Case law

Rowland v. Perry

41 F.3d 167 · Court of Appeals for the Fourth Circuit · Nov 29, 1994

We shall first address Perry’s various claims of qualified immunity. The basic rules of § 1983 immunity are well known. … The law thus shields police officers from civil liability unless the officer reasonably should have known that his actions violated clearly established constitutional rights. Harlow v.

Doe v. Warren Consolidated Schools

93 F. App'x 812 · Court of Appeals for the Sixth Circuit · Mar 24, 2004

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Plaintiffs’ constitutional right to be free from sexual abuse was therefore clearly established at the time of the alleged abuse.

Catrena Green v. Adam Throckmorton

681 F.3d 853 · Court of Appeals for the Sixth Circuit · Jun 13, 2012

Qualified immunity is a doctrine that “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Rather, an officer is entitled to qualified immunity under § 1983 “if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information possessed

Norse v. City of Santa Cruz

629 F.3d 966 · Court of Appeals for the Ninth Circuit · Dec 15, 2010

On the eve of trial, the district court sua sponte granted judgment against him, holding that the city officials were entitled to qualified immunity. … his clearly established rights.”

Wells v. Brown

891 F.2d 591 · Court of Appeals for the Sixth Circuit · Dec 12, 1989

immunity” from damages by violating “clearly established” rights protected by the Due Process Clause. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court predicted that qualified immunity would “permit the resolution of many insubstantial claims on summary judgment.”

Reed v. Woodruff County

7 F.3d 808 · Court of Appeals for the Eighth Circuit · Oct 21, 1993

In addition, the District Court held that the defendants were not entitled to qualified immunity, because the law on deliberate indifference under the Eighth Amendment was clearly established at the time of the incident. … The Supreme Court applied this doctrine to qualified-immunity cases in Mitchell v.

William Gardner v. Jason Evans

920 F.3d 1038 · Court of Appeals for the Sixth Circuit · Apr 4, 2019

this constitutional notice requirement was clearly established. … Nevertheless, the inspectors would be immune from suit if the plaintiffs did not have a clearly established right to be free from eviction based  No. 17-1933 Gardner, et al. v.

Adams v. St. Lucie County Sheriff's Department

998 F.2d 923 · Court of Appeals for the Eleventh Circuit · Aug 25, 1993

Id. at 557-58, 105 S.Ct. at 2832 (Brennan, J., concurring in part and dissenting in part). 14 Judicial fact-finding on such issues would ensure that qualified immunity serves as an immunity from suit, particularly in cases … Nevertheless, after this opinion, the law is clearly established that law enforcement officers may not use deadly force to apprehend a fleeing misdemeanant 1 I am somewhat concerned by the fact that defense counsel stipulated

Rellergert v. Cape Girardeau County, Missouri

924 F.2d 794 · Court of Appeals for the Eighth Circuit · Feb 4, 1991

DISCUSSION 10 The law of qualified immunity is especially susceptible to the adage that the law applied to hard facts yields unfortunate results. … While we conclude that the law is clearly established that jailers must take measures to prevent inmate suicides once they know of the suicide risk, we cannot say that the law is established with any clarity as to what those

Peta v. Rasmussen

298 F.3d 1198 · Court of Appeals for the Tenth Circuit · Aug 7, 2002

Qualified Immunity 37 PeTA argues that the defendants did not assert qualified immunity below and therefore cannot assert it on appeal. … Tinker and Grayned clearly established the right to engage in expressive activity on a sidewalk adjacent to a school if no material disruption occurs. Therefore, the defendants are not entitled to qualified immunity.

A. Eugene Ramey v. Charles Bowsher, Comptroller of the United States

915 F.2d 731 · Court of Appeals for the D.C. Circuit · Oct 5, 1990

Earl Wysong, a former employee at the GAO, to establish that his eoworker, Ms. Drake, should not have been promoted because she was not qualified for the GS-14 position. … The record also supports the District Court’s view that Drake was not only qualified for the position, but probably even better qualified than Ramey.

No. 02-3929

330 F.3d 1038 · Court of Appeals for the Eighth Circuit · Jun 5, 2003

Public officials are entitled to qualified immunity in suits against them in their individual capacity as long as their actions do not violate "clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is an affirmative defense, to be upheld in a motion to dismiss only when the immunity can be established on the face of the complaint.

Darrin VanPelt v. City of Detroit, Mich.

70 F.4th 338 · Court of Appeals for the Sixth Circuit · Jun 6, 2023

The district court granted summary judgment to the defendants, holding that Officer Layne didn’t violate VanPelt’s constitutional rights and was thus entitled to qualified immunity. … To overcome qualified immunity, VanPelt must show that Officer Layne (1) violated a constitutional right that was (2) clearly established. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Greene v. Terhune

2 F. App'x 750 · Court of Appeals for the Ninth Circuit · Jan 22, 2001

State officials such as Defendants have qualified immunity from civil liability under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Thus, Defendants are entitled to qualified immunity. Qualified immunity does not bar actions for declaratory or injunctive relief. American Fire, Theft & Collision Managers, Inc. v.

Vazquez-Valentin v. Santiago-Diaz

459 F.3d 144 · Court of Appeals for the First Circuit · Aug 22, 2006

identified a three-step process for evaluating qualified immunity claims: (1) whether the claimant has alleged the deprivation of an actual constitutional right; (2) whether the right was clearly established at the time of … The documents that we discussed above clearly are relevant to the qualified immunity analysis and should be evaluated by the district court when it considers that issue again.

Browder Ex Rel. Estate of Browder v. City of Albuquerque

787 F.3d 1076 · Court of Appeals for the Tenth Circuit · Jun 2, 2015

Unless we can say so much, Sergeant Casaus rightly reminds us, he remains entitled to qualified immunity, whatever he may have done. … from prior case law to clearly establish the violation.”

Gibson v. Matthews

926 F.2d 532 · Court of Appeals for the Sixth Circuit · Feb 22, 1991

II 21 We uphold the district court's judgment in part because we believe that the defendants are entitled to qualified immunity under the doctrine established in Harlow v. … III 27 We would uphold the district court even if qualified immunity was not available.

Ellis v. City of San Diego

176 F.3d 1183 · Court of Appeals for the Ninth Circuit · May 14, 1999

Qualified Immunity Both Hartson and Van Hoesen asserted below and on appeal that they are entitled to qualified immunity, and argue that this provides an alternative basis for affirming the district court’s order. … Cole, 504 U.S. 158 , 112 S.Ct. 1827 , 118 L.Ed.2d 504 (1992). 7 In determining Van Hoesen’s claim of qualified immunity, we consider whether Ellis has alleged that Van Hoesen acted unreasonably to deprive him of a clearly-established

Jefferson v. Ysleta Independent School District

817 F.2d 303 · Court of Appeals for the Fifth Circuit · May 20, 1987

Finding that the pleadings allege conduct which "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known," Harlow v. … Analysis 5 The defense of qualified immunity protects a public official from liability in the performance of his duties unless he violates a clearly established statutory or constitutional right of another known to or knowable

Rellergert v. Cape Girardeau County

924 F.2d 794 · Court of Appeals for the Eighth Circuit · Feb 4, 1991

DISCUSSION The law of qualified immunity is especially susceptible to the adage that the law *796 applied to hard facts yields unfortunate results. … While we conclude that the law is clearly established that jailers must take measures to prevent inmate suicides once they know of the suicide risk, we cannot say that the law is established with any clarity as to what those