Case law

Daughenbaugh v. City of Tiffin

150 F.3d 594 · Court of Appeals for the Sixth Circuit · Jul 31, 1998

Qualified Immunity The Supreme Court has held that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Thus, the first step in any qualified immunity analysis is to determine whether a clearly established statutory or constitutional right has been violated.

Kobe Pinkney v. Meadville Pennsylvania

95 F.4th 743 · Court of Appeals for the Third Circuit · Mar 12, 2024

Because the District Court made no factual findings, it denied qualified immunity based on the law. So we have appellate ju- risdiction to hear this legal challenge to a denial of qualified immunity. Dennis v. … Officer Frum argues that qualified immunity shields him because he had probable cause for the arrest.

Price v. Kramer

200 F.3d 1237 · Court of Appeals for the Ninth Circuit · Jan 11, 2000

Post-trial appeal of pre-trial denial of qualified immunity The defendants argue that the district court’s pre-trial order denying the officers qualified immunity was improper. … In qualified immunity cases, unlike almost all others, 6 a denial of a motion for qualified immunity as a matter of law is appealable as of right on an interlocutory basis.

98 Cal. Daily Op. Serv. 8049, 98 Daily Journal D.A.R. 11,185 Theodore Chester Kulas v. Cso Valdez Officer Kotzin, Psychiatric Ward, Madison Street Jail Officer Fay Officer Lambert Maricopa County Sheriff's Office, Sgt. Medina, Corrections Officer, Psychiatric Ward at Madison Street Jail Sgt. Ceselini Potts Hoffert Osran

159 F.3d 453 · Court of Appeals for the Ninth Circuit · Oct 29, 1998

have known. 30 The Court stated that the limits of qualified immunity should be defined in objective terms, with the reasonableness of an official's conduct measured by reference to clearly established law. … However, "[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct."

Floyd v. City of Detroit

Court of Appeals for the Sixth Circuit · Mar 6, 2008

“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201. … of this case, Floyd’s constitutional right to be free from excessive force was clearly established.

William H. Boddie v. City Of Columbus

989 F.2d 745 · Court of Appeals for the Fifth Circuit · Apr 14, 1993

Chief Gale argues that he has qualified immunity. … We conclude that Chief Gale should reasonably have known that firing Boddie for his association with union firemen violated clearly established law. The district court did not err in refusing qualified immunity. 3 IV.

McClendon v. City of Columbia

285 F.3d 1078 · Court of Appeals for the Fifth Circuit · Jul 27, 2001

Qualified Immunity for Carney Even if an official's conduct violates a constitutional right, he is entitled to qualified immunity if the conduct was objectively reasonable.21 The objective reasonableness of allegedly … Although generally in cases of qualified immunity we look to the law of this circuit and the Supreme Court to determine whether the applicable law was clearly established at the time of the constitutional violation, we

Melva A. Schalk v. James Gallemore

906 F.2d 491 · Court of Appeals for the Tenth Circuit · Jun 20, 1990

Qualified Immunity of Gallemore In Harlow v. … Harlow is intended as a shield against liability but cannot become an insuperable barrier; therefore, public officials lose immunity in the face of clearly established law.

Harry J. Weeks, Plaintiff-Appellant/cross-Appellee v. L.R. Chaboudy, M.D., Defendant-Appellee/cross-Appellant

984 F.2d 185 · Court of Appeals for the Sixth Circuit · Apr 16, 1993

He further argues that as a public official, he should enjoy qualified immunity from suit. In Estelle v. … Creighton, 483 *188 U.S. 635, 638-39 , 107 S.Ct. 3034, 3038-39 , 97 L.Ed.2d 523 (1987), Chaboudy is not entitled to qualified immunity if he violated clearly established law of which a reasonable prison physician would have

Wye Oak Technology, Inc. v. Republic of Iraq

24 F.4th 686 · Court of Appeals for the D.C. Circuit · Feb 4, 2022

Shaw, 478 U.S. 310, 318 (1986)), a foreign state “will not be found to have [explicitly] waived its immunity unless it has clearly and unambiguously done so[,]” id. … Indeed, an established treatise that Wye Oak relies on specifically states that “the [commercial activities] exception’s second clause provides for jurisdiction where a defendant qualifying as a ‘foreign state’ under the

Walker v. Horn

286 F.3d 705 · Court of Appeals for the Third Circuit · Apr 16, 2002

Lasky who both argue that they are immune from suit under the doctrine of qualified immunity. … Generally, the relevant issue of law is whether the right the defendant is alleged to have violated was “clearly established” at the time the defendant acted or failed to act. See Behrens v.

Truman v. Orem City

Court of Appeals for the Tenth Circuit · Jun 25, 2021

The Fifth Circuit held that even though this constituted a violation of the inmate’s Eighth Amendment rights, the prison officials were entitled to qualified immunity because it was not clearly established that “prisoners … because the unconstitutionality of such acts was clearly established).

Burrell v. Virginia

395 F.3d 508 · Court of Appeals for the Fourth Circuit · Jan 27, 2005

We review a district court's denial of qualified immunity de novo. Rogers v. Pendleton, 249 F.3d 279, 285 (4th Cir.2001). … If the challenged conduct did violate a clearly established constitutional right, qualified immunity does not bar the suit. Id. at 200, 202, 121 S.Ct. 2151 .

Clement v. City of Glendale

518 F.3d 1090 · Court of Appeals for the Ninth Circuit · Mar 11, 2008

Officer Young did not violate Clement’s clearly established right by calling for her car to be towed. … In deciding a motion for summary judgment in a section 1983 action we are bound to look first to whether there was a constitutional violation and then to whether defendants have qualified immunity, even if the qualified immunity

International Union, United Automobile, Aerospace & Agricultural Implement Workers, Local 737 v. Auto Glass Employees Federal Credit Union

72 F.3d 1243 · Court of Appeals for the Sixth Circuit · Jan 9, 1996

Because in the plaintiffs’ view these rights were clearly established under the NLRA, Carver was not entitled to qualified immunity. B. The defendants respond that they acted within their clear authority under the Act. … Once a government official raises the defense of qualified immunity, the plaintiffs must plead and prove with some particularity the existence of a clearly established right that the official is alleged to have violated.

Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission, Defendants

212 F.3d 1318 · Court of Appeals for the Eleventh Circuit · May 30, 2000

Qualified immunity protects government officials from civil suit when they have acted within their discretionary functions in a manner that violates “no clearly established statutory or constitutional rights of which a reasonable … “Defendants are entitled to qualified immunity in a Rule 12(b)(6) motion to dismiss only if the complaint fails to allege facts that would show a violation of a clearly established constitutional right.” Kyle K. v.

Lucinda Lovett v. Landon Herbert

Court of Appeals for the Seventh Circuit · Oct 29, 2018

established law for qualified immunity pur- poses. … But this is too fine an analysis on which to base a finding of clearly established law, and we are skeptical that a decision on the merits (not addressing qualified immunity), finding that defendant officials did not violate

Doug Greisen v. Jon Hanken

925 F.3d 1097 · Court of Appeals for the Ninth Circuit · May 31, 2019

Hanken is not entitled to qualified immunity on the public concern issue By 1995, it was clearly established that the misuse of public funds is a matter of public concern. See Johnson, 48 F.3d at 425. … Hanken is thus not entitled to qualified immunity. C.

74 Empl. Prac. Dec. P 45,490, 11 Fla. L. Weekly Fed. C 1551 Michael Moniz v. City of Fort Lauderdale, a Florida Municipal Corporation, Joseph Donisi, Thomas McCarthy Bruce Roberts, Both in Their Official Capacities as Acting Chief of Police and in Their Individual Capacities

145 F.3d 1278 · Court of Appeals for the Eleventh Circuit · Jul 9, 1998

immunity unless Moniz can demonstrate that appellants should have known, based on clearly established law as of 1993 and 1995, the years in which the challenged promotions were awarded, that their use of race as a factor … We conclude, therefore, that, having violated no clearly established law, appellants are entitled to qualified immunity as a matter of law.

Schlothauer v. Robinson

757 F.2d 196 · Court of Appeals for the Eighth Circuit · Mar 14, 1985

Police officers, however, are afforded qualified immunity from liability in suits brought under 42 U.S.C. § 1983 . Pierson v. Ray, 386 U.S. 547, 557 , 87 S.Ct. 1213, 1219 , 18 L.Ed.2d 288 (1967). … Thus we cannot say that the law was *198 “clearly established” at the time of Schlothauer’s arrest.