Case law

Estate of B.I.C. Ex Rel. C.S.C. v. Gillen

702 F.3d 1182 · Court of Appeals for the Tenth Circuit · Dec 19, 2012

Clearly Established Law Ms. … Gillen briefly argues that, if the court must reach the second part of the qualified immunity inquiry — whether the law was clearly established — a reasonable person in her position would not have been aware that she was

Niki Frenchko v. Paul Monroe

Court of Appeals for the Sixth Circuit · Nov 26, 2025

Qualified Immunity Qualified immunity protects government officials for actions taken within the scope of their authority which do not “violate clearly established statutory or constitutional rights of which a reasonable … And because Frenchko cannot succeed in demonstrating a violation of her Fourth Amendment rights to satisfy the first qualified-immunity prong, we need not reach the question of whether the right she claims was clearly established

Dr. Judith Piesco v. The City of New York, Dept. Of Personnel, Juan Ortiz and Nicholas Laporte, Jr.

933 F.2d 1149 · Court of Appeals for the Second Circuit · Jun 3, 1991

The qualified immunity doctrine shields government officials performing discretionary functions from liability for civil damages insofar as their actions did not violate “clearly established statutory or constitutional rights … Even where the rights were clearly established, officials are immune if it was objectively reasonable for them to believe that their acts did not violate those rights. Anderson v. Creighton, 483 U.S. 635, 639 (1987).

Grancid Camilo-Robles v. Dr. Guillermo Hoyos and Dr. Hector O. Rivera-Gonzalez, Grancid Camilo-Robles v. Pedro A. Toledo-Davila, Grancid Camilo-Robles v. Gilberto Diaz-Pagan, Grancid Camilo-Robles v. Pablo Santiago-Gonzalez

151 F.3d 1 · Court of Appeals for the First Circuit · Jun 29, 1998

seeks qualified immunity in a section 1983 action, the "clearly established" prong of the qualified immunity inquiry is satisfied when (1) the subordinate's actions violated a clearly established constitutional right, and … Responding to these allegations, each defendant claims qualified immunity and, because both the rights in question and each defendant's susceptibility to supervisory liability are clearly established, these qualified immunity

Virgil Jones v. Ronald Watson, J. Volland, and W. Stec

106 F.3d 774 · Court of Appeals for the Seventh Circuit · Feb 10, 1997

Winston, 36 F.3d 548 , 555 & n. 7 (7th Cir.1994), certiorari denied, — U.S. -, 115 S.Ct. 2576 , 132 L.Ed.2d 827 (1995). 7 *778 Qualified Immunity The doctrine of qualified immunity shields public officials performing discretionary … arrest] to be lawful, in light of clearly established law and the information the arresting officers possessed.’ ” Hunter v.

George Marvaso v. Richard Sanchez

Court of Appeals for the Sixth Circuit · Aug 21, 2020

As Plaintiffs concede, they bear the burden of overcoming qualified immunity by showing that the alleged statutory or constitutional violation was clearly established at the time of the violation. (19-1882 Appellee’s Br. … But “whether a particular complaint sufficiently alleges a clearly established violation of law . . . is both ‘inextricably intertwined with, and ‘directly implicated by,’ the qualified-immunity defense,” so we have pendent

Anderson v. Pasadena Independent School District

184 F.3d 439 · Court of Appeals for the Fifth Circuit · Aug 5, 1999

immunity and requested the district court to prohibit discovery until the qualified immunity claim was resolved. … The individual defendants again filed for Rule 12(b)(6) dismissal claiming qualified immunity.

Terry Caskey v. Nathan Fenton

Court of Appeals for the Sixth Circuit · Nov 16, 2022

Under the doctrine of qualified immunity, government officials are shielded from civil liability unless their conduct violates clearly established constitutional rights. Harlow v. … subject to qualified immunity protections.

Yvonne L. v. New Mexico Department of Human Services

959 F.2d 883 · Court of Appeals for the Tenth Circuit · Mar 24, 1992

Because the court found no clearly established right, the court upheld the qualified immunity defenses of defendants. … effect of converting qualified immunity into absolute immunity.”

Prison Legal News, a Washington Corporation Rollin A. Wright v. Joseph Lehman, in His Official and Individual Capacities Eldon Vail, in His Official and Individual Capacities Carol Porter, in Her Official and Individual Capacities James Blodgett, Superintendent, in His Official and Individual Capacities Kay Walter, in Her Official and Individual Capacities Alice Payne, in Her Official and Individual Capacities Maggie Miller-Stout, in Her Official and Individual Capacities Richard Morgan, in His Official and Individual Capacities Bob Moore, in His Official and Individual Capacities John Lambert, in His Official and Individual Capacities Doug Waddington, in His Official and Individual Capacities Belinda D. Stewart, in Her Official and Individual Capacities, Prison Legal News, a Washington Corporation Rollin A. Wright v. Joseph Lehman, in His Official and Individual Capacities Eldon Vail, in His Official and Individual Capacities Carol Porter, in Her Official and Individual Capacities James Blodgett, Superintendent, in His Official and Individual Capacities Kay Walter, in Her Official and Individual Capacities Alice Payne, in Her Official and Individual Capacities Maggie Miller-Stout, in Her Official and Individual Capacities Richard Morgan, in His Official and Individual Capacities Bob Moore, in His Official and Individual Capacities John Lambert, in His Official and Individual Capacities Doug Waddington, in His Official and Individual Capacities Belinda D. Stewart, in Her Official and Individual Capacities Scott Frakes, in His Official and Individual Capacities

397 F.3d 692 · Court of Appeals for the Ninth Circuit · Feb 1, 2005

because they violated clearly established law. … It also properly granted qualified immunity to the prison officials on this claim because their actions did not violate clearly established law.

Mariana v. Fisher

338 F.3d 189 · Court of Appeals for the Third Circuit · Jul 30, 2003

That immunity is so potent that it protects petitioning notwithstanding an improper purpose or motive. Id. The doctrine was first established in E.R.R. Presidents Conference v. … To qualify as state action under the Midcal test, the challenged restraint must, first, be one that is “ ‘clearly articulated and affirmatively expressed as state policy,’ ” and, second, the resulting antitrust violation

Washington v. Kirksey

811 F.2d 561 · Court of Appeals for the Eleventh Circuit · Mar 2, 1987

Qualified Immunity 13 Kirksey contends that the district court erred in failing to find that his conduct would be shielded from liability under the doctrine of qualified immunity. In Harlow v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court established an objective test of qualified immunity: "[G]overnment officials performing discretionary functions generally are shielded from

Harrison v. Fed. Bureau of Prisons

298 F. Supp. 3d 174 · Court of Appeals for the D.C. Circuit · Feb 28, 2018

The Court next turns to the individual defendants' qualified immunity argument. … Courts considering the question more recently have similarly held that this right is clearly established for purposes of qualified immunity.

Aubrey L. Hart and Judy D. Hart, Cross-Appellants v. Dudley Walker, Cross-Appellee

720 F.2d 1436 · Court of Appeals for the Fifth Circuit · Dec 16, 1983

immunity. … Thus, the district court’s finding that Walker was not entitled to qualified immunity is correct. IV. DAMAGES.

Brown v. City of Fort Lauderdale

923 F.2d 1474 · Court of Appeals for the Eleventh Circuit · Feb 19, 1991

The court dismissed the § 1983 claims against both Cochran and Hoffman based on qualified immunity. … It stated merely that the defendants were entitled to immunity because Brown had failed to allege facts demonstrating that the constitutional right allegedly infringed was clearly established at the time of their conduct

Brady v. Dill

187 F.3d 104 · Court of Appeals for the First Circuit · Jul 22, 1999

To determine a defendant’s eligibility for qualified immunity, courts must define the right asserted by the plaintiff at an appropriate level of generality and ask whether,' so characterized, that right was clearly established … It is, therefore, too slender a reed to ward off a finding of qualified immunity.

Lloyd v. Housing Authority of Kirksville

58 F.3d 398 · Court of Appeals for the Eighth Circuit · Jul 6, 1995

was lawful in light of clearly established law. … Because Hamilton’s right to qualified immunity depends on the resolution of conflicting evidence about the circumstances surrounding Lloyd’s transfer, we cannot decide the qualified immunity issue on summary judgment.

McCarthy v. Mayo

827 F.2d 1310 · Court of Appeals for the Ninth Circuit · Sep 14, 1987

But a governmental official has immunity for discretionary acts so long as those acts do not violate a clearly established constitutional right. Harlow v. … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (qualified immunity available where the right violated was not clearly established at the time the act took place).

Duy Ngo v. Charles Storlie

Court of Appeals for the Eighth Circuit · Jul 26, 2007

were objectively reasonable in light of clearly established law. … Here, we must ask whether Ngo’s right to be free from excessive force is clearly established.

Purisch v. Tennessee Technological University

76 F.3d 1414 · Court of Appeals for the Sixth Circuit · Mar 1, 1996

Government officials who perform discretionary functions are entitled to qualified immunity from civil damage suits arising out of the performance of their official duties unless they violate “clearly established constitutional … Only if we find a constitutional violation do we examine whether it involved “clearly established constitutional rights of which a reasonable person would have known.”