Case law

Serna v. Goodno

567 F.3d 944 · Court of Appeals for the Eighth Circuit · Jun 3, 2009

Qualified immunity generally shields “[government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Second, courts were “to ask whether the right was clearly established.” Id.

Young v. Murphy

90 F.3d 1225 · Court of Appeals for the Seventh Circuit · Jul 22, 1996

(physician under contract to prison entitled to assert qualified immunity where physician was “performing duties that would otherwise have to be performed by a public official who clearly would have qualified immunity”), … If a complaint fails to allege a clearly established constitutional violation against a public official, the defendant is entitled to qualified immunity. Zorzi v. County of Putnam, 30 F.3d 885, 892 (7th Cir.1994).

Sin v. Crystal Park Hotel Casino

77 F. App'x 433 · Court of Appeals for the Ninth Circuit · Oct 8, 2003

We must now inquire whether the constitutional right at issue is “clearly established.” Saucier, 533 U.S. at 202. Here, the district court reasoned: “Specific intent is an element of California Penal Code § 422. … The jury decided otherwise, and in so doing removed the underpinning for a challenge to the summary judgment on the basis of qualified immunity. AFFIRMED.

James Williams v. Harold J. Smith, Superintendent, and W. Morgan, C.O., Attica Correctional Facility

781 F.2d 319 · Court of Appeals for the Second Circuit · Jan 15, 1986

Qualified Immunity In actions under 42 U.S.C. § 1983 , good faith or qualified immunity is an affirmative defense which must be pleaded by the defendant officials. Harlow v. … Once qualified immunity is pleaded, plaintiff's complaint will be dismissed unless defendant’s alleged conduct, when committed, violated “clearly established statutory or constitutional rights of which a reasonable person

Rivera v. Lopez

67 F. App'x 651 · Court of Appeals for the Second Circuit · Jun 16, 2003

immunity. … “Our jurisdiction is nevertheless limited to circumstances where the qualified immunity defense may be established as a matter of law.” Cartier, 955 F.2d at 844 .

Horne v. Coughlin, III

178 F.3d 603 · Court of Appeals for the Second Circuit · May 21, 1999

immunity because the right was not clearly established at the time of the alleged violation. … established law to dismiss Horne's action on grounds of qualified immunity.

Beard, III v. City of Northglenn, Colorado

24 F.3d 110 · Court of Appeals for the Tenth Circuit · May 11, 1994

In this vein, the question whether qualified immunity protects a particular defendant is most often and most properly passed upon, as here, well in advance of trial, with any denial of qualified immunity amenable to interlocutory … Therefore the first prong of the qualified immunity test has been satisfied." Appellant's Appendix at 211.

Richardson v. Orangeburg School Dist. No. 1

53 F.3d 329 · Court of Appeals for the Fourth Circuit · May 3, 1995

The defendants moved for summary judgment on all claims and asserted qualified immunity as a defense to the liberty and property interest claims. … Fosyth, 472 U.S. 511, 530 (1985), defendants appeal the denial of qualified immunity on the liberty interest claim. 2 Defendants do not assert that the relevant legal principles governing this claim were not clearly established

Fierro v. City of New York

341 F. App'x 696 · Court of Appeals for the Second Circuit · Jul 27, 2009

A government official is entitled to qualified immunity where his or her discretionary conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Pataki, 196 F.3d 56 , 66 (2d Cir.1999) (indicating that if a constitutional protection is not clearly established at the time of an official’s alleged conduct, the official will be protected by qualified immunity even if

Doe v. Heck

327 F.3d 492 · Court of Appeals for the Seventh Circuit · May 15, 2003

established, thereby entitling them to qualified immunity from the plaintiffs' suit. … Under the doctrine of qualified immunity, government officials are "`shielded from liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable

Andrew Perrong v. Matthew Bradford

Court of Appeals for the Third Circuit · Oct 6, 2025

is protected under qualified immunity. … Here, the District Court ruled that Bradford was not entitled to qualified immunity due, in part, to the Court’s holding that TCPA’s robocalling prohibitions to state legislators are clearly established.

Brant v. Volkert

72 F. App'x 463 · Court of Appeals for the Seventh Circuit · Jul 25, 2003

Alternatively, the district court held that Brant’s lawsuit against the officers was barred by qualified immunity, because he was unable to show that the officers violated any of his clearly established rights. … It is Brant’s burden to establish that the officers violated his clearly established rights, see Denius v.

Lovelace v. Delo

47 F.3d 286 · Court of Appeals for the Eighth Circuit · Feb 8, 1995

qualified immunity. … of addressing the issue of qualified immunity.

Michael D. Veilleux v. Jeffrey Perschau, Detective for the Manchester Police Department

101 F.3d 1 · Court of Appeals for the First Circuit · Nov 20, 1996

The district court granted summary judgment in favor of Persehau on grounds of qualified immunity. … Although the right against self-incrimination is itself clearly established, Perschau is “nevertheless ... entitled to qualified immunity [so long as his] decision was reasonable, even if mistaken.”

Craig Strand v. Curtis Minchuk

Court of Appeals for the Seventh Circuit · Nov 8, 2018

Doing so would mark a stark depar‐ ture from clearly established law regarding an officer’s use of  deadly  force.  … For the law to be clearly established—the second prong of  the  qualified  immunity  analysis—the  “existing  precedent  must have placed the statutory or constitutional question be‐ yond debate.” 

Wilson v. Rackmill

878 F.2d 772 · Court of Appeals for the Third Circuit · Jul 6, 1989

In their executive or administrative capacity, probation and parole officers are entitled only to a qualified, good faith immunity. Id. at 284 . … duties, entitling them to qualified or good faith immunity.

McDade v. West

223 F.3d 1135 · Court of Appeals for the Ninth Circuit · Sep 15, 2000

immunity “because no clearly established law proscribed his actions, and he could have reasonably believed his conduct was lawful.” … The test for qualified immunity is: (1) identification of the specific right being violated; (2) determination of whether the right was so clearly established as to alert a reasonable officer to its constitutional parameters

Pediatric Specialty Care, Inc. v. Arkansas Department Of Human Services

443 F.3d 1005 · Court of Appeals for the Eighth Circuit · Apr 17, 2006

That is a violation of the rights clearly established under the §§ 1396d(a)(13) and 396a(a)(30)(A) and our prior caselaw, and thus neither defendant is entitled to summary judgment on the issue of qualified immunity. … CONCLUSION 44 The current and former directors of the Arkansas Department of Human Services appeal the denial of qualified immunity on the plaintiffs' claims relating to their clearly established rights under the Medicaid

Kartseva v. Department of State

37 F.3d 1524 · Court of Appeals for the D.C. Circuit · Oct 28, 1994

Because we remand the constitutional quéstion, we do not now decide whether the Bivens claims can survive a claim of qualified immunity. 21 In the event, however, that the district court finds the existence of a clearly established … ] motion for summary judgment on qualified immunity grounds can be resolved.”

B. David Ridpath v. Board of Governors Marshall University Dan Angel F. Layton Cottrill K. Edward Grose, and Bob Pruett Richard Hilliard, B. David Ridpath v. Bob Pruett, and Board of Governors Marshall University Dan Angel F. Layton Cottrill K. Edward Grose Richard Hilliard

447 F.3d 292 · Court of Appeals for the Fourth Circuit · May 11, 2006

the qualified immunity test, we assess whether the free speech claims would contravene clearly established rights of which a reasonable person would have known. … on a clearly established First Amendment right.