Case law

Children First Foundation, Inc. v. Martinez

169 F. App'x 637 · Court of Appeals for the Second Circuit · Mar 6, 2006

If qualified immunity cannot be determined as a matter of law, we lack appellate jurisdiction. Id. at 438. … Even if defendants are correct that the picture plate program is a nonpublic forum, an issue we need not reach here, the complaint alleges that defendants engaged in viewpoint discrimination, and it is clearly established

Edward R. Lane v. Central Alabama Community College

772 F.3d 1349 · Court of Appeals for the Eleventh Circuit · Nov 24, 2014

We also said that, even if a First Amendment violation had occurred, Franks would be entitled to qualified immunity from the claim against him individually because Lane’s First Amendment right was not clearly established … As a result, Franks was entitled to qualified immunity from the claim made against 1 Lane’s claim against Franks in his official capacity is now a claim against Susan Burrow, in her official capacity as CACC’s acting

Mays v. Sudderth

97 F.3d 107 · Court of Appeals for the Fifth Circuit · Oct 16, 1996

but to allow police officers only qualified immunity for following the advice.... … Ironically, it would mean that the police, who do not ordinarily hold law degrees, would be required to know the clearly established law, but prosecutors would not." 500 U.S. at 495, 111 S.Ct. at 1944.

Jeanne Robinson David J. Marc v. George G. Balog Robert Guston, Bureau Head Leonard H. Addison, Bureau Head Mayor and City Council of Baltimore

160 F.3d 183 · Court of Appeals for the Fourth Circuit · Nov 12, 1998

We first address whether Balog, Guston, and Addison are entitled to qualified immunity on plaintiffs’ Connick claims. … Qualified immunity protects government officials from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Torres-Estrada v. Cases

88 F.4th 14 · Court of Appeals for the First Circuit · Dec 6, 2023

to "the limits of qualified immunity" that apply in Bivens actions, noting that if qualified immunity applied in Bivens actions but not in FTCA claims, it could "permit the United States to be liable for conduct even when … We agree with the Third Circuit and decline to import the "clearly established" requirement into the discretionary function exception analysis.

McKenna v. Wright

386 F.3d 432 · Court of Appeals for the Second Circuit · Oct 18, 2004

We permitted the defense to be asserted on a Rule 12(b)(6) motion because “the complaint itself established] the circumstances required as a predicate to a finding of qualified immunity.” Id. at 1019 . … Therefore, to establish their qualified immunity defense, the defendants must show that it was “objectively reasonable,” Ford v.

Burnette v. Taylor

533 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Jul 10, 2008

The magistrate also concluded that Defendants were not shielded by qualified immunity. Defendants filed their objection to the report and recommendation. … Bozeman, 422 F.3d at 1270-71 (concluding that qualified immunity attaches unless it is "already clearly established in such a particularized way to make obvious the conclusion for all reasonable, similarly situated jail officials

Brown v. Tarrant Cty

Court of Appeals for the Fifth Circuit · Jan 19, 2021

We choose to resolve Brown’s claim at step two of the qualified immunity analysis, 8 finding that the asserted right was not “clearly established” at the time of Anderson’s conduct. … We note, however, that the issue of qualified immunity was not before the prior panel because the Texas Attorney General did not brief a qualified immunity defense and Anderson himself was not served until after the

Warney v. Monroe County

587 F.3d 113 · Court of Appeals for the Second Circuit · Nov 13, 2009

72 days violated a clearly established, substantive due process right. … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

Rodriguez-Marin v. Rivera-Gonzalez

438 F.3d 72 · Court of Appeals for the First Circuit · Feb 16, 2006

An official is entitled to qualified immunity unless (1) "the plaintiffs' allegations, if true, establish a constitutional violation," (2) "the right was clearly established at the time of the alleged violation," and ( … Plaintiffs' allegations, if true, clearly established a violation of their First Amendment rights, and such right was well established at the time of the violation. See Acevedo-García, 351 F.3d at 564.

Samuel Troice v. Proskauer Rose, L.L.P., et

816 F.3d 341 · Court of Appeals for the Fifth Circuit · Mar 10, 2016

What is more, even defendants asserting qualified immunity often must respond to discovery to help the court resolve factual disputes in order to determine whether they are entitled to qualified immunity. … (“Even if the plaintiff’s complaint adequately alleges the commission of acts that violated clearly established law, the defendant is entitled to summary judgment if discovery fails to uncover evidence sufficient to create

Brooks v. City of Aurora, Ill.

653 F.3d 478 · Court of Appeals for the Seventh Circuit · Jul 6, 2011

Further, controlling law at the time of the incident did not clearly establish that the use of pepper spray was unreasonable under the circumstances; thus, the officers are entitled to qualified immunity on Mr. … To deter- mine whether the defendants are entitled to qualified immunity, we ask (1) “whether [Mr.

Kelsey v. County of Schoharie

Court of Appeals for the Second Circuit · May 22, 2009

As a result, it would be premature to 20 determine whether Defendants Bates and Hazzard are 21 responsible for violating clearly established 22 constitutional law or are immune from suit under the 23 … qualified immunity doctrine.

McClure v. Independent School District No. 16

228 F.3d 1205 · Court of Appeals for the Tenth Circuit · Oct 6, 2000

McClure in part but held that the individual board members were entitled to qualified immunity. Both sides appeal. … Qualified Immunity We turn to the district court’s grant of qualified immunity to the individual defendants.

Washington Annapolis Hotel Co. v. Riddle

171 F.2d 732 · Court of Appeals for the D.C. Circuit · Jun 1, 1948

The Superior Court found, however, that the defendant had not established a defeasible immunity, and on appeal to the Pennsylvania Supreme Court this ruling was affirmed. That court said: . … In view of the established law as outlined above, an analysis of the facts of the instant case clearly shows that there was no defeasible immunity involved here.

Richard D. Jackson v. David M. McCurry

Court of Appeals for the Eleventh Circuit · Mar 12, 2019

establish law for qualified immunity). … established law and so he is entitled to qualified immunity.

Deborah Shaw, Administratrix of the Estate of Sidney Bowen, Deceased Nancy Bowen, Individually, and as Guardian Ad Litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the Minor Children of Sidney Bowen v. C.I. Stroud, Individually, and Alfred E. Morris, J.M. Smith J.A. McVicker J.H. Parks, in Their Individual Capacities, Deborah Shaw, Administratrix of the Estate of Sidney Bowen, Deceased Nancy Bowen, Individually, and as Guardian Ad Litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the Minor Children of Sidney Bowen v. Alfred E. Morris C.I. Stroud, J.M. Smith, in Their Individual Capacities, and J.A. McVicker J.H. Parks, in Their Individual Capacities, Deborah Shaw, Administratrix of the Estate of Sidney Bowen, Deceased Nancy Bowen, Individually, and as Guardian Ad Litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the Minor Children of Sidney Bowen v. C.I. Stroud Alfred E. Morris J.M. Smith, in Their Individual Capacities, Deborah Shaw, Administratrix of the Estate of Sidney Bowen, Deceased Nancy Bowen, Individually, and as Guardian Ad Litem for Kimberly Yvonne Bowen and Lee Frederick Bowen, the Minor Children of Sidney Bowen v. C.I. Stroud, Individually

13 F.3d 791 · Court of Appeals for the Fourth Circuit · Jan 6, 1994

Government officials have qualified immunity for discretionary functions so long as "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Smith meets the standard for qualified immunity set forth in Harlow, 457 U.S. at 818 , 102 S.Ct. at 2727 : a reasonable officer, in light of clearly established legal rules, could have believed his conduct was lawful.

Distiso v. Town of Wolcott

352 F. App'x 478 · Court of Appeals for the Second Circuit · Nov 5, 2009

The district court then denied the Defendants’ qualified immunity defense, asserting conclusorily that Nicholas’s right to be free from racial discrimination was clearly established, and that a reasonable school official … Therefore, if the facts alleged by the Plaintiff here do not make out violation of a “clearly established” constitutional right, then qualified immunity is available. Id. at 816 ; see also Okin v.

Jerry Newmaker v. City of Fortuna

842 F.3d 1108 · Court of Appeals for the Ninth Circuit · Nov 22, 2016

Summary Judgment Is Inappropriate The district court granted summary judgment because of qualified immunity. Qualified immunity analysis entails a two-pronged inquiry. Tolan v. Cotton, 134 S. Ct. 1861, 1865 (2014). … Plaintiffs maintain that Officer Soeth violated Newmaker’s clearly established Fourth Amendment rights by using excessive, and ultimately deadly, force.

Reasonover v. St. Louis County

447 F.3d 569 · Court of Appeals for the Eighth Circuit · May 8, 2006

If there is no violation, the officers are entitled to qualified immunity. If there is a violation, we determine "whether the right was clearly established." Id. … We need not reach whether a right was clearly established. 1.