Case law

Top Flight Entertainment, Ltd. v. Schuette

729 F.3d 623 · Court of Appeals for the Sixth Circuit · Sep 6, 2013

However, “[a defendant] cannot claim any personal immunities, such as quasi-judicial or qualified immunity” for the purposes of the suit against him in his official capacity—the only immunity he may assert for the purposes … Further, because we conclude that Schuette is not a proper party to this action, and that Bowen is entitled to quasi-judicial immunity on the basis of Plaintiffs’ waiver of the issue, and because qualified immunity is not

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.

Posr v. Court Officer Shield 207

180 F.3d 409 · Court of Appeals for the Second Circuit · Jun 9, 1999

Qualified immunity under Golino and probable cause under Weyant both involve judgments about reasonableness. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (stating that the defense of qualified immunity does not withstand a finding that the defendant violated a clearly established constitutional right of

Odd v. Malone

538 F.3d 202 · Court of Appeals for the Third Circuit · Aug 4, 2008

A prosecutor bears the “heavy burden” of establishing entitlement to absolute immunity. Light v. Haws, 472 F.3d 74, 80-81 (3d Cir.2007) (quoting Forsyth v. Kleindienst, 599 F.2d 1203, 1212 (3d Cir.1979)). … As to the latter, the Court noted that at common law, prosecutors were absolutely immune from defamation liability for in-court statements but received only qualified immunity for out-of-court statements.

Mustafa, Anna v. City of Chicago

Court of Appeals for the Seventh Circuit · Mar 23, 2006

The defendants were protected by qualified immunity. … Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights that a reason- able person would

Rachael DeMarcus v. University of South Alabama

133 F.4th 1305 · Court of Appeals for the Eleventh Circuit · Apr 10, 2025

“A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indis- tinguishable facts clearly establishing the constitutional right; (2) a broad statement … establish- ing the law for qualified-immunity purposes.

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.

Lynette Christmas v. Harris County, Georgia

Court of Appeals for the Eleventh Circuit · Oct 28, 2022

DISCUSSION “Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … If, however, the official vio- lated the law[,] but his conduct was not clearly established as un- lawful, the court must grant him qualified immunity.

Doe v. Attorney General of the United States

941 F.2d 780 · Court of Appeals for the Ninth Circuit · Aug 1, 1991

legal rules that were ‘clearly established’ at the time it was taken.” … Doe’s clearly established rights under section 504. 29 Accordingly, we affirm the district court’s holding that Agent Held was enti-tied to qualified immunity on Dr. Doe’s section 504 claim.

Meyer v. Fidelity Savings

944 F.2d 562 · Court of Appeals for the Ninth Circuit · Sep 13, 1991

The issue of qualified immunity should not have been submitted to the jury because Pattullo violated no clearly established law. See Schwartzman v. … Valenzuela, 846 F.2d 1209, 1211 (9th Cir.1988) (question of clearly established right is question of law). Thus, any error in the qualified immunity instruction was harmless.

Tobin Don Lemmons, Also Known as Everett Melson v. Law Firm of Morris and Morris Fred v. Monochello and Denise Graham

39 F.3d 264 · Court of Appeals for the Tenth Circuit · Nov 1, 1994

Her position therefore accorded her only qualified immunity. … Qualified immunity shields government officials from suit for damages “insofar *267 as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Mcclendon v. Story County Sheriff's Office

403 F.3d 510 · Court of Appeals for the Eighth Circuit · Apr 4, 2005

Conduct does not violate a clearly established right unless it is "plainly incompetent" or a knowing violation of a clearly established precedent. … City of Barling, 181 F.3d 914 , 917 (8th Cir.1999) ("A law enforcement officer is entitled to qualified immunity from suit for actions that are objectively reasonable in light of clearly established law and the facts known

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

Josiah Haynesworth and Fred Hancock v. Frank P. Miller, Chief, Law Enforcement Section, Office of the Corporation Counsel, (Two Cases)

820 F.2d 1245 · Court of Appeals for the D.C. Circuit · May 29, 1987

If Miller enjoys only qualified immunity for the conduct at issue, then additional pleadings are necessary to evaluate whether he is entitled to protection in this case. 159 Accordingly, if qualified immunity carries the … Qualified immunity protects "‘government officials performing discretionary functions ... insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

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

Southerland Ex Rel. Southerland v. City of New York

681 F.3d 122 · Court of Appeals for the Second Circuit · May 14, 2012

Callahan, 555 U.S. at 237 , 129 S.Ct. 808 , the pertinent qualified immunity inquiry is whether the right was clearly established at the time of the defendant’s actions, see Ashcroft v. al-Kidd, 131 S.Ct. at 2080 ; Walczyk … Thus, even if the right at issue “was clearly established in certain respects,” a state actor “is still entitled to qualified immunity if ‘officers of reasonable competence could disagree’ on the legality of the action at

Joseph Maser v. City of Coralville, IA

139 F.4th 1004 · Court of Appeals for the Eighth Circuit · Jun 13, 2025

An officer is entitled to qualified immunity, shielding him from liability unless: “(1) he violated a constitutional right, and (2) that constitutional right was clearly established so that a reasonable officer would know … Therefore, we agree with the district court that Maser’s constitutional rights were not violated, and we need not reach the clearly established prong.

Fletcher v. Clinton

Court of Appeals for the First Circuit · Nov 8, 1999

Qualified immunity analysis is <br>two-pronged. "First, the court must establish whether the <br>constitutional right asserted by the plaintiff was 'clearly <br>established' at the time of the alleged violation." St. … The charge <br>of escape did not result in a violation of her clearly established <br>constitutional rights, and the officers are, therefore, protected <br>by qualified immunity. <br>C.

Liston v. County of Riverside

120 F.3d 965 · Court of Appeals for the Ninth Circuit · Jul 21, 1997

Executing the warrant Law enforcement officers enjoy qualified immunity from civil damage claims unless their conduct violates “clearly established constitutional rights of which a reasonable person would have known.” … Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Coyne v. Cronin

386 F.3d 280 · Court of Appeals for the First Circuit · Oct 12, 2004

Id. at 120.1 The court then rejected Cronin's claimed entitlement to qualified immunity because the defense applies to conduct that does not violate "clearly established" rights of which a reasonable person would have … This takes us to the nub of the qualified immunity inquiry: whether the operative set of allegations might ground a plausible finding that Cronin violated Coyne's clearly established constitutional rights.