Case law

McDonald v. Wise

769 F.3d 1202 · Court of Appeals for the Tenth Circuit · Oct 28, 2014

The doctrine of qualified immunity shields government officials from liability, however, when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … She is therefore entitled to qualified immunity.

James Russell Stevens v. Opal Gay, Larry Hightower and Jerry Thomas, James Russell Stevens v. Opal Gay, Larry Hightower and Jerry Thomas

792 F.2d 1000 · Court of Appeals for the Eleventh Circuit · Jun 27, 1986

The court denied plaintiff’s motion to strike the qualified immunity defense. … Which of the defendants, if any, have succeeded in establishing the defense of their qualified immunity? Fill in the appropriate name(s): Opal Gay_ Larry Hightower_ 4.

Shames v. California Travel & Tourism Commission

607 F.3d 611 · Court of Appeals for the Ninth Circuit · Jun 8, 2010

The Court established a two-pronged test to determine when state involvement in anticompetitive conduct can render a party eligible for immunity: (1) the challenged restraint must be “one clearly articulated and affirmatively … We held that the companies’ actions did not qualify for state action immunity because the OPUC “did not specifically and clearly authorize[ ] by the relevant statutory process” their anticompetitive conduct.

No. 94-5284

55 F.3d 1123 · Court of Appeals for the Sixth Circuit · May 31, 1995

The primary question in such qualified immunity cases is whether the plaintiff has pointed to facts stating that the defendants violated her "clearly established rights." Anderson v. … Thus, the defendants did not violate the plaintiff's clearly established federal rights, and therefore they have qualified immunity from plaintiff's Sec. 1983 claims.

Steven A. Kurowski and David H. Nicholls v. James J. Krajewski, Individually and in His Capacity as Judge of the Lake County Court, Division III

848 F.2d 767 · Court of Appeals for the Seventh Circuit · Jun 2, 1988

Krajewski contends that even if Branti clearly established the constitutional right in question, a judge acting in December 1985 could not reasonably have predicted that he would be held liable for such an act. … The argument runs: In December 1985 a reasonable person might have predicted that a judge would be immune from damages for firing a public defender; therefore “the law” in 1985 had not clearly established that judges could

Ryan Crostley v. Lamar County Texas

717 F.3d 410 · Court of Appeals for the Fifth Circuit · May 29, 2013

Brooks and McNeal each filed motions for summary judgment, asserting qualified immunity. … Analysis Qualified immunity protects government officials from liability for civil damages to the extent that their conduct is objectively reasonable in light of clearly established law. Harlow v.

Williams v. Bass

63 F.3d 483 · Court of Appeals for the Sixth Circuit · Aug 29, 1995

Defendants are entitled to qualified immunity unless the plaintiff's rights were so clearly established at the time the acts were committed that officials in the defendants' position, measured objectively, would have clearly … The district court properly applied this standard in deciding the defendants are entitled to qualified immunity.

Tamez v. City of San Marcos, Tex.

62 F.3d 123 · Court of Appeals for the Fifth Circuit · Aug 23, 1995

"Appealability under 28 U.S.C. § 1291 ... is clearly a matter of federal law; state procedural law is not directly controlling." Sorey, 849 F.2d at 962; accord Budinich v. … We look to state procedural rules "for what they reveal about the state's view on the substantive issue of whether qualified immunity is an immunity from suit or merely a defense to liability," Sorey, 849 F.2d at 962, because

Bobby Bland v. B. Roberts

Court of Appeals for the Fourth Circuit · Sep 23, 2013

“Qualified immunity protects government officials from civil damages in a § 1983 action insofar as their conduct does not violate clearly established statutory or constitutional rights of … In determining whether a defendant is entitled to qualified immunity, a court must decide (1) whether the defendant has violated a constitutional right of the plaintiff and (2) whether that right was clearly established

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.

Willie Brown and Anna Dunlap v. City of Belen, Sergeant Mike Chavez, City of Belen Police Officer

141 F.3d 1184 · Court of Appeals for the Tenth Circuit · Mar 16, 1998

The plaintiff must instead demonstrate a substantial correspondence between the conduct in question and prior law allegedly establishing that the defendant's actions were clearly prohibited. … established rights of the plaintiffs. 23 Under Anderson, Sergeant Chavez, a government official performing discretionary functions, had qualified immunity, shielding him from an action of the present type, as long as his

Clyde Weiler v. James Purkett Leah Embly

104 F.3d 149 · Court of Appeals for the Eighth Circuit · Mar 14, 1997

Qualified Immunity The defendants claim that they are entitled to qualified immunity. … The defendants are clearly entitled to .qualified immunity. III.

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

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.

Edwards v. Baer

863 F.2d 606 · Court of Appeals for the Eighth Circuit · Jan 13, 1989

This standard is simply concerned with whether the official knew or reasonably should have known that his or her conduct violated a clearly established constitutional right. Harlow v. … Creighton clearly distinguishes the issues of the existence of probable cause and the officer's entitlement to qualified immunity. 107 S.Ct. at 3039 .

Inez Sales v. Grant

224 F.3d 293 · Court of Appeals for the Fourth Circuit · Aug 16, 2000

A defendant may first raise a qualified immunity defense at the pleadings stage in a motion to dismiss, and "unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified … : 33 "Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

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

Ybarra v. Reno Thunderbird Mobile Home Village

723 F.2d 675 · Court of Appeals for the Ninth Circuit · Jan 10, 1984

He also contends that a genuine issue of .material fact exists as to whether Malloy is entitled to even qualified immunity. … He argues that Malloy is entitled to only qualified immunity because the release of the mobile home was not a quasi-judicial act.

97 Cal. Daily Op. Serv. 1679, 97 Daily Journal D.A.R. 3149 Herman J. Blueford v. K.W. Prunty, Warden K. Daniels B.H. Moses C. Basilio M.E. Bourland, Correctional Officer II at Calipatria State Prison Arnold Trujillo

108 F.3d 251 · Court of Appeals for the Ninth Circuit · Mar 6, 1997

If not, he is not entitled to qualified immunity. … (finding no qualified immunity where cases "clearly" set out the premises of a particular clearly established right). 16 However, government officials are "not charged with predicting the future course of constitutional law

Streufert v. City of Ft. Collins, Colo.

982 F.2d 530 · Court of Appeals for the Tenth Circuit · Dec 9, 1992

When a defendant asserts the defense of qualified immunity, the plaintiff must establish that the defendant "violated 'clearly established statutory or constitutional rights of which a reasonable person would have known.' … Schwarz, 948 F.2d 1131, 1136 (10th Cir.1991). 5 The defendant is entitled to qualified immunity if a reasonable police officer could have believed, in light of clearly established law and the information possessed by him