Case law

Taylor v. Waters

Court of Appeals for the Fourth Circuit · Apr 10, 1996

A government official is entitled to qualified immunity from civil damages for performing discretionary functions when his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Briggs, 475 U.S. 335, 341 (1986) (Qualified immunity protects "all but the plainly incompetent or those who knowingly violate the law.").

Neftali Monzon v. City of Murrieta

966 F.3d 946 · Court of Appeals for the Ninth Circuit · Jul 22, 2020

If they did not violate a constitutional right that was clearly established at the time of the events at issue in this case, then the “doctrine of qualified immunity protects” them “from liability for civil damages.” … And it weighs in favor of qualified immunity.

Kenrick Christopher v. State of Florida

449 F.3d 1360 · Court of Appeals for the Eleventh Circuit · May 26, 2006

McWhorter, 906 F.2d at 677 ; See Fed.R.Civ.P. 61 (setting out substantial justice standard). 4 Plaintiffs counsel argues the quoted portion of its closing argument did not clearly violate the qualified immunity order, because … But the district court had already granted Defendants qualified immunity for this conduct, ruling that it *1367 was not clearly excessive. 6 As the case was to be tried, given the district court order, Defendants could only

Monfils v. Taylor

165 F.3d 511 · Court of Appeals for the Seventh Circuit · Jan 28, 1999

It is consolidated with Taylor's appeal from the denial of his motion for qualified immunity. … Accordingly, the issue before us is a legal one: whether Taylor's conduct violates a constitutional right which was clearly established in 1992.

Norvis Harmon v. Dallas County, Texas

Court of Appeals for the Fifth Circuit · Jul 9, 2019

Next, he argues the district court erred in granting Evans qualified immunity on his First Amendment retaliation claim because his right to engage in the speech at issue was clearly established at the time of his termination … After ordering supplemental briefing on this point, the district court held that the law regarding Harmon’s speech was not clearly established at the time of his termination and thus Evans was entitled to qualified immunity

McMillian v. Johnson

101 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Dec 3, 1996

I write separately to address broader issues relating to qualified immunity. At a recent Eleventh Circuit Judges’ Workshop, a speaker remarked that “Keeping up with qualified immunity law is a full-time job.” … claims are to be considered during the course of a qualified immunity analysis.

Amaechi v. West

Court of Appeals for the Fourth Circuit · Jan 9, 2001

The district court denied West’s motion for summary judgment based upon a defense of qualified immunity, rea- soning that West’s search, as described by Amaechi, violated Amaechi’s clearly established constitutional rights … To that end, qualified immunity protects government officials performing dis- cretionary functions from liability for civil damages "insofar as their conduct does not violate clearly established statutory or constitutional

Robert Lickiss v. Mary Drexler, Formerly the Sheriff of Tazewell County, and Ralph Hodgson, Sheriff of Tazewell County

141 F.3d 1220 · Court of Appeals for the Seventh Circuit · Jun 30, 1998

“Because qualified immunity is immunity from suit, not merely a defense to liability, and effectively is lost if a case erroneously is permitted to go to trial, the denial of qualified immunity is a final appealable order … Therefore his clearly established due process rights were denied. Muscare v. Quinn, 520 F.2d 1212 (7th Cir.1975). The balancing test of Pickering v.

Jason B. Nicholas v. Thomas J. Miller

189 F.3d 191 · Court of Appeals for the Second Circuit · Aug 13, 1999

Defendants are indeed entitled to qualified immunity, because the First Amendment right of association to form an inmate legal services organization was not clearly established at the time permission to form the Center was … denied. 19 Three questions must be answered in determining whether a right was clearly established at the time defendants acted such that defendants would not be entitled to the defense of qualified immunity: "whether the

Bishop Paiute Tribe v. County Of Inyo

291 F.3d 549 · Court of Appeals for the Ninth Circuit · Jan 4, 2002

Finally, we find that neither the District Attorney nor the Sheriff is entitled to qualified immunity because they violated clearly established law by executing a warrant outside of their jurisdiction. … On review of a denial of a motion to dismiss based on qualified immunity, we have jurisdiction only to decide if defendant's conduct violated clearly established constitutional rights. Pelletier v.

Briscoe-King v. Terhune

43 F. App'x 45 · Court of Appeals for the Ninth Circuit · Jul 26, 2002

If a violation is made out, we ask if the right was clearly established. Id. … Taken in the light most favorable to Briscoe-King, the facts here fail to establish entitlement to qualified immunity. AFFIRMED. .

Neil Grenning v. Maggie Miller-Stout

739 F.3d 1235 · Court of Appeals for the Ninth Circuit · Jan 16, 2014

Qualified Immunity The district court did not consider the question of qualified immunity because it granted summary judgment to Defendants on the merits. … However, before denying qualified immunity to prison officials, we must determine whether the party asserting the injury has sufficiently alleged a constitutional violation, and whether the right violated was clearly established

Rafael Cendan v. Officer Jose Trujillo

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

Second, they argue that they did not violate clearly established law of which a reasonable officer would have been aware. … Accordingly, the district court properly denied qualified immunity. AFFIRMED. 6

Zalaski v. City of Hartford

Court of Appeals for the Second Circuit · Jul 23, 2013

Qualified immunity shields law enforcement officers from § 1983 claims for money damages provided that their conduct does not violate clearly established constitutional rights of which a reasonable person would have been … Thus, even if a right is clearly established in certain respects, qualified immunity will still shield an officer from liability if “officers of reasonable competence could disagree” on the legality

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 . … , entitling them to qualified or good faith immunity.

Ronald S. Burgo v. Edwin T. Shimoda

5 F.3d 535 · Court of Appeals for the Ninth Circuit · Aug 18, 1993

indifference." 10 Qualified immunity protects government officials who perform discretionary functions from liability for damages if their conduct does not violate clearly established statutory or constitutional rights of … This decision does not affect our determination of whether Burgo had a clearly established right at the time of the alleged violation, for purposes of Shimoda's claim of qualified immunity. See Anderson v.

Leach v. Lowe

212 F. App'x 587 · Court of Appeals for the Ninth Circuit · Nov 8, 2006

We affirm in part, vacate in part, and remand for further consideration of whether the constitutional right at issue was clearly established for qualified immunity purposes. … “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Saucier, 533 U.S. at 202, 121 S.Ct. 2151 .

Sligh v. City of Conroe

Court of Appeals for the Fifth Circuit · Nov 29, 2023

To overcome Sutton’s qualified immunity defense, Sligh must show (1) that Sutton violated a constitutional right; and (2) that the right at issue was “clearly established” at the time of the alleged misconduct. … To overcome Montes’s qualified immunity defense, Sligh must identify law clearly establishing that Montes’s actions violated her constitutional rights, i.e., she must show that “any reasonable officer would have known that

Brennan v. Stewart

834 F.2d 1248 · Court of Appeals for the Fifth Circuit · Jan 7, 1988

Brennan's federal rights, and that even if they had, they were entitled to qualified immunity because they had not violated any clearly established rights. Mr. … The suit was clearly against the state and not against its officials in their individual capacities: the court made no mention of qualified immunity, the customary burning issue in individual capacity cases; and the plaintiff's