Case law

Auriemma v. Rice

910 F.2d 1449 · Court of Appeals for the Seventh Circuit · Aug 20, 1990

He concluded that it was clearly established based upon objective criteria, that a public official could not use race for making employment determinations and therefore denied qualified immunity. … But in any event it cannot be said that the law was clearly established in 1983. Rice is entitled to qualified immunity on count IV, thus requiring reversal on that count.

Thomas Winslow v. Richard Smith

Court of Appeals for the Eighth Circuit · Oct 15, 2012

Qualified Immunity At the heart of their appeal, Taylor, Winslow, Dean, and Gonzalez argue the district court erred in holding that Defendants did not violate clearly established Fourteenth Amendment due process rights … “Qualified immunity shields government officials from [personal] liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would

Doe v. District of Columbia

796 F.3d 96 · Court of Appeals for the D.C. Circuit · Aug 11, 2015

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … “To overcome a claim of qualified immunity, plaintiffs must show both [1] that an official ‘violated a constitutional right’ and [2] that ‘the right was clearly established’ at the time of the violation.” Johnson v.

Donald Gaddis v. Bryan J. DeMattei

30 F.4th 625 · Court of Appeals for the Seventh Circuit · Apr 1, 2022

Gaddis must make two showings to overcome the officers’ assertion of qualified immunity. … Layne, 526 U.S. 603, 617–18 (1999) (affirming that government officials were entitled to qualified immunity where no “controlling authority in their jurisdiction” clearly established the rule on which the petitioners sought

Alhovsky v. Paul

406 F. App'x 535 · Court of Appeals for the Second Circuit · Jan 19, 2011

For those claims, the dis *536 trict court held that the arresting officers were entitled to qualified immunity under federal and state law. … “Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it

Holloway v. Conger

896 F.2d 1131 · Court of Appeals for the Eighth Circuit · Feb 23, 1990

A government official, however, is entitled to qualified immunity when sued personally, unless he has violated clearly established statutory or constitutional rights of which a reasonable person would have known. … Qualified immunity provides officials sued in their individual capacities with an immunity from suit, rather than a mere defense to liability. Mitchell v.

John Sinclair Lawrence Plamondon and John Forrest Waterhouse, Plaintiffs v. Kenneth Schriber James Sullivan, and Charles Wagner

834 F.2d 103 · Court of Appeals for the Sixth Circuit · Feb 16, 1988

“Unless the plaintiff’s allegations state a claim of violation of clearly established law,” as the Supreme Court has told us very plainly, “a defendant pleading qualified immunity is entitled to dismissal before the commencement … “[A] defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery,” it will be recalled, “[ujnless the plaintiff’s allegations state a claim of violation of clearly established law_”

Clarence Roy v. City of Monroe

Court of Appeals for the Fifth Circuit · Feb 14, 2020

Indeed, Roy has done no more than cross-reference the qualified-immunity section of his brief: “[f]or the reasons set forth above, the [second] District Court Judge erred in granting Booth qualified immunity, [so] Roy’s as-applied … We next examine whether the district court erred by holding that Booth is entitled to qualified immunity and, in the process, consider the scope of Roy’s appeal, the nature of Roy’s claim, the clearly established law applicable

Audio Odyssey, Ltd. v. Brenton First National Bank

245 F.3d 721 · Court of Appeals for the Eighth Circuit · Apr 6, 2001

“In resolving a case in which the defense of qualified immunity has been raised, this Court must determine whether the appellees asserted a violation of a federal right, whether that right was clearly established, and whether … Any immunity that might apply would be no broader than the qualified immunity accorded public officials.

Bilbrey ex rel. Bilbrey v. Brown

738 F.2d 1462 · Court of Appeals for the Ninth Circuit · Aug 2, 1984

Appellants are entitled to judgment that appellees’ conduct did not qualify for immunity. … ■clearly established statutory or constitutional rights of which a reasonable person would have known.

Jonathan Capp v. County of San Diego

936 F.3d 899 · Court of Appeals for the Ninth Circuit · Aug 30, 2019

Clearly Established Having determined that Plaintiffs plead a plausible First Amendment retaliation claim, we now move to the second prong of the qualified immunity analysis: whether “the right at issue was ‘clearly … We conclude that Plaintiffs have sufficiently pleaded a violation of their clearly established First Amendment rights, and that Firth is therefore not entitled to qualified immunity.

Jaclyn Currie v. Jogendra Chhabra

728 F.3d 626 · Court of Appeals for the Seventh Circuit · Aug 20, 2013

As for qualified  immunity  in  particular,  even  though  ideally  an  immunity  defense should be resolved at the earliest stage possible, Ta‐ mayo v.  … Mar.  27,  2013)  (private  medical  employees  failed to establish that they are entitled to assert a qualified  immunity  defense,  “even  after  Filarsky”). 

Marcia Harding, in Her Official Capacity as Acting Associate Director, Special Education and Individually Mike Crowley, in His Official Capacity as Administrator for Special Education Monitoring and Technical Assistance and Individually, Williford School District 39, Its Superintendent and Board, Respectively Bruce Evans, in His Official and Individual Capacities Clinton Madison, in His Official and Individual Capacities Rodney Despain, in His Official and Individual Capacities Jeff Goings, in His Official and Individual Capacities Don Coggins, in His Official and Individual Capacities Eddie Gray, in His Official and Individual Capacities

301 F.3d 952 · Court of Appeals for the Eighth Circuit · Aug 30, 2002

"If no ... right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id. … In other words, "[i]f the law did not put [the defendant] on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate." Saucier v.

Sandra Roberts v. Jason Spielman

Court of Appeals for the Eleventh Circuit · Jun 14, 2011

Deputy Spielman moved for summary judgment based on qualified immunity. … BACKGROUND FACTS “We review de novo the denial of a motion for summary judgment based on qualified immunity.” Jean-Baptiste v. Gutierrez, 627 F.3d 816, 820 (11th Cir. 2010).

Cox v. Roskelley

359 F.3d 1105 · Court of Appeals for the Ninth Circuit · Feb 20, 2004

clearly established constitutional norms. … However, the "clearly established" prong of the qualified immunity inquiry should not be written out of existence entirely.

Ramirez v. City of Buena Park

Court of Appeals for the Ninth Circuit · Mar 25, 2009

BUENA PARK 3807 established, there is no necessity for further inquiries concern- ing qualified immunity.” Saucier, 533 U.S. at 201. … Under Saucier’s second prong, we ask “whether the right was clearly established.” Id.

Sammye R. Holloway v. State of Ohio Ohio Department of Human Services Sally Brush Clermont County, Ohio

179 F.3d 431 · Court of Appeals for the Sixth Circuit · Jun 3, 1999

"[T]he actions of a prosecutor are not absolutely immune merely because they are performed by a prosecutor. Qualified immunity represents the norm.... … Even if such motivations could legitimate Brush's actions, it would be through qualified immunity, not absolute immunity, and she has not claimed qualified immunity.

Brenda Thornton v. Equifax, Inc., a Georgia Corporation

619 F.2d 700 · Court of Appeals for the Eighth Circuit · Apr 1, 1980

Such an exception was not meant to lessen the standard necessary to overcome this qualified immunity in defamation actions. … Equifax by its disclosure is entitled to qualified immunity subject to the proof required by the statute.

Dawn Ball v. Famiglio

726 F.3d 448 · Court of Appeals for the Third Circuit · Aug 9, 2013

qualifies as a PLRA strike. … immune – and to clearly state frivolousness as the reason for the dismissal.

Ronald Olson v. Champaign County, Illinois

784 F.3d 1093 · Court of Appeals for the Seventh Circuit · Apr 30, 2015

At  this  stage  of  the proceedings,  Sherrick and Shaw are not  entitled  to qualified immunity, and Ziegler is not entitled to absolute  immunity or qualified immunity.  A. … Fitzgerald,  457  U.S.  800,  818–19  (1982)  (holding  that  officials  who  act  objectively  reasonably,  by  reference  to  clearly  established  law,  are  entitled  to  quali‐ fied immunity).