Case law

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

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.

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

Reynolds v. Anchorage

Court of Appeals for the Sixth Circuit · Aug 9, 2004

It cannot be said that at that time it not violate clearly established statutory or constitutional was clearly established that Reynolds had a constitutional rights of which a reasonable person would have known.” … As immune unless his actions violated clearly established law.”).

Barbara A. Carbino, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs

168 F.3d 32 · Court of Appeals for the Federal Circuit · Feb 12, 1999

In Elder , the Court held that “appellate review of qualified immunity dispositions is to be conducted in light of all relevant precedents, not simply those cited to, or discovered by, the district court.” … Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (“to defeat qualified immunity, the federal right on which the claim for relief is based ... must be clearly established”) in reaching its holding that cases

Havlish v. Taliban; Aliganga v. Taliban

Court of Appeals for the Second Circuit · Mar 19, 2026

should attach in civil litigation, which clearly belongs to the Judiciary. … should attach … clearly belongs to the Judiciary.”

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

Stanley v. City of Norton

124 F. App'x 305 · Court of Appeals for the Sixth Circuit · Jan 6, 2005

To defeat qualified immunity, the plaintiff must show: 1) that a constitutional right was violated; and 2) that the right was clearly established (whether a reasonable officer would have had fair warning that the acts the … While qualified immunity is an affirmative defense to be asserted by the defendant, the ultimate burden of proof is on the plaintiff to demonstrate that the defendant is not entitled to qualified immunity. Gardenhire v.

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.

Alexander v. City And County Of San Francisco

29 F.3d 1355 · Court of Appeals for the Ninth Circuit · Jul 8, 1994

Qualified immunity 39 Defendants argue that they are entitled to summary judgment based on qualified immunity. … Kitsap County, 931 F.2d 624, 627 (9th Cir.1991) (citations omitted). 42 Defendants argue that they are entitled to qualified immunity because Quade had "no clearly established constitutional or statutory right ... not to

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.

Neil O'Brien v. John Welty

818 F.3d 920 · Court of Appeals for the Ninth Circuit · Apr 7, 2016

Qualified Immunity The district court held that because defendants had not violated any of O’Brien’s constitutional rights, they were necessarily entitled to qualified immunity. … constitutional right; and (2) if so, whether the right was clearly established in light of the specific context of the case.”

Cortez v. Mccauley

438 F.3d 980 · Court of Appeals for the Tenth Circuit · Feb 10, 2006

the defendant qualified immunity "if prior decisions did not clearly establish that the use of that force in those circumstances was constitutionally excessive." … Cortez's clearly established constitutional right to be free from excessive force. 88 In order to overcome the defendants' claim of qualified immunity, Mr. and Ms.

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.

Merrick v. Sattle Police Department

14 F. App'x 957 · Court of Appeals for the Ninth Circuit · Jul 30, 2001

The first question asks whether the right at issue is clearly established. The second question asks whether the officer could have reasonably believed his conduct was lawful. Id. … It is beyond dispute that there is a clearly established right to be free from warrantless arrest where a police officer does not have probable cause to believe a crime has been committed. Floyd v.

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

Ienco v. City of Chicago

286 F.3d 994 · Court of Appeals for the Seventh Circuit · Apr 12, 2002

We must also address whether, at this stage, the officers are entitled to absolute or qualified immunity. … Qualified Immunity 23 Finally, there is the familiar matter of qualified immunity.

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.

Bryan v. MacPherson

608 F.3d 614 · Court of Appeals for the Ninth Circuit · Jun 18, 2010

Did Officer MacPherson Violate Bryan’s Clearly Established Rights? … Two other panels have recently, in cases involving different circumstances, concluded that the law regarding tasers is not sufficiently clearly established to warrant denying officers qualified immunity. Mattos v.

Nicole Schneyder v. Gina Smith

Court of Appeals for the Third Circuit · Jul 29, 2011

III “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … There are two related but distinct inquiries in a qualified immunity case.