Case law

Sorey ex rel. Sorey v. Kellett

849 F.2d 960 · Court of Appeals for the Fifth Circuit · Jul 18, 1988

Qualified immunity, the Court held, shared that characteristic of absolute immunity. … The court held that the commissioners were protected by qualified immunity because they had “no role in the roommate selection or supervision of ‘clients’,” but merely exercised discretionary authority over the establishment

Wade Robertson v. Rise Pichon

849 F.3d 1173 · Court of Appeals for the Ninth Circuit · Mar 2, 2017

“The starting point for cases subject to § 2254(d)(1).is to identify the ‘clearly established Federal law, as determined by the Supreme Court of the United States.’” Marshall v. … Clearly established federal law is limited to “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions,” Woods v.

Charles Peter Allison v. Donald N. Snyder, Jr., Mark S. Carich, and Michael L. Holmes

332 F.3d 1076 · Court of Appeals for the Seventh Circuit · Jun 19, 2003

The answer is no; it is not clearly established (indeed, it is not the law) that self-accusatory programs and polygraph machines are forbidden when treating sex offenders. … The three appellants prevail on the merits, without any need for qualified immunity. Reversed.

Wrench Transportation Systems, Inc. v. Bradley

340 F. App'x 812 · Court of Appeals for the Third Circuit · Jul 28, 2009

Because we find that Malone's claim does not establish the deprivation of a Constitutional right, we need not determine whether Kennedy and McMahon are entitled to qualified immunity. See Pearson v. … . -, 129 S.Ct. 808, 815-18 , 172 L.Ed.2d 565 (2009) (upholding the two prongs of qualified immunity analysis — that a plaintiff must show a “violation of a constitutional right” and that the right was "clearly established

Wilson v. Bailey

934 F.2d 301 · Court of Appeals for the Eleventh Circuit · Jun 24, 1991

The district court also granted summary judgment in favor of the Board members in their individual capacity on the basis of qualified immunity. … Officials are entitled to qualified immunity if "a reasonable official could have believed his actions were lawful in light of clearly established law.” Herren v. Bowyer, 850 F.2d 1543, 1545-46 (11th Cir.1988).

Butera v. District of Columbia

235 F.3d 637 · Court of Appeals for the D.C. Circuit · Jan 9, 2001

Alternatively, the District of Columbia contends that the officers are enti- tled to qualified immunity because, even if Eric and Terry Butera could assert substantive due process rights, it was not clearly established … violates a clearly established right.

Tennison v. Sanders

Court of Appeals for the Ninth Circuit · Dec 8, 2008

The Inspectors moved for summary judgment on the basis of absolute and qualified immunity. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Spencer v. Sutterfield

66 F. App'x 569 · Court of Appeals for the Sixth Circuit · May 28, 2003

In actions seeking damages under 42 U.S.C. § 1983 , qualified immunity protects a public official from *573 being sued as long as the official “does not violate clearly established statutory or constitutional rights of which … , if so, whether that constitutional right was so clearly established that a reasonable official would understand that the particular conduct would violate that right.

Julie H. Biggs,plaintiff, and Gerard E. Biggs Holly G. Biggs v. Best, Best & Krieger, a Law Partnership, as an Agency & as City Attorney of Redlands Dallas Homes, Individually & as a Partner of Best, Best & Krieger Anne T. Thomas, Individually & as a Partner of Best, Best & Krieger, and James Foster, Individually & in His Official Capacity as Redlands City Councilmember Swen Larson, Individually & in His Official Capacity as Redlands City Councilmember. Julie H. Biggs,plaintiff, and Gerard E. Biggs Holly G. Biggs v. Best, Best & Krieger, a Law Partnership, as an Agency & as City Attorney of Redlands Dallas Homes, Individually & as a Partner of Best, Best & Krieger Anne T. Thomas, Individually & as a Partner of Best, Best & Krieger, James Foster, Individually & in His Official Capacity as Redlands City Councilmember Swen Larson, Individually & in His Official Capacity as Redlands City Councilmember.

189 F.3d 989 · Court of Appeals for the Ninth Circuit · Aug 30, 1999

The court further held thatthe council defendants would be entitled to qualified immunity because it was not clearly established as of July, 1992, that First Amendment retaliation claims could be based on the firing of an … Finally, we consider de novo a denial of summary judgment based on qualified immunity to the extent that the parties raise the "purely legal" issue of whether the right allegedly violated was clearly established.

Jack R. Harper v. Arden Mays Merckle

638 F.2d 848 · Court of Appeals for the Fifth Circuit · Mar 5, 1981

Moreover, as the facts clearly establish, Harper did not visit Judge Merckle “in his official capacity.” … Instead, we instruct the trial judge to so charge the jury on retrial of this case, providing the defendant asserts the defense of qualified immunity. V.

Burdette v. Butte County

121 F. App'x 701 · Court of Appeals for the Ninth Circuit · Jan 28, 2005

We review the district court’s decision to grant summary judgment on grounds of qualified immunity de novo. … In ruling on qualified immunity, we must consider whether, “taken in the light most favorable to the party asserting the injury, [] the facts alleged show the officer’s conduct violated a constitutional right” that is clearly

Bressi v. Ford

575 F.3d 891 · Court of Appeals for the Ninth Circuit · Aug 4, 2009

We leave to the district court to address in the first instance any claims of qualified immunity that may be asserted by any of the Officers with regard to the roadblock. 2. … It held that, even if the stop was determined to be unlawful and to taint the probable cause for the arrest, this principle was not clearly established law at the time of the arrest.

Chester Russ v. Paul Uppah, Rod Cozzetto, and John R. Enright

972 F.2d 300 · Court of Appeals for the Tenth Circuit · Jul 29, 1992

Thus, Upah is entitled to only qualified immunity for at least some of his actions. … If these allegations were true, qualified immunity would not protect Upah.

Giancola v. West Virginia Department Of Public Safety

830 F.2d 547 · Court of Appeals for the Fourth Circuit · Oct 7, 1987

Qualified immunity shields the officers from awards of damages if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person should have been aware. … While the entities are not entitled to assert a qualified immunity defense, they are not liable under respondeat superior principles.

Janis Brown v. Wichita County

Court of Appeals for the Fifth Circuit · Dec 13, 2012

clearly established law. … The qualified immunity defense has two prongs: whether an official's conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.

Bee v. Greaves

910 F.2d 686 · Court of Appeals for the Tenth Circuit · Aug 2, 1990

Greer asserts in his appeal that he is entitled to qualified immunity because the law on the involuntary medication of persons such as Bee was not clearly established in 1980 when the events at issue took place. … Greer’s motion for qualified immunity.

Elizabeth Hoard, Administratrix of the Estate of Russell A. Hoard Thomas Bentley Vernon Muncy Nancy Wooton Joan Gay Carl Wooton Norman Couch Elias Collett Dean Adams Stevie Caldwell Leslie Huff Martin Muncy Ronnie Huff Ronnie Sizemore Levi Muncy Betty Baker Clyde Conway Vance George Sizemore and Steve Collins v. Onzie Sizemore, in His Individual Capacity as Leslie County Judge/executive, (97-5540), Onzie Sizemore, in His Official Capacity as Leslie County Judge/executive Ruie Caldwell, Individually and in His Official Capacity as Magistrate of Leslie County, Kentucky Billy Sizemore, in His Official Capacity as Magistrate of Leslie County, Kentucky James H. Boggs, Individually and in His Official Capacity as Magistrate of Leslie County, Kentucky William Lewis, Individually and in His Official Capacity As

198 F.3d 205 · Court of Appeals for the Sixth Circuit · Nov 17, 1999

immunity, i.e., whether a given set of facts violates clearly established law." … clearly established law.

Topp v. Wolkowski

Court of Appeals for the First Circuit · Jun 16, 1993

In general, the doctrine of qualified immunity provides that "government officials performing discretionary functions . . . are shielded from liability for civil damages insofar as their conduct does not violate clearly established … of the district court, insofar as it denied the officers' motion for summary judgment on grounds of qualified immunity. -11- 11

Kenneth J. Haugen v. Rochelle Brosseau, Puyallup Police Department the City of Puyallup

339 F.3d 857 · Court of Appeals for the Ninth Circuit · Aug 4, 2003

It held that, even if the shooting constituted excessive force under the Fourth Amendment, Brosseau had not violated a clearly established right and was therefore protected by qualified immunity. … She is not entitled to immunity if the Fourth Amendment right at issue was clearly established. See id.

Weissenberg v. Terhune

17 F. App'x 580 · Court of Appeals for the Ninth Circuit · Aug 23, 2001

We review de novo the district court’s denial of qualified immunity, Robinson v. … were clearly established.