Case law

Nyreekis Jarnell Hunter v. Mike Hale

Court of Appeals for the Eleventh Circuit · May 9, 2019

Qualified immunity shields a government official from liability unless he violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Foy v. … We don’t rely on Glasscox because law can be clearly established for overcoming qualified immunity only if it is established prior to the relevant events, and Hinkle’s death occurred in 2014, four years before Glasscox issued

Motley v. Parks

383 F.3d 1058 · Court of Appeals for the Ninth Circuit · Sep 21, 2004

The Law Was Not Clearly Established That Officers Needed Probable Cause 74 An officer is immune from § 1983 liability if the constitutional violation upon which the claim is based was not "clearly established" at the time … immunity if their actions were not clearly established to be a constitutional violation on March 18, 1999.

Albert J. Sullivan v. Mary Flannigan, Superintendent, and Sam Parwatikar, Psychiatrist

8 F.3d 591 · Court of Appeals for the Seventh Circuit · Nov 1, 1993

“Qualified immunity” shields government officials from liability for discretionary acts that do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … This policy did not violate clearly established constitutional rights, and thus defendants have qualified immunity for their treatment of Sullivan before 1990. Sherman, 987 F.2d at 409 .

Detrice Garmon v. County of Los Angeles

828 F.3d 837 · Court of Appeals for the Ninth Circuit · Jul 5, 2016

The panel held that the prosecutor was absolutely immune for issuing the subpoena and for using the plaintiff’s medical information at trial. She was entitled to qualified immunity, at most, for her declaration. … In determining whether actions of government officials are entitled to absolute immunity, or only subject to qualified immunity, we focus on “the nature of the function performed.” Buckley v.

Belya v. Kapral

59 F.4th 570 · Court of Appeals for the Second Circuit · Feb 8, 2023

Comparison to Qualified Immunity Denial of a church autonomy defense should be an appealable collateral order in light of its strong resemblance to qualified immunity. … denials of qualified immunity cannot be appealed when they turn on facts.

Coleman v. Reed

147 F.3d 751 · Court of Appeals for the Eighth Circuit · Jul 30, 1998

. § 1983 , appeal the district court's denial of their claim of qualified immunity. 2 Because we find that the suit fails to allege that the officials violated a clearly established constitutional right, we reverse. I. … IV. 38 Finally, the majority determined that it need not decide whether the administrators were entitled to qualified immunity because Coleman's suit failed to allege that they had violated a clearly established constitutional

Román v. Oliveras

637 F. App'x 616 · Court of Appeals for the First Circuit · Feb 1, 2016

The Magistrate Judge then addressed the qualified immunity issue. … s failure or refusal to rule on qualified immunity.

Rowley v. McMillan

502 F.2d 1326 · Court of Appeals for the Fourth Circuit · Jul 26, 1974

The Acting Director claimed either an absolute or qualified privilege. … In Scheuer, the Court held that official immunity for executive officers is qualified and dependent upon the discretion and responsibility of the individual officer as viewed in relation to the act in question: [A] qualified

Brush v. Rinne

69 F.3d 547 · Court of Appeals for the Tenth Circuit · Oct 31, 1995

The district court also ruled that defendant Rinne was entitled to qualified immunity because plaintiffs' complaint, accepted as true, did not allege facts which would constitute a violation of a clearly established law. … For this reason, "[u]nless 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."

Demont R.D. Conner v. Theodore Sakai

994 F.2d 1408 · Court of Appeals for the Ninth Circuit · Jun 2, 1993

Under the doctrine of qualified immunity, the issue is whether the right infringed was clearly established at the time of the defendant’s complained-of action, and whether a reasonable official could have believed that his … The right to call witnesses at a disciplinary hearing has been clearly established since Wolff v. McDonnell was decided in 1974.

Chelios v. Heavener

520 F.3d 678 · Court of Appeals for the Seventh Circuit · Mar 21, 2008

Qualified Immunity The doctrine of qualified immunity shields from liability public officials *691 who perform discretionary duties. Belcher v. Norton, 497 F.3d 742, 749 (7th Cir.2007). … A plaintiff may discharge the burden of showing that the constitutional right was clearly established by showing that there is “a clearly analogous case establishing a right to be free from the specific conduct at issue”

Byrd v. Lamb

990 F.3d 879 · Court of Appeals for the Fifth Circuit · Mar 9, 2021

Agent Lamb and the local officers filed motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) raising the defense of qualified immunity. … “Our jurisdiction over qualified immunity appeals extends to ‘elements of the asserted cause of action’ that are ‘directly implicated by the defense of qualified immunity[,]’ including whether to recognize new Bivens

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

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).

Carr v. City of OKC

337 F.3d 1221 · Court of Appeals for the Tenth Circuit · Aug 4, 2003

Officers’ Claim of Qualified Immunity We turn first to the Officers’ appeal from the denial of their Rule 56 motion based on qualified immunity. … In the past some courts addressing the subject of qualified immunity of law enforcement officers, particularly in the context of an alleged unconstitutional use of excessive force, had tended to conflate the qualified immunity

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.