Case law

Morgan v. Swanson

627 F.3d 170 · Court of Appeals for the Fifth Circuit · Sep 28, 2011

IV We hold today that the principals are entitled to qualified immunity because clearly established law did not put the constitutionality of their actions beyond debate. … But the Court’s suggestion that generalizations can sometimes clearly establish the law was dicta; the Court did not rest its qualified-immunity decision on such a broad statement.

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.

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.

John v. Younquist

Court of Appeals for the Ninth Circuit · Feb 4, 2008

If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. at 200-01. … Even if a reasonable jury might conclude the officer lacked probable cause, the arrest was not contrary to any clearly established law, so the officer was entitled to qualified immunity from a jury trial.

Edgerly v. City and County of San Francisco

599 F.3d 946 · Court of Appeals for the Ninth Circuit · Mar 19, 2010

We also hold that the Officers are not entitled to qualified immunity for the search as alleged. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

Roy Richard Dittman v. State of California State and Consumer Affairs Agency Medical Board of California Acupuncture Committee and Marilyn Nielsen

191 F.3d 1020 · Court of Appeals for the Ninth Circuit · Sep 14, 1999

A public official, however, is not subject to personal liability if she is entitled to qualified immunity. … legal rules that were ‘clearly established’ at the time it was taken.”

South Carolina State Board of Dentistry v. Federal Trade Commission

455 F.3d 436 · Court of Appeals for the Fourth Circuit · Jun 27, 2006

Fitzgerald, 457 U.S. 731, 742 , 102 S.Ct. 2690 , 73 L.Ed.2d 349 (1982); (2) qualified immunity, Mitchell v. … , as they are, respectively, in all qualified and sovereign immunity cases.

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.

Stinnett v. Fallon County

72 F. App'x 642 · Court of Appeals for the Ninth Circuit · Aug 5, 2003

rights; and (2) those rights were clearly established. … Huntley cannot be held liable for Houtz’ conduct; to survive Huntley’s claim to qualified immunity Stinnett must point to something that Huntley personally did to violate his clearly established federal rights.

James White v. Hezikiah Walker, and Town of Verona, Ms

932 F.2d 1136 · Court of Appeals for the Fifth Circuit · Jun 11, 1991

We reverse the district court’s grant of qualified immunity to the officer, but affirm in all other respects. … the district court's holding that Officer Walker was entitled to qualified immunity as a matter of law.

Crooker v. Metallo

Court of Appeals for the First Circuit · Oct 4, 1993

. ______________ appeal is whether the defendants, parole officers, violated a clearly established constitutional right of which a reasonable person would have known when, in August 1989, they arrested plaintiff Stephen S … In analyzing a claim of qualified immunity, moreover, we are concerned with clearly established constitutional or statutory rights of which a reasonable officer would have known at the time he took action, here, in August

James W. Kerr v. Catherine J. Farrey and Lloyd Lind

95 F.3d 472 · Court of Appeals for the Seventh Circuit · Aug 27, 1996

Qualified Immunity Kerr’s claim for damages against the prison officials leads us directly to the question of qualified immunity, which the prison officials have urged as an alternate ground for affirmance on appeal. … Qualified immunity is available to shield government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

Young v. Murphy

90 F.3d 1225 · Court of Appeals for the Seventh Circuit · Oct 18, 1996

(physician under contract to prison entitled to assert qualified immunity where physician was "performing duties that would otherwise have to be performed by a public official who clearly would have qualified immunity"), … III. 32 If a complaint fails to allege a clearly established constitutional violation against a public official, the defendant is entitled to qualified immunity. Zorzi v.

Noble v. Adams

636 F.3d 525 · Court of Appeals for the Ninth Circuit · Mar 17, 2011

during a lockdown imposed in the aftermath of a prison riot was not “clearly established” in 2002 … This scenario is precisely what the doctrine of qualified immunity is designed to cover.

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."

Berniece A. Shank v. Al Naes Richard Hurley Brian Shea Debbie Redmond and Esther Youngdahl, of the Estate of Glenn A. Youngdahl, Deceased

773 F.2d 1121 · Court of Appeals for the Tenth Circuit · Sep 20, 1985

violate ‘clearly established statutory or constitutional rights’ you must find that defendants were not acting in good faith and are, therefore, not immune. … Plaintiff-appellant’s brief acknowledges Harlow and the basic premise that a qualified (good faith) immunity defense is available if the defendant’s “... conduct does not violate clearly established statutory or *1126 constitutional

Petta v. Rivera

143 F.3d 895 · Court of Appeals for the Fifth Circuit · Jun 9, 1998

Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (1987). 13 We must take care to identify the relevant "clearly established law" at the proper level of generality so that the defense of qualified immunity … Regarding the applicability of qualified immunity, we merely observed that "[u]se of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield

Jay K. Hartley v. Camden R. Fine, Ray S. James, Paul S. McNeill and John T. Russell, Jay K. Hartley v. Camden R. Fine, Ray S. James, Paul S. McNeill and John T. Russell

780 F.2d 1383 · Court of Appeals for the Eighth Circuit · Dec 31, 1985

Russell's assertions of absolute immunity clearly encompassed the lesser degree of qualified immunity as well. … as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Carrie Sama v. Edward Hannigan

Court of Appeals for the Fifth Circuit · Feb 23, 2012

Callahan, we may analyze and resolve this issue under the “clearly established” prong of the qualified immunity test.20 Because Sama did not meet her burden of demonstrating Benoit’s and Hannigan’s conduct was not objectively … Sama had the burden to negate qualified immunity.

Jess Burgess and Marilyn Thompkins v. Louis Lowery

201 F.3d 942 · Court of Appeals for the Seventh Circuit · Feb 24, 2000

established” within the meaning of the cases on immunity. … established, they will have won on immunity, though they will remain subject to being enjoined.