Case law

Judith Cox v. Wa Dept. Social & Health Svcs.

913 F.3d 831 · Court of Appeals for the Ninth Circuit · Jan 10, 2019

The district court granted the defendants’ motion for summary judgment and concluded that the social workers had absolute immunity or, alternatively, qualified immunity from the Coxes’ § 1983 claims. … Qualified Immunity Whether qualified immunity shields the social workers from liability is a closer question.

Burella v. Philadelphia

Court of Appeals for the Third Circuit · Sep 13, 2007

If the court concludes that the defendant’s conduct violated a clearly established right, it must deny the defendant the protection afforded by qualified immunity.9 Id. IV. … immunity because the right was not clearly established at the time of the alleged violation.

96 Cal. Daily Op. Serv. 839, 96 Daily Journal D.A.R. 1369 Tomas Armendariz Rosa C. Armendariz Harry Julian Brown, Jr. Lance A. Bukouskis v. James F. Penman W.R. Holcomb David M. Stachowski Cecil Dillard Kenneth J. Henderson, Tomas Armendariz Rosa C. Armendariz Harry Julian Brown, Jr. Lance A. Bukouskis v. James F. Penman W.R. Holcomb David M. Stachowski Cecil Dillard Kenneth J. Henderson, and Al Boughey Larry Reed, Tomas Armendariz Rosa C. Armendariz v. James F. Penman

75 F.3d 1311 · Court of Appeals for the Ninth Circuit · Feb 7, 1996

immunity because their actions did not violate any clearly established federal constitutional or statutory rights. … The defendants are entitled to qualified immunity only "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.

Ivan Webb v. Town of Saint Joseph

925 F.3d 209 · Court of Appeals for the Fifth Circuit · May 24, 2019

As their § 1983 claim against Mayor Brown in his individual capacity is subject to his qualified immunity defense, they must show that his actions “were objectively unreasonable in light of clearly established law at the … immunity, which requires the Webbs to show “(1) that [he] violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

Roth, Pamela v. King, Rufus

449 F.3d 1272 · Court of Appeals for the D.C. Circuit · Jun 9, 2006

Op. at 7, J.A. 85, making those appellants who helped establish the Family Court panel framework legislatively immune from all forms of relief. … As appellants aptly note, “the invalidity of a takings claim follows a fortiori from [appellees’] failure to establish any entitlement that would qualify as property under the Due Process Clause.

Justice v. Danberg

342 F. App'x 837 · Court of Appeals for the Third Circuit · Aug 17, 2009

The court disagreed, noting that qualified immunity required a two-step analysis: first, whether there was a constitutional violation, and second, whether the constitutional right that was violated was clearly established … qualified immunity.

Billings v. Madison Metropolitan School District

259 F.3d 807 · Court of Appeals for the Seventh Circuit · Aug 2, 2001

Qualified Immunity An official entitled to qualified immunity is not only immune from personal liability but also from suit. See Saucier v. Katz, 121 S. Ct. 2151, 2156 (2001). … Zabel is entitled to qualified immunity.

Safouane v. King County

27 F. App'x 780 · Court of Appeals for the Ninth Circuit · Nov 7, 2001

Fitzgerald, an official is entitled to qualified immunity when his or her conduct does not violate a clearly established statutory or constitutional right of which a reasonable person should have been aware. 4 The Safouanes … ’ right to prohibit a statutorily mandated autopsy 5 was *782 not clearly established.

Lindell v. Pollard

681 F. App'x 518 · Court of Appeals for the Seventh Circuit · Mar 17, 2017

Still, the court concluded, the Waupun defendants have qualified immunity because inmates do not have a clearly established right to sort through contraband or mail it to anyone. … Moreover, we see no reason to muddy the waters with an unnecessary discussion of qualified immunity.

Kathy Dyer v. City of Mesquite Texas

Court of Appeals for the Fifth Circuit · Apr 9, 2020

clearly established law.’” … Turning to prong two of the qualified immunity standard, we ask whether there are genuine disputes of material fact as to whether “the unlawfulness of the [Officers’] conduct was ‘clearly established at the time.’”

Saenz v. Heldenfels Bros.

183 F.3d 389 · Court of Appeals for the Fifth Circuit · Jul 30, 1999

DISCUSSION To prevail on § 1983 claim against a state official performing a discretionary function, and to overcome the qualified immunity defense, a plaintiff must show that the officer violated “clearly … established . . .

Brotherton v. Cleveland

173 F.3d 552 · Court of Appeals for the Sixth Circuit · Apr 14, 1999

Cleveland enjoyed qualified immunity in his personal capacity, see id. at * 3; (2) Dr. … We do not decide whether EBAA enjoys qualified immunity. To the extent that the district court analogized from cases on qualified immunity, it erred.

Ella Bartell v. Loretta Lohiser Gerald Rein Michael Roxberry Lloyd Fett State of Michigan Michigan Family Independence Agency, in the County of Jackson Patricia Kempter Patrick Okoronkwo Lutheran Social Services, of Michigan Frank Van Goethem Woodbridge Behavioral Management Consultants Gerald Miller, Susan Dehnke County of Jackson Woodbridge Psychological Center

215 F.3d 550 · Court of Appeals for the Sixth Circuit · Jun 7, 2000

See Richardson, 521 U.S. at 404 . 15 Qualified immunity protects government officials performing discretionary functions from liability for civil damages "insofar as their conduct does not violate clearly established statutory … established" constitutional or statutory right has been violated; and second, we ascertain whether the official acted objectively unreasonably in light of the clearly established right.

Swiecicki v. Delgado

Court of Appeals for the Sixth Circuit · Sep 15, 2006

The law of qualified immunity We will “review the denial of summary judgment on grounds of qualified immunity de novo because application of this doctrine is a question of law.” McCloud v. … Swiecicki’s First Amendment right to free speech was thus clearly established at the time of Delgado’s actions in question. We therefore reverse the grant of qualified immunity awarded to Delgado on this issue.

Jacqueline Abel v. Harold Miller

904 F.2d 394 · Court of Appeals for the Seventh Circuit · Jun 13, 1990

We held in 1987 that action supported by a retaliatory motive was clearly unlawful in 1980. … Boxford, 836 F.2d 704 (1st Cir.1988), holds to the contrary that claims of absolute and qualified immunity may produce only one appeal between them, so that a defendant whose qualified immunity defense remains under advisement

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.

Milazzo v. O'connell

108 F.3d 129 · Court of Appeals for the Seventh Circuit · Apr 22, 1997

not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … 'clearly established' at the time it was taken, id., at 818 [ 102 S.Ct., at 2738 ]."

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.

Evett v. DETNTFF

330 F.3d 681 · Court of Appeals for the Fifth Circuit · May 12, 2003

Whether Graham is entitled to qualified immunity as a matter of law. 22 Government officials acting within their discretionary authority are immune from civil damages if their conduct does not violate clearly established … First, the plaintiff must allege the violation of a clearly established right.

Patrick Dockery v. Sherrie Blackburn

Court of Appeals for the Seventh Circuit · Dec 19, 2018

Qualified Immunity A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right. Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). … Qualified-immunity analysis usually entails a two-step inquiry: we ask (1) whether the facts alleged or shown by the plaintiff establish a violation of a constitutional right, and (2) if so, whether that right was clearly