Case law

Sossamon v. Lone Star State of Texas

560 F.3d 316 · Court of Appeals for the Fifth Circuit · Feb 17, 2009

As for the individual-capacity claims for damages under the First Amendment, we note that the defendants who Sossamon sued enjoy qualified immunity as government actors. 76 Whether Sossamon could establish a violation of … Pelletier, 516 U.S. 299, 305-06 , 116 S.Ct.834, 133 L.Ed.2d 773 (1996) ('TUhe qualified immunity defense shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established

Walter E. Garris v. G. F. Rowland, Officer, Fort Worth Police Department, and City of Fort Worth, Texas

678 F.2d 1264 · Court of Appeals for the Fifth Circuit · Jun 24, 1982

These jury findings effectively dispose of the “subjective” prong to the test for qualified immunity. … We find that Officer Rowland is entitled to qualified immunity. AFFIRMED IN PART; REVERSED IN PART. 1 .

Kevin L. Shehee v. Mark H. Luttrell, Individually Jonathan C. Miner, Individually Greg Fleming, Individually Kenny Morgan, Individually Margaret C. Hambrick, Individually Edward L. Crosley, Individually Mark Henry, Individually Michael Robertson, Individually

199 F.3d 295 · Court of Appeals for the Sixth Circuit · Oct 1, 1999

immunity, finding that the law regarding Shehee's First Amendment and Fifth Amendment claims was clearly established. … of clearly established law."

Maldonado v. City of Altus, OK.

433 F.3d 1294 · Court of Appeals for the Tenth Circuit · Jan 11, 2006

“[Gjovernment officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established *1315 … to qualified immunity.

Vaughan v. Cox

316 F.3d 1210 · Court of Appeals for the Eleventh Circuit · Jan 3, 2003

immunity. … Because Vaughan has alleged a constitutional violation and Deputy Cox has asserted a qualified immunity defense, we must conduct a two-part inquiry. 1 Saucier v.

Crooker v. Variale

Court of Appeals for the First Circuit · Nov 8, 1995

Qualified immunity shields government officials performing discretionary functions from liability for civil damages so long as their conduct "does not violate clearly established statutory or constitutional rights of which … First, if the right asserted by the plaintiff was "clearly established" at the time of its alleged violation, we are required to assume that the right was recognized by the defendant official; second, we will deny the immunity

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 .

Henderson v. Simms

Court of Appeals for the Fourth Circuit · Jul 28, 2000

The district court dismissed Appellants' suit on the ground of qualified immunity, reasoning that Appellees did not vio- late Appellants' clearly established constitutional rights under the Fourth or Fourteenth Amendment. … To that end, qualified immunity protects government officials performing discretionary functions from liability for civil damages "insofar as their conduct does not violate clearly established statutory or constitutional

Smith v. County of Lenawee

600 F.3d 686 · Court of Appeals for the Sixth Circuit · Apr 13, 2010

misunderstands the mandates of qualified immunity. … with an appeal from a denial of qualified immunity.

Garcia v. Escalante

Court of Appeals for the Tenth Circuit · Feb 6, 2014

“When a [§ 1983] defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly … Defendants also argue that they are entitled to qualified immunity because the applicable law was not clearly established at the time of Plaintiff’s arrest and prosecution.

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

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.”

Anthony Jones v. Dr. Mary Flannigan and Dr. Vallabhaneni

14 F.3d 604 · Court of Appeals for the Seventh Circuit · Jan 20, 1994

Qualified immunity protects government officials from liability for discretionary conduct if they did not violate "clearly established statutory or constitutional rights of which a reasonable person would have known" at " … This court recently held that these pre-Harper procedures to administer medication involuntarily to prisoners did not violate clearly established constitutional rights, and therefore, state officials were entitled to qualified

Welch v. City of Biddeford Police Dep't

12 F.4th 70 · Court of Appeals for the First Circuit · Aug 27, 2021

immunity defense that the law was not clearly established. … It did not address whether the law was "clearly established" for the purposes of the second part of the qualified immunity inquiry.6 Id. at 91 n.14.

Butler v. Elle

281 F.3d 1014 · Court of Appeals for the Ninth Circuit · Feb 26, 2002

In contrast to qualified immunity, absolute immunity does not require the official to have acted reasonably or in accordance with clearly established law. … immunity question whether the official's alleged conduct violated clearly established law, which is an "essentially legal question."

Kenyon v. Edwards

503 F.3d 722 · Court of Appeals for the Eighth Circuit · May 1, 2007

If the answer is no, [the court grants] qualified immunity. If the answer is yes, [the court goes] on to determine “whether the right was clearly established.” Id. … This is so because “[w]hether an official is entitled to qualified immunity depends upon the ‘objective legal reasonableness’ of the official’s actions ‘assessed in light of the legal rules that were “clearly established”

Nickel v. Woods

229 F. App'x 432 · Court of Appeals for the Ninth Circuit · Mar 28, 2007

Qualified immunity precludes liability, however, unless “a reasonably well-trained officer in [the defendant’s] position would have known that his [application] failed to establish probable cause and that he should not have … Nickel’s claim fails because Woods is entitled to qualified immunity.

Shelly Lal v. State of California

Court of Appeals for the Ninth Circuit · Mar 31, 2014

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer

Wicomico Nursing Home v. Lourdes Padilla

910 F.3d 739 · Court of Appeals for the Fourth Circuit · Dec 6, 2018

Third, a state may waive its Eleventh Amendment immunity. Id. … To establish a violation of either statute, plaintiffs must prove “(1) they have a disability; (2) they are otherwise qualified to receive the benefits of a public service, program, or activity; and (3) they were denied

Norman Berman v. Jackie Young

291 F.3d 976 · Court of Appeals for the Seventh Circuit · Jun 26, 2002

issue was clearly established at the time of the violation. … immunity because the alleged constitutional violation will rarely — if ever — be clearly established.”). 3.