Case law

Dennis Reeves Cooper v. Gordon A. Dillon

403 F.3d 1208 · Court of Appeals for the Eleventh Circuit · Mar 22, 2005

Based on the foregoing, Dillon was eligible for qualified immunity because he was acting under his discretionary authority in enforcing F LA. S TAT. ch. 112.533(4) and its unlawfulness was not clearly established. … Because the statute’s unconstitutionality was not clearly established prior to its 29 enforcement, Dillon is entitled to qualified immunity and therefore is shielded from liability

Cloninger v. Porter

52 F. App'x 333 · Court of Appeals for the Ninth Circuit · Nov 22, 2002

(“Porter”), William Mike Patterson (“Patterson”), and Clark County, Nevada, and the court’s grant of summary judgment on qualified immunity grounds in favor of Porter and Patterson on the § 1983 claims for which they are … We review a district court’s grant of summary judgment and decision regarding qualified immunity de novo. See Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002).

Tyler Land v. Sheriff of Jackson County Florida

85 F.4th 1121 · Court of Appeals for the Eleventh Circuit · Oct 31, 2023

Public officials acting within their discretionary authority enjoy qualified immunity from “civil damages when their conduct does not violate a constitutional right that was clearly established at … The absence of a constitutional violation ends the analy- sis of qualified immunity. See Pearson v.

Cutchin v. Dist. of Columbia

369 F. Supp. 3d 108 · Court of Appeals for the D.C. Circuit · Mar 27, 2019

Here, the defendants are entitled to qualified immunity unless Cutchin shows the violation of a constitutional right and that the right was clearly established at the time of the alleged violation. … "Even if there is a genuine dispute about the reasonableness of an officer's use of force, he is protected by qualified immunity unless his force violated clearly established law." Hedgpeth v.

Carter Ex Rel. Caleb O. v. Lindgren

502 F.3d 26 · Court of Appeals for the First Circuit · Sep 7, 2007

If so, we then ask “whether the right was clearly established” at the time of the violation. Suboh, 298 F.3d at 90. … This court previously has acknowledged “Rhode Island's recognition of a qualified immunity defense under state law analogous to the federal doctrine established by the United States Supreme Court.” Hatch v.

John Doe v. Adam Gray

75 F.4th 710 · Court of Appeals for the Seventh Circuit · Jul 28, 2023

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their con- duct does not violate clearly established statutory or constitu- tional rights of which a reasonable person … Conclusion The defendants are entitled to qualified immunity, as there is no clearly established right to privacy in one’s sexual preference or gender identity during a criminal or child wel- fare investigation.

Missouri Protection & Advocacy Services v. Missouri Department Of Mental Health

447 F.3d 1021 · Court of Appeals for the Eighth Circuit · May 10, 2006

Qualified Immunity and Attorney Fees 15 MOPAS claims Schuffman's decision not to disclose the requested peer review report violated clearly established law, thus DMH and Schuffman are liable under 42 U.S.C. § 1983 . 2 A state … official like Schuffman is protected by qualified immunity from a section 1983 claim "unless [his] alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable person in [

Scott v. Clay Cnty TN

Court of Appeals for the Sixth Circuit · Mar 1, 2000

established right at the time anchored in qualified immunity, for Fed. … Patricia with excessive force and violated Plaintiff’s clearly established rights.

Gary Hudson v. Lt. Harlan Edmonson

848 F.2d 682 · Court of Appeals for the Sixth Circuit · May 24, 1988

Edmonson then moved for reconsideration of the denial of his qualified immunity claim, arguing that since he was entitled to qualified immunity, it was immaterial whether he might be entitled to the even greater protection … Edmonson should have known that such conduct was violative of the prisoner’s clearly established constitutional rights.

Paul Tarashuk v. Alison Harmon

Court of Appeals for the Fourth Circuit · Nov 8, 2022

of material fact barred a ruling on qualified immunity at the summary judgment stage. … Appellants also argued, in the alternative, that they were entitled to qualified immunity because the particular right allegedly violated was not clearly established.

Milazzo v. O'Connell

108 F.3d 129 · Court of Appeals for the Seventh Circuit · Feb 28, 1997

Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights … were ‘clearly established’ at the time it was taken, id., at 818 [ 102 S.Ct., at 2738 ].”

Eileen McAfee v. Christine Boczar

Court of Appeals for the Fourth Circuit · Jan 23, 2014

Qualified immunity serves to protect a government official from liability for civil damages unless the facts alleged show a violation of a clearly established constitutional right … And this constitutional right is clearly established. See Miller v.

Kirstin Johnson v. Kierstie Barr

Court of Appeals for the Ninth Circuit · Aug 18, 2023

the law did not clearly establish that probable cause was lacking. … BARR clearly establish that probable cause was lacking. This reasonable officer standard for qualified immunity differs from the prudent person standard guiding our probable cause for arrest analysis.

Heather Burton v. Patricia Richmond

Court of Appeals for the Eighth Circuit · Jan 11, 2002

The Defendants have argued that qualified immunity bars the entirety of this lawsuit; specifically, contending at the time of the placement in 1985, the law was not clearly established that state caseworkers had a duty to … The Defendants ask this Court to reverse the district court’s denial of qualified immunity and dismiss this action.

Bethesda Lutheran Homes and Services, Inc., Plaintiffs-Appellants/cross-Appellees v. Gerald Born, and Thomas Schleitwiler

238 F.3d 853 · Court of Appeals for the Seventh Circuit · Jan 25, 2001

The district court dismissed the new suit primarily on the ground that the defendants were entitled to a qualified (that is, good-faith) immunity from a suit for damages, as no rule of law that was clearly established when … immunity.

Drendolyn Sims v. Mike Stanton

Court of Appeals for the Ninth Circuit · Jan 16, 2013

Qualified Immunity In a claim for civil damages under § 1983, to avoid the bar of qualified immunity, the plaintiff must show that the officer violated a constitutional right and that the right was “clearly established … That Welsh leaves open the possibility for a “rare” exception to this rule does not mean that the rule was not clearly established at the time and does not change our qualified immunity analysis.

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

Ellis v. Coffee County Board of Registrars

981 F.2d 1185 · Court of Appeals for the Eleventh Circuit · Jan 12, 1993

The district court also denied summary judgment to the county attorney on qualified immunity. … This court has established that “[l]ocal legislators are entitled to legislative immunity in this Circuit.” Executive 100, Inc. v.

Habhab v. Hon

536 F.3d 963 · Court of Appeals for the Eighth Circuit · Aug 7, 2008

The district court also correctly found the state defendants were entitled *969 to qualified immunity. … “In addressing an officer’s claimed entitlement to qualified immunity, the court must first determine whether the allegations amount to a constitutional violation, and then, whether that right was clearly established.”

Walton v. City of Verona

82 F.4th 314 · Court of Appeals for the Fifth Circuit · Sep 13, 2023

And while we may review the denial of claims of qualified immunity under the collateral-order doctrine, the doctrine does not encompass orders granting qualified immunity. … Elizondo, 671 F.3d at 509 (noting that denials of qualified immunity are immediately appealable but “the same does not hold for an order granting qualified immunity”).