Case law

Keith Forsyth v. Richard G. Kleindienst, Individually and as Attorney General of the United States, L. Patrick Gray, 3rd, Individually and as Acting Director, Federal Bureau of Investigation, John N. Mitchell, Individually and as Former Attorney General of the United States, John Doe and Richard Roe, Albert Cooper and David Porter. Appeal of John N. Mitchell, E. Davis Porter, and Albert Cooper. Katherine W. Burkhart, Judith Chomsky, Eva Gold, Dina Portnoy, Candy Putter, Joshua (Josh) Markel v. William Saxbe, Individually and as Attorney General of the United States, Clarence Kelley, Director, Federal Bureau of Investigation, John N. Mitchell, Individually and as Former Attorney General of the United States, John Doe, and Richard Roe, Appeal of John N. Mitchell, Clarence Kelley, and William Saxbe

599 F.2d 1203 · Court of Appeals for the Third Circuit · May 22, 1979

If he can establish that the law was unsettled, and that he acted without malice, he will prevail on his claim of qualified immunity. See Wood v. … They do not claim a common law immunity from suit. Indeed, they concede the well established rule that federal law enforcement officers are entitled only to qualified, or good faith, immunity.

James Yates v. Kim Davis

Court of Appeals for the Sixth Circuit · Aug 23, 2019

And the doctrine of qualified immunity shields Davis as an individual if she didn’t violate plaintiffs’ right to marry or, if she did, if the right wasn’t clearly established when she acted. … immunity to Davis because she violated clearly established rights.

Gloria L. Spreen v. Allen Brey, Norman Dassow and Thomas Pink

961 F.2d 109 · Court of Appeals for the Seventh Circuit · Apr 1, 1992

established constitutional right of Plaintiff’s, and are therefore entitled to qualified immunity. … The second issue is whether Defendants’ alleged conduct violated Plaintiff’s clearly established constitutional rights; if not, Defendants would be entitled to qualified immunity.

Dellums v. Powell

660 F.2d 802 · Court of Appeals for the D.C. Circuit · Jul 24, 1981

QUALIFIED IMMUNITY OF DEFENDANT POWELL The District Court held that defendant Powell was entitled to only qualified immunity for his actions as Chief of the Capitol Police. 14 As a result, it denied his motion for judgment … A Qualified Immunity Standard Rejection of absolute immunity for defendant Powell’s actions hardly leaves him defenseless. Indeed, a standard of qualified immunity provides a formidable defense.

Calvin G. Wright Jack Critchfield Desert Forest Products, Inc., D/B/A Hutchinson, Carter Company v. U.S. Postal Service

29 F.3d 1426 · Court of Appeals for the Ninth Circuit · Jul 18, 1994

As a general matter, therefore, sovereign immunity does not shield the USPS from the subcontractors’ actions to establish and foreclose equitable liens. See Pearlman v. Reliance Ins. … If a qualifying contractor fails to pay a subcontractor, the subcontractor may sue the surety to recover under the bond. Id. § 270b.

Russell v. Selsky

35 F.3d 55 · Court of Appeals for the Second Circuit · Sep 7, 1994

Second, none of these cases are Second Circuit or Supreme Court cases that would impact decisively upon the qualified immunity question presented by the instant case. … that would deprive McGinnis of qualified immunity.

Wilder v. Turner

490 F.3d 810 · Court of Appeals for the Tenth Circuit · Jun 12, 2007

Officer Turner moved for summary judgment asserting a defense of qualified immunity. … When an officer asserts a defense of qualified immunity, the plaintiff bears a heavy two-part burden. See id. at 1114.

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 .

Allen Justus v. Gary D. Maynard, Warden, and Steve Hargett, Deputy Warden Frank Marks, Chaplain Donald Lankford, Food Supervisor

25 F.3d 1057 · Court of Appeals for the Tenth Circuit · Jun 3, 1994

Toledo, 446 U.S. 635, 640 (1980), once the defendant raises qualified immunity, the burden of proof is on the plaintiff to show that the right allegedly violated was clearly established at the time of the challenged conduct … Schillinger, 761 F.2d 921 (3d Cir.1985), petition to vacate denied, 475 U.S. 1008 , cert. denied, 475 U.S. 1096 (1986). 3 10 In order to be clearly established for purposes of qualified immunity analysis, the law must have

Lowinger v. Broderick

Court of Appeals for the First Circuit · Mar 22, 1995

Summary Judgment and Qualified Immunity B. … immunity is "whether a reasonable official could have believed his actions were lawful in light of clearly established law and the information the official possessed at the time of his allegedly unlawful conduct."

McLaurin v. Cole

46 F. App'x 802 · Court of Appeals for the Sixth Circuit · Sep 5, 2002

When acting in a discretionary role, government officials are entitled to qualified immunity unless them conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known … unreasonable in light of the clearly established constitutional rights.”

Merrick v. Sattle Police Department

14 F. App'x 957 · Court of Appeals for the Ninth Circuit · Jul 30, 2001

The first question asks whether the right at issue is clearly established. The second question asks whether the officer could have reasonably believed his conduct was lawful. Id. … It is beyond dispute that there is a clearly established right to be free from warrantless arrest where a police officer does not have probable cause to believe a crime has been committed. Floyd v.

Morfin v. Albuquerque Public Schools

906 F.2d 1434 · Court of Appeals for the Tenth Circuit · Jun 27, 1990

The district court held that some of the conduct was not protected, and that it was not clearly established at the time that the remainder was protected (and therefore, the defendants acted within their qualified immunity … Public officials are protected by qualified immunity. They are immune unless their conduct violates rights which were “ ‘clearly established’ at the time it was taken.” Anderson v.

Reed v. Clough

694 F. App'x 716 · Court of Appeals for the Eleventh Circuit · Jun 2, 2017

Qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … To survive a motion to dismiss on qualified immunity grounds, the facts alleged in Reed’s complaint must make out a violation of a clearly established constitutional right. Morris v.

Fairley, Roger v. Fermaint, Evan

Court of Appeals for the Seventh Circuit · Mar 19, 2007

No. 06-2411 9 It was clearly established long before the events of which plaintiffs complain that state actors may not assault witnesses in federal litigation. … “[I]f a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Saucier, 533 U.S. at 201. Hosty v.

John Keith Blakely and John Emmett Long v. United States of America

276 F.3d 853 · Court of Appeals for the Sixth Circuit · Jan 11, 2002

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Plaintiffs provide no *872 other basis to conclude that Defendants Reno and Green violated Plaintiffs’ clearly established constitutional rights so as to vitiate Defendants’ qualified immunity. 4.

Gause v. Diguglielmo

339 F. App'x 132 · Court of Appeals for the Third Circuit · Jul 15, 2009

The other question is whether, at the time of the incident, “the [constitutional] right was clearly established,” as measured by a reasonable-officer standard. … We exercise plenary re *134 view over determinations of qualified immunity, Yar ris v.

Greg Hale v. ARcare, Inc

Court of Appeals for the Eighth Circuit · Feb 13, 2026

The Ninth Circuit held that the employees were entitled to § 233(a) immunity because “[t]he statutory text clearly shows that immunity is not tied to whether the tort transpired in caring for the patient. … However, § 233(a) does not reference § 241 in delineating what qualifies as “clinical studies or investigation.”

Cristi Campbell v. April Riahi

109 F.4th 854 · Court of Appeals for the Sixth Circuit · Jul 29, 2024

Riahi counters that she is entitled to qualified immunity on the facts as we must construe them here. … Riahi is therefore entitled to qualified immunity as to the federal claim against her. B.

Victor Caminata v. County of Wexford

664 F. App'x 496 · Court of Appeals for the Sixth Circuit · Nov 17, 2016

Qualified Immunity Qualified immunity shields a government official from liability unless his conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known … To determine whether qualified immunity applies, the court must decide whether Jenkinson’s actions violated Caminata’s constitutional rights, and whether the rights at issue were clearly established at the time of the violation