Case law

Randall R. Bradford v. Mike Huckabee

394 F.3d 1012 · Court of Appeals for the Eighth Circuit · Jan 10, 2005

the qualified immunity issue. … Discussion Qualified immunity protects public officials from § 1983 damage actions if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Sally Ness v. City of Bloomington

11 F.4th 914 · Court of Appeals for the Eighth Circuit · Sep 2, 2021

The district court dismissed the claim on the ground that the officers are entitled to qualified immunity. … When defendants assert that they are entitled to qualified immunity from a civil damages suit brought under 42 U.S.C. § 1983, the plaintiff must show that the defendants violated a constitutional right that was “clearly established

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.

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.”

Howell v. Burden

12 F.3d 190 · Court of Appeals for the Eleventh Circuit · Jan 21, 1994

the close of evidence, the district court granted Burden’s Rule 50 motion for judgment as a matter' of law. 1 THE FIRST APPEAL In the first appeal we addressed the issue of qualified immunity for Burden: The issue'of qualified … We held that it was clearly established in 1984 that an official’s denial of or delay in obtaining proper treatment could constitute deliberate indifference. Id.

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.

Thompson, Beverly v. Wagner, David E.

Court of Appeals for the Seventh Circuit · Feb 13, 2003

Qualified immunity shields police officers from liability for civil damages insofar as their conduct does not vio- late “clearly established statutory or constitutional rights of which a reasonable person would have known … light of the facts and circumstances within the officers’ knowledge and clearly established law, Mrs.

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.

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.

George H. Robinson v. Kingston W. Prunty

249 F.3d 862 · Court of Appeals for the Ninth Circuit · May 7, 2001

established' law." … "In order to determine whether an official is entitled to qualified immunity, a court must (1) identify the right allegedly violated, (2) determine whether the right was`clearly established,' and (3) determine whether a reasonable

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.

Hall v. Ekpe

408 F. App'x 385 · Court of Appeals for the Second Circuit · Oct 13, 2010

Allen, 502 F.3d 1255, 1275 (11th Cir.2007) (same), as well as defendants’ ability to claim qualified immunity under RLUIPA, see Redd v. … To the extent Hall sues defendants in their individual capacities, defendants would, in any event, be entitled to summary judgment on the ground of qualified immunity because, although it was clearly established at the time