Case law

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.

Anne W. Walker v. Honorable Ed Jones, Congressman of the United States

733 F.2d 923 · Court of Appeals for the D.C. Circuit · May 1, 1984

Members of Congress may assert the same qualified immunity available to executive officials; officials can prevail on this ground if they establish that “their conduct [did] not violate clearly established statutory or constitutional … established constitutional right.

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 ]."

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

Carr v. Deeds

453 F.3d 593 · Court of Appeals for the Fourth Circuit · Jul 12, 2006

Under the doctrine of qualified immunity, police officers perform- ing their discretionary duties "are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Accordingly, absent any evidence negating the threat, Deeds would clearly be entitled to qualified immunity for his use of deadly force. C.

Leland Patzner v. Joyce Burkett A/K/A Joyce McLaughlin Deborah Myerchin and Stutsman County, North Dakota, a Political Subdivision

779 F.2d 1363 · Court of Appeals for the Eighth Circuit · Dec 26, 1985

challenges the district court’s conclusion that the deputies were shielded by qualified immunity from liability for making the warrantless arrest. … The district court did not reach this issue, since it ruled the deputies immune from suit for *1368 the arrest under the doctrine of qualified immunity. We discuss the immunity issue infra. 6 .

Whitaker v. Garcetti

486 F.3d 572 · Court of Appeals for the Ninth Circuit · May 9, 2007

The court ruled that “Defendants are undoubtedly entitled to qualified immunity on this claim, since [the district court’s] constitutional holding obviously was not ‘clearly established’ at the time of the activity.” … “Qualified immunity is ‘an entitle- ment not to stand trial or face the other burdens of litigation.’ The privilege is ‘an immunity from suit rather than a mere defense to liability.’ ” Saucier v.

Buckner v. Hollins

983 F.2d 119 · Court of Appeals for the Eighth Circuit · Jan 6, 1993

Veltrop moved for summary judgment on both the merits of the claim and on the basis of his asserted qualified immunity. … We agree and affirm the district court’s denial of summary judgment on grounds of qualified immunity.

Turek v. Saluga

47 F. App'x 746 · Court of Appeals for the Sixth Circuit · Sep 24, 2002

Qualified Immunity for Excessive Force in Handcuffing We review de novo an interlocutory appeal of a denial of summary judgment predicated on a claim of qualified immunity. Mattox v. … best, show a violation of clearly established law.”)

Smith ex rel. Smith v. Nixon

807 F.2d 197 · Court of Appeals for the D.C. Circuit · Dec 5, 1986

In Halperin II, 807 F.2d at 188, we held that objective reasonableness of national security motivation is all that need be established to sustain that element of the qualified immunity defense consisting of the contention … There is no dispute that the challenged wiretap was illegal (albeit not in violation of clearly established law). See United States v.

Douglas Laverne Adams v. David Brierton

752 F.2d 546 · Court of Appeals for the Eleventh Circuit · Feb 4, 1985

immunity. … Under the particular facts of this case, the prison officials could not have known that they were violating “clearly established statutory or constitutional rights” of the inmate.

Hussein v. City of Perrysburg

617 F.3d 828 · Court of Appeals for the Sixth Circuit · Aug 20, 2010

After concluding that the rights at issue were clearly established, the court denied Klag and Thielen’s contention that they were entitled to qualified immunity. Id. at 856-57. … Klag and Thielen now appeal, arguing that they are entitled to qualified immunity because their actions did not violate the Husseins’ due process rights.

Tarla Makaeff v. Trump University, LLC

736 F.3d 1180 · Court of Appeals for the Ninth Circuit · Nov 27, 2013

a particular constitutional right was clearly established at the time of the alleged governmental misconduct. … Fitzgerald, 457 U.S. 800 (1982), courts must determine whether the law the defendant allegedly violated was “clearly established.” Id. at 818.

Silver v. Baggiano

804 F.2d 1211 · Court of Appeals for the Eleventh Circuit · Nov 24, 1986

Thus, removal by state officials of a suit containing state law claims to federal court does not amount to waiver of Eleventh Amendment immunity unless those state officials are authorized to waive such immunity. … Inasmuch as States may, under title XIX, set certain standards for the provision of care, and may establish rates for payment, it is possible that some providers of service may still not be willing or considered qualified

Russell v. Devereaux

389 F. App'x 557 · Court of Appeals for the Seventh Circuit · Aug 5, 2010

Thus, the trial court concluded that the defendants’s search of Russell's vehicle was lawful and they are entitled to qualified immunity. … We review de novo the question of qualified immunity; as the parties have framed it, that question is whether the officers violated Russell’s “clearly established” right not to be arrested without probable cause.

Surgical Care Center of Hammond v. Hospital Service District No. 1 of Tangipahoa Parish

171 F.3d 231 · Court of Appeals for the Fifth Circuit · Mar 24, 1999

Stat. §§ 45:1051 et seq., which establishes the hospital service districts as political subdivisions of the State of Louisiana. See id. § 46:1064(A). … Strictly speaking, then, Parker immunity is an inapt description, for its parentage differs from the qualified and absolute immunities of public officials.

Evans v. McKay

869 F.2d 1341 · Court of Appeals for the Ninth Circuit · Mar 16, 1989

The police officers also argue that they are entitled to a qualified immunity from liability for damages for deprivation of an individual’s civil rights. See Procunier v. … Because answers have not yet been filed in this case, the issue of qualified immunity was not raised or decided below. We decline to reach it for the first time on appeal.

Shinault v. The Cleveland County Board Of County Commissioners

82 F.3d 367 · Court of Appeals for the Tenth Circuit · Apr 26, 1996

The court also denied Skinner's motion for summary judgment based on qualified immunity. Both sides appeal. Skinner appeals the denial of qualified immunity. … Then the court assesses whether that right was clearly established such that a reasonable person in the defendant's position would have known that his conduct violated that right. Liebson v.

Gary Wall v. James Wade

Court of Appeals for the Fourth Circuit · Feb 4, 2014

We also hold that their alleged actions violated the plaintiff’s clearly established rights, and that they are therefore not entitled to qualified immunity. 9 The plaintiff’s claims for equitable relief … We conclude that, given Wall’s circumstances, his right to participate in Ramadan was clearly established, and the defendants are therefore not entitled to qualified immunity.

Estate Robert Smith v. Marasco

318 F.3d 497 · Court of Appeals for the Third Circuit · Jan 29, 2003

Thus, the right at issue in this case was clearly established at the time the incident occurred. A plaintiff, however, must show more to survive a motion for summary judgment predicated on a qualified immunity defense. … it appropriate to remand the qualified immunity issue to allow the district court to make the necessary factual determinations with respect to qualified immunity in the first instance.