Case law

Marcus Mote v. Debra Walthall

Court of Appeals for the Fifth Circuit · Aug 31, 2018

immunity as a defense.” 3 The only pure legal question we may answer at the qualified immunity stage is “whether a given course of conduct would be objectively unreasonable in light of clearly established law.” 4 … In reversing the district court’s grant of qualified immunity, the panel noted only that “there is no doubt that [the officer] had a clearly established constitutional right not to be fired for engaging in protected speech

Mustapha Younes v. Christopher Pellerito

Court of Appeals for the Sixth Circuit · Jan 9, 2014

The officers appeal the district court’s order denying them qualified immunity and state law governmental immunity. … established.”

Marianne E. Engblom and Charles E. Palmer v. Hugh L. Carey, Governor of the State of New York

724 F.2d 28 · Court of Appeals for the Second Circuit · Dec 20, 1983

Upon remand, the district court ruled that appellees were protected by qualified immunity, see e.g., Harlow v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), because appellants’ Third Amendment rights were not clearly established at the time of the events in question.

Tyson v. County of Sabine

Court of Appeals for the Fifth Circuit · Jul 28, 2022

Deputy Boyd has invoked the defense of qualified immunity. … D In summary, we hold that Deputy Boyd’s alleged sexual abuse violated Tyson’s clearly established right to bodily integrity. Thus, Deputy Boyd is not entitled to qualified immunity.

Melvin T. Smith v. Ferron C. Losee

485 F.2d 334 · Court of Appeals for the Tenth Circuit · Aug 22, 1973

Clearly, the defendants in this case were acting under color of state law when they acted to deny Smith a teaching contract and tenure at Dixie College. … The immunity of judges for acts within the judicial role is equally well established, and we presume that Congress would have specifically so provided had it wished to abolish the doctrine.”

Berry, Steven K. v. Funk, Sherman M.

146 F.3d 1003 · Court of Appeals for the D.C. Circuit · Jul 14, 1998

court's order can be affirmed because all defendants are entitled to qualified immunity. … Appellees maintain that Berry's allegations do not make out a Fourth Amendment violation, and alternatively, that they are entitled to qualified immunity on these claims as their conduct did not "violate clearly established

Sweat v. Shelton

595 F. App'x 508 · Court of Appeals for the Sixth Circuit · Dec 15, 2014

After completion of discovery, Shelton moved for summary judgment on the basis of qualified immunity. … However, “a defendant denied qualified immunity may appeal ... if the issue on appeal is whether the plaintiffs facts, taken at their best, show that the defendant violated clearly established law.” Quigley v.

Shirley Marrical v. The Detroit News, Inc., Robert Sage

805 F.2d 169 · Court of Appeals for the Sixth Circuit · Nov 11, 1986

The court noted though that it had earlier determined that all defendants, including Sage, were entitled to qualified immunity under Michigan law. … The precise contours of the immunity afforded state officers under Michigan law are, however, not so clearly defined. 2 We initially note that the Michigan legislature, when it enacted its governmental immunity statute, declined

Trevino v. Iden

79 F.4th 524 · Court of Appeals for the Fifth Circuit · Aug 21, 2023

To defeat a defendant’s assertion of qualified immunity, the plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the … We therefore do not reach whether he has identified “clearly established law,” as required by the second prong.

Greenberg v. Kmetko

811 F.2d 1057 · Court of Appeals for the Seventh Circuit · Feb 3, 1987

Defendants’ second argument is that they are protected from liability under the doctrine of qualified immunity. … A fortiori, constitutional protection for such expressions was not clearly established in 1976.

Jaryl Ellis v. Robert Houston

742 F.3d 307 · Court of Appeals for the Eighth Circuit · Feb 3, 2014

A government official is protected by qualified immunity if his conduct failed to violate any “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … A public official is entitled to qualified immunity from suit unless (1) “the official violated a statutory or constitutional right,” and (2) “the right was ‘clearly established’ at the time of the challenged conduct.”

Robert Biggs v. William C. Meadows Nurse Cartwright Superintendent Barnes Mr. Weeks

66 F.3d 56 · Court of Appeals for the Fourth Circuit · Sep 18, 1995

Because qualified immunity is available only in a personal capacity suit, Kentucky v. … Examining the course of proceedings, the defendants asserted, among other defenses, that they are entitled to qualified immunity.

Sutton v. Rasheed

323 F.3d 236 · Court of Appeals for the Third Circuit · Mar 19, 2003

We hold that there was a constitutional violation, but because we conclude that defendants are protected by qualified immunity, we will affirm. 2 I. … Defendants also contend that they are protected by qualified immunity from the damages claim.

Gregory A. Scher v. Daniel Engelke

943 F.2d 921 · Court of Appeals for the Eighth Circuit · Nov 1, 1991

Qualified immunity Engelke next argues that he is entitled to qualified immunity. He cites Harlow v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), for the proposition that an official is immune from liability for civil damages when his conduct does not violate clearly established statutory

Arkan Ali v. Donald Rumsfeld

Court of Appeals for the D.C. Circuit · Jun 21, 2011

Finally, the district court held that qualified immunity protected the defendants from the Bivens claims because, even if the plaintiffs possess constitutional rights, “those rights were not clearly established at the time … Furthermore, we concluded the defendants were protected by qualified immunity because, even assuming arguendo the detainees possessed rights under the Fifth and Eighth Amendments, those rights were not clearly established

Estate Robert Smith v. Marasco

430 F.3d 140 · Court of Appeals for the Third Circuit · Nov 30, 2005

Therefore, it is appropriate for us to rely on that decision in our analysis of whether the officers are entitled to qualified immunity, as the contours of the right at issue here— as set forth in Sharrar — were “clearly … More specifically, the second question requires us to ask whether the right the defendant stands accused of violating was “clearly established” at the time of the incident in question.

Butler v. City of Sacramento

365 F. App'x 749 · Court of Appeals for the Ninth Circuit · Feb 11, 2009

I Perez is entitled to qualified immunity unless (1) the facts, viewed in the light most favorable to Butler, demonstrate a violation of a constitutional right and (2) that right was clearly established at the time of the … entitled to qualified immunity.

Onie Ward v. Reginald Moore

Court of Appeals for the Eighth Circuit · Jul 18, 2005

An interlocutory appeal from the denial of qualified immunity is limited in scope. … “[T]he appealable issue is a purely legal one: whether the facts alleged (by the plaintiff, or, in some cases, the defendant) support a claim of violation of clearly established law.” Johnson v.

Anderson v. Cash

70 F. App'x 251 · Court of Appeals for the Sixth Circuit · Jun 25, 2003

In civil damage actions arising out of a government official’s performance, the official is generally entitled to qualified immunity from suit insofar as the official’s conduct does not violate clearly established statutory … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

Kohl v. Woodhaven Learning Center

865 F.2d 930 · Court of Appeals for the Eighth Circuit · May 12, 1989

Otherwise Qualified-Reasonable Accommodation 32 The district court found that Kohl was otherwise qualified for the Woodhaven programs and that Woodhaven could reasonably accommodate him. … In order to avoid immunizing new staff who might leave either before or shortly after becoming immune, Dr.