Case law

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

Doe, John v. Exxon Mobil Corp

473 F.3d 345 · Court of Appeals for the D.C. Circuit · Jan 12, 2007

More specifically, the doctrines of qualified immunity and absolute immunity do not just protect covered individuals from judgments; they also provide protection from “the risks of trial — distraction of officials from their … Fitzgerald, 457 U.S. 800, 816 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982)) (qualified immunity). See also Nixon v.

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.”

Kartseva v. Department of State

37 F.3d 1524 · Court of Appeals for the D.C. Circuit · Jan 5, 1995

Because we remand the constitutional question, we do not now decide whether the Bivens claims can survive a claim of qualified immunity. 21 28 In the event, however, that the district court finds the existence of a clearly … ] motion for summary judgment on qualified immunity grounds can be resolved."

Ward A. Thompson v. City of Lawrence, Kansas Ron Olin, Chief of Police Jerry Wells, District Attorney Frank Diehl, David Davis, Kevin Harmon, Mike Hall, Ray Urbanek, Jim Miller, Bob Williams, Craig Shanks, John Lewis, Jack Cross, Catherine Kelley, Dan Ward, James Haller, Dave Hubbell and Matilda Woody, Frances S. Wisdom v. City of Lawrence, Kansas Ron Olin, Chief of Police David Davis, Mike Hall, Jim Miller, Bob Williams, Craig Shanks, John L. Lewis, Jack Cross, Kevin Harmon, Catherine Kelley, Dan Ward and James Haller, Jr.

58 F.3d 1511 · Court of Appeals for the Tenth Circuit · Jul 5, 1995

We review qualified immunity claims in the summary judgment context under the framework set out in Woodward v. … The defendant then has the usual summary judgment burden of establishing that there is no genuine controversy over a material fact which would defeat his claim for qualified immunity and that he is entitled to judgment as

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.

Pratt v. Snohomish County

15 F.3d 1088 · Court of Appeals for the Ninth Circuit · Dec 16, 1994

Whether the defendants are immune from suit under this theory of liability depends on whether "a reasonable officer in [their] position could have believed, in light of clearly established legal principles," 1 Act Up! … Omission of these critical facts deprived the defendants of 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.

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.

John Briggs v. Guy Goodwin

698 F.2d 486 · Court of Appeals for the D.C. Circuit · Jan 17, 1983

with good-faith belief, that affords a basis for qualified immunity.” … In that decision, we determined that the requirements of Goodwin’s job justified only a qualified immunity, an immunity that depended on the good faith of his actions.

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.

Langiano v. City of Fort Worth

131 F.4th 285 · Court of Appeals for the Fifth Circuit · Mar 11, 2025

Qualified immunity protects public officials “from undue interference with their duties and from potentially disabling threats of liability” 13 “insofar as their conduct does not violate clearly established statutory or constitutional … immunity unless the plaintiff demonstrates that (1) the defendant violated the plaintiff’s constitutional rights and (2) the defendant’s actions were objectively unreasonable in light of clearly established law at the time

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.”

Manion v. Michigan Board of Medicine

765 F.2d 590 · Court of Appeals for the Sixth Circuit · Jun 24, 1985

If the law which the defendant it alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … If the law is not clearly established, the defendant is immune.