Case law

Mace Davis v. City of Elgin, Illinois

Court of Appeals for the Seventh Circuit · Jul 9, 2026

Gonzalez, 761 F.3d 822, 826 (7th Cir. 2014). 4 No. 25-1299 Qualified immunity offers police officers a shield to civil liability when they do “not violate clearly … We granted her judgment as a matter of law, reversing the district court and finding that the officers used excessive force and were not entitled to qualified immunity. Id. at 517, 524.

Resek v. City of Huntington Beach

41 F. App'x 57 · Court of Appeals for the Ninth Circuit · Jul 1, 2002

Wersching next argues that he is entitled to qualified immunity. … Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Taylor v. Ponca City

Court of Appeals for the Tenth Circuit · Dec 30, 1997

Chief Ham objects to the district court having ordered him to submit to discovery before ruling on his qualified immunity defense. … Losavio, 847 F.2d 642, 646 (10th Cir. 1988) (holding that, to overcome a qualified immunity defense, a plaintiff must “show both that the defendant’s alleged conduct violated the law and that the law was clearly established

Miller v. Prince George's County

Court of Appeals for the Fourth Circuit · Jan 22, 2007

Accordingly, we turn to the second element of Saucier — whether the violated right was clearly established at the time of the events in question. If the right was not clearly established, Det. … Dougans still enjoys qualified immunity from liability on this claim. Qualified immunity "operates ‘to ensure that before they are sub- jected to suit, officers are on notice their conduct is unlawful.’" Hope v.

Kallinen v. Newman

Court of Appeals for the Fifth Circuit · Mar 31, 2023

clearly established law that made the Facebook campaign page a government- created forum subject to First Amendment protection.” … In any event, it concluded that Judge Newman would be entitled to qualified immunity for lack of a clearly established law that made his Facebook page a government-created forum subject to First Amendment protection.

Berman v. Crook

293 F. Supp. 3d 48 · Court of Appeals for the D.C. Circuit · Feb 2, 2018

When a plaintiff brings an action for money damages against a federal official in his individual capacity, the official may entitled to qualified immunity "insofar as their conduct does not violate clearly established statutory … qualified immunity."

David Demers v. Erica Austin

729 F.3d 1011 · Court of Appeals for the Ninth Circuit · Sep 4, 2013

light of clearly established law and the information [that they] possessed.” … The court held that the professor’s First Amendment rights were clearly established in the Fourth Circuit, and it denied qualified immunity.

Key v. Rutherford

645 F.2d 880 · Court of Appeals for the Tenth Circuit · Apr 10, 1981

Thus on January 31, 1979, when the trial court entered judgment on the jury verdict in favor of the City of Stroud, the *883 availability of qualified municipal immunity was an unsettled question. … The Supreme Court then squarely addressed the issue of qualified municipal immunity in Owen, 445 U.S. 673 , 100 S.Ct. 1427 , which was also handed down while the instant case was pending appeal.

Billie Thompson v. Lance Cope

Court of Appeals for the Seventh Circuit · Aug 14, 2018

Step 2: Clearly Established Law We have appellate jurisdiction to review the legal issue at the second step of qualified immunity analysis: whether the constitutional right that Heishman’s estate asserts was clearly established … In Hope, the Court denied qualified immunity and held that handcuffing a prisoner to a hitching post violated clearly established law. Hope teaches that a case directly on point is not required.

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.

Jose Ramon Echevarria v. Jose G. Gracia-Anselmi, Etc.

823 F.2d 696 · Court of Appeals for the First Circuit · Jul 22, 1987

Gracia Anselmi, 817 F.2d 891 (1st Cir.1987), on interlocutory appeal from a denial of summary judgment on the basis of qualified immunity. … Instead, we held more narrowly that the defendant should have been granted qualified immunity because the plaintiff was not “entitled to clearly established protection against politically motivated discharge at the time of

Mykola Ivanenko v. Viktor Yanukovich

995 F.3d 232 · Court of Appeals for the D.C. Circuit · Apr 23, 2021

It is the defendant’s burden to establish sovereign immunity, “including that ‘the plaintiff’s allegations do not bring its case within a statutory exemption to immunity.’” Id. (quoting Phoenix Consulting Inc. v. … A foreign state explicitly waives its sovereign immunity in a treaty or contract only if it “clearly and unambiguously” agrees to suit. World Wide Minerals, Ltd. v. Republic of Kazakhstan, 296 F.3d 1154, 1162 (D.C.

James Player v. University of Idaho

683 F. App'x 608 · Court of Appeals for the Ninth Circuit · Mar 20, 2017

To the extent that Player sued any defendant in his individual capacity, the claims are barred by qualified immunity. See Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Yousuf v. Samantar

552 F.3d 371 · Court of Appeals for the Fourth Circuit · Jan 8, 2009

Samantar’s hypothesis, by contrast, focuses on the protection of individual foreign officials in a way that is reminiscent of qualified immunity or other status-based immunities that are concerned with matters as they exist … Dole Food is instructive on this point, explaining that qualified immunity, for example, “prevent[s] the threat of suit from crippling the proper and effective administration of public affairs,” id. at 479 , 123 S.Ct. 1655

Hill v. Shobe

93 F.3d 418 · Court of Appeals for the Seventh Circuit · Aug 23, 1996

We note that the district court certified for interlocutory appeal only its decision on qualified immunity. … To determine whether a defendant is entitled to qualified immunity, however, we must determine whether he violated a clearly established constitutional right at the time he took his action. Montville v.

Aponte v. Perez

75 F.4th 49 · Court of Appeals for the Second Circuit · Jul 20, 2023

As to the period after Aponte’s June 2008 resentencing, the 2 district court found that the appellees were entitled to qualified immunity. … Williams, it was not 8 clearly established that judicially imposed PRS upon released prisoners was 9 unlawful.”

Weissenberg v. Terhune

17 F. App'x 580 · Court of Appeals for the Ninth Circuit · Aug 23, 2001

We review de novo the district court’s denial of qualified immunity, Robinson v. … were clearly established.

Bethley v. City of Spencer, Okl.

37 F.3d 1509 · Court of Appeals for the Tenth Circuit · Oct 19, 1994

She maintains Officer Cotten was not entitled to qualified immunity because his actions in using deadly force were excessive, unreasonable, and in violation of established law enforcement standards and procedures. 9 Qualified … the legal rules that were 'clearly established' at the time."

Schildt v. Federal Bureau of Investigation

113 F.3d 1247 · Court of Appeals for the Tenth Circuit · May 9, 1997

We analyze assertions of qualified immunity under a two-part framework: first we determine whether the plaintiff has asserted a violation of a constitutional or statutory right, and then we decide whether that right was clearly … The plaintiff must articulate the clearly established constitutional right and the defendant's conduct which violated the right with specificity.

Elizabeth Jane Hall v. United States of America

773 F.2d 703 · Court of Appeals for the Sixth Circuit · Sep 25, 1985

The Hall II court proceeded to hold that the IRS officials established that they were entitled to qualified immunity from suits for damages because they had acted in good faith. 704 F.2d at 249-50 . … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), held the IRS officials were entitled to qualified immunity on motion for summary judgment because they had not violated any clearly established constitutional