Case law

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

Sullivan, Jeffrey J. v. Bornemann, Jon

Court of Appeals for the Seventh Circuit · Sep 14, 2004

“[T]he first inquiry must be whether a constitutional right would have been violated on the facts alleged; second, assuming the violation is established, the question whether the right was clearly established must be considered … established, or if the officers were entitled to qualified immunity.

Bishop Paiute Tribe v. County of Inyo

291 F.3d 549 · Court of Appeals for the Ninth Circuit · Jan 4, 2002

Finally, we find that neither the District Attorney nor the Sheriff is entitled to qualified immunity because they violated clearly established law by executing a warrant outside of their jurisdiction. … On review of a denial of a motion to dismiss based on qualified immunity, we have jurisdiction only to decide if defendant’s conduct violated clearly established constitutional rights. Pelletier v.

Michael J. Green and Cheryl Poulsen v. Marlo Butler, David Carroll, Mark Salsberry

420 F.3d 689 · Court of Appeals for the Seventh Circuit · Aug 24, 2005

Qualified Immunity The district court held in the alternative that, even if the parole agents violated Mr. Green’s and Ms. Poulsen’s Fourth Amendment rights, they were entitled to qualified immunity from suit. … Qualified immunity shields the agents from suit unless Mr. Green and Ms.

Anderson v. Roberts

823 F.2d 235 · Court of Appeals for the Eighth Circuit · Jul 9, 1987

In Wright, there was no question that the law clearly established certain constitutional rights. … Thus, Sheriff Bolin is not entitled to summary judgment on the basis of qualified immunity.

Joyce Wilson, Individually, and as Natural Guardian and Next Friend of the Minor Child, Natalie J. Wilson Est Datton Wilson, Jr. Anthony D. Wilson Anita D. Wilson Datton Wilson, III Crystal L. Johnson Kasha C. Wilson v. Luther Donald Meeks David Scott Lawson Phyllis Renee Lawson City of Haysville, a Municipal Corporation John Coleman, and Timothy John Stock Bruce K. Powers Lanon Thompson Debbie Mann J. Earl Kitchings, Joyce Wilson, Individually, and as Natural Guardian and Next Friend of the Minor Child, Natalie J. Wilson Est Datton Wilson, Jr. Anthony D. Wilson Anita D. Wilson Datton Wilson, III Crystal L. Johnson Kasha C. Wilson v. Luther Donald Meeks, and Timothy John Stock Bruce K. Powers Lanon Thompson David Scott Lawson Phyllis Renee Lawson Debbie Mann J. Earl Kitchings City of Haysville, a Municipal Corporation and John Coleman

52 F.3d 1547 · Court of Appeals for the Tenth Circuit · Apr 20, 1995

However, qualified immunity is not a defense when officials' actions violate clearly established constitutional rights. Quezada, 944 F.2d at 718 . … entitled to qualified immunity on these facts.

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

Field Day, LLC v. County of Suffolk

463 F.3d 167 · Court of Appeals for the Second Circuit · Sep 12, 2006

clearly established constitutional right. … an entitlement to qualified immunity. 2.

Rivera Ruiz v. Gonzalez Rivera

Court of Appeals for the First Circuit · Jan 5, 1993

Qualified Immunity III. Qualified Immunity ________________________ Appellees' suggest that as government officials, they are entitled to qualified immunity. … The qualified immunity defense does not rescue appellees in this case. Qualified immunity is an affirmative defense for government officials sued for damages. Domegan v.

Michael Levan v. Steven George

Court of Appeals for the Seventh Circuit · Apr 28, 2010

First, as the precedential case for qualified immunity, Mitchell limited its holding to appeals challenging only the purely legal issue of whether the law was clearly estab- lished; it does not allow appellate courts to examine … It is obvious to us that the separ- ability requirement is very clearly lacking here.

Robert M. Jasinski v. R.A. Adams, Joe Mongiello, and United States Border Patrol, Defendants

781 F.2d 843 · Court of Appeals for the Eleventh Circuit · Feb 3, 1986

“Unless plaintiff alleges a violation of clearly established law,” defendants are specifically entitled under the doctrine of qualified immunity to dismissal prior to the discovery phase of the case. Id. … Plaintiff alleges a violation of this clearly established rule.

Frank S. Dorman v. Michael Higgins

821 F.2d 133 · Court of Appeals for the Second Circuit · Jun 9, 1987

DISCUSSION On appeal Dorman contends principally that Higgins was not entitled to more than qualified immunity and that neither qualified nor absolute immunity would bar Dorman’s request for injunctive relief. … See, e.g., id. at 5, 13 (unverified information should be clearly labeled).

Phillips v. Hust

Court of Appeals for the Ninth Circuit · Feb 12, 2007

Hust contends that, even if her actions amounted to a viola- tion of Phillips’s rights, the right was not clearly established, and she is therefore entitled to qualified immunity. … A A state officer is not protected by qualified immunity where he or she has violated a clearly established constitu- tional right. Under Saucier v.

First American Title Co. v. Devaugh

480 F.3d 438 · Court of Appeals for the Sixth Circuit · Feb 22, 2007

We hold that the challenged practices of the Saginaw County, Eaton County, Lapeer County, and Newaygo County registers do not qualify for Parker state-action immunity because they are not “clearly articulated and affirmatively … That tells us nothing, however, about whether a county’s exercise of that latter power qualifies for state-action immunity from Sherman Act liability.

Forsythe v. City of Burbank

6 F. App'x 600 · Court of Appeals for the Ninth Circuit · Mar 9, 2001

were entitled to qualified immunity for their arrests. … officers are entitled to qualified immunity: “(1) Was the law governing the officer’s conduct clearly established?”

Seamons v. Snow

84 F.3d 1226 · Court of Appeals for the Tenth Circuit · May 8, 1996

Based on our reading of the complaint, resolving all reasonable inferences in Brian's favor, we conclude that the district court was premature in granting qualified immunity to Defendants. 37 The doctrine of qualified immunity … "Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be

97 Cal. Daily Op. Serv. 7610, 97 Daily Journal D.A.R. 12,280 Kevin L. Harris v. Arthur Roderick, and Lon T. Horiuchi, Kevin L. Harris v. Arthur Roderick, Richard Rogers, Steve McGavin Les Hazen, Dale Carnege, William Gore, and Eugene F. Glenn, Kevin L. Harris v. Arthur Roderick, and G. Wayne "Duke" Smith, Kevin L. Harris v. Arthur Roderick, and Larry Potts, Kevin L. Harris v. Arthur Roderick, Larry Cooper, Jose Antonio "Tony" Perez, Henry Hudson

126 F.3d 1189 · Court of Appeals for the Ninth Circuit · Sep 25, 1997

Horiuchi misconceives the requirements of qualified immunity law. Harris need not present a factually similar case in order to show that his constitutional rights were clearly established. … The Rules directly infringed on the clearly established constitutional rights of those at whom they were aimed, including Harris. There is no qualified immunity for such conduct, either.

Richard Doermer v. Kathryn Callen

847 F.3d 522 · Court of Appeals for the Seventh Circuit · Feb 1, 2017

Other government offi- cials who do not enjoy absolute immunity are nonetheless shielded by qualified immunity, a robust doctrine that “pro- tects government officials ‘from liability for civil damages in- sofar as their … conduct does not violate clearly established stat- utory or constitutional rights of which a reasonable person would have known.’”

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.

Deville v. Marcantel

567 F.3d 156 · Court of Appeals for the Fifth Circuit · May 1, 2009

The officers raised qualified immunity as a defense. … Accordingly, defendants are not entitled to qualified immunity on the § 1983 excessive force claims. C.