Case law

Lopkoff v. Slater

Court of Appeals for the Tenth Circuit · Dec 6, 1996

A government official is entitled to qualified immunity from civil damages for performing discretionary functions when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Defendants raised the defense of qualified immunity, thus placing on plaintiffs the “heavy burden” to demonstrate that defendants violated clearly established law. Hannula v.

Acevedo-Garcia v. Vera-Monroig

351 F.3d 547 · Court of Appeals for the First Circuit · Aug 21, 2003

Proposed Jury Instruction 51: Qualified Immunity Government officials performing discretionary functions are granted qualified immunity from civil claims for damages, if their conduct at the … Proposed Jury Instruction 53: Reach of Qualified Immunity Even defendants who violate constitutional rights enjoy a qualified immunity that protects them from liability

Selecha Allen v. Warden, Baldwin State Prison

Court of Appeals for the Eleventh Circuit · Apr 4, 2018

Honsted, 35 F.3d 521, 525 (11th Cir. 1994) (holding, in the context of qualified immunity, that restricting visitations between a prisoner and his wife because she had provided him with contraband did not violate clearly … strike, as the officials did not violate any clearly established law).

Perry, Rixson M. v. Sheahan, Michael

Court of Appeals for the Seventh Circuit · Aug 2, 2000

Our analysis begins with the well-established proposition that government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages unless their conduct violates clearly … Because the conduct alleged in the complaint would violate the clearly-established right against unreasonable seizures, we reverse the district court’s dismissal of the damages claims on the grounds of qualified immunity.

Chism v. Washington State

661 F.3d 380 · Court of Appeals for the Ninth Circuit · Nov 7, 2011

We also conclude that the officers are not entitled to qualified immunity because the Chisms’ right to not be searched and arrested as a result of judicial deception was clearly established at the time Gardner prepared and … Qualified Immunity [20] Qualified immunity shields the officers from liability “insofar as their conduct d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have

Carr v. City Of Florence

916 F.2d 1521 · Court of Appeals for the Eleventh Circuit · Nov 7, 1990

As cross-appellants, the sheriff and his deputies contend that they are entitled to qualified immunity in their individual capacities. … ISSUES 8 We affirm the district court's judgment on its rulings of qualified immunity as to both the sheriff and his deputies.

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.

Jensen v. City Of Oxnard

145 F.3d 1078 · Court of Appeals for the Ninth Circuit · May 28, 1998

Qualified Immunity 22 All of the individual defendants claim that they are entitled to qualified immunity. … Government officials are given qualified immunity from civil liability under § 1983 "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Alvin Marks v. Larry Carmody and Anthony Cinquegrani

234 F.3d 1006 · Court of Appeals for the Seventh Circuit · Dec 12, 2000

As the district court recognized, qualified immunity protects arresting police officers from suit if a reasonable officer would have believed the arrest to be lawful, in light of clearly established law and the information … The district court’s judgment dismissing the case against them on qualified immunity grounds is therefore Affirmed.

Kern v. Clark County

231 F. App'x 622 · Court of Appeals for the Ninth Circuit · May 3, 2007

Until a specific substantive due process right is recognized or clearly established in this circuit, officials are entitled to qualified immunity from such claims alleging a violation of such a right as a matter of law. … Fox is entitled to qualified immunity because no constitutional violation occurred. Squaw Valley Dev. Co. v. Goldberg, 375 F.3d 936, 943 (9th Cir.2004).

O'Bar v. Pinion

953 F.2d 74 · Court of Appeals for the Fourth Circuit · Dec 4, 1991

clearly established legal norms. … If the plaintiff is unable to allege a violation of clearly established law, the defendants who claim qualified immunity are entitled to dismissal before commencement of discovery, because this immunity protects government

Joseph C. Schultz, and Kristen M. Harkum v. Christopher Braga, and Henry F. Hanburger Lawrence S. Brosnan Federal Bureau of Investigation, Kristen M. Harkum, and Joseph C. Schultz v. Christopher Braga, and Henry F. Hanburger Lawrence S. Brosnan Federal Bureau of Investigation

455 F.3d 470 · Court of Appeals for the Fourth Circuit · Jul 31, 2006

A. 20 Under the doctrine of qualified immunity, police officers performing discretionary duties "are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … "We decide[] only that the forecasted evidence, when viewed in the light most favorable to [Schultz], established a violation of clearly established law." Willingham, 412 F.3d at 559 (emphasis in original).

John C. Walter v. Ruben M. Torres

917 F.2d 1379 · Court of Appeals for the Fifth Circuit · Nov 29, 1990

On the other hand, one defendant in the case was held to have qualified immunity because he was charged with “failure to establish adequate rules and policies for preliminary parole revocation hearings,” which, as an administrative … activity, afforded only qualified immunity.

David Sample v. City of Woodbury

836 F.3d 913 · Court of Appeals for the Eighth Circuit · Sep 6, 2016

to establish a conflicts policy; and that the City enjoyed derivative absolute immunity on the claims. … Yet owing to the qualified immunity enjoyed by most government officials, many victims of municipal malfeasance would be left remediless if the city were also allowed to assert a good-faith defense.

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.

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.

Carvajal, Raul v. Dominguez, Louis

Court of Appeals for the Seventh Circuit · Sep 5, 2008

An appeal of an order denying qualified immu- nity is a well-established application of this doctrine: “A district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law is an appealable … If not, the inquiry ends, and the officer has qualified immunity. If yes, then the second step is whether the violated right was clearly established.

Sportique Fashions, Inc. v. Sullivan

597 F.2d 664 · Court of Appeals for the Ninth Circuit · Mar 21, 1979

Finally, appellants’ failure to show that defendants were negligent means that defendants clearly fall under the immunity rule for public officials. … Defendants Lawrence and Bennett, as representatives and employees of an agency of the United States, the Postal Service, have at least a qualified immunity for their acts. 3 The qualified immunity rule protects such officials

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.