Case law

El Bey v. Roop

Court of Appeals for the Sixth Circuit · Jul 1, 2008

Qualified immunity protects government officials from liability for civil damages stemming from their performance of discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional … The Fourth Amendment right to be free from warrantless searches within the home is clearly established.

Noel N. Chua, M.D. v. Andrew J. Ekonomou

1 F.4th 948 · Court of Appeals for the Eleventh Circuit · Jun 15, 2021

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because Chua failed to allege a violation of section 1985, Ekonomou is entitled to qualified immunity. Although we held in Burrell v.

Melodi Navab-Safavi v. Broadcasting Board of Govenors

Court of Appeals for the D.C. Circuit · Mar 1, 2011

Legal Background Appellant’s motion for dismissal is rooted in the well- established doctrine of qualified immunity. … The Board asserts its qualified immunity, but we are unable to determine without an evidentiary record whether any act it committed in defense of those functions constituted a violation of clearly established rights, or even

Sanders v. District of Columbia

16 F. Supp. 2d 10 · Court of Appeals for the D.C. Circuit · Aug 10, 1998

Government officials are protected by qualified immunity when they perform discretionary functions and “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, Barry and Soulsby’s motion to dismiss on qualified immunity grounds is denied. H.

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.

Alfred Flowers v. City Of Minneapolis

478 F.3d 869 · Court of Appeals for the Eighth Circuit · Mar 1, 2007

COLLOTON, Circuit Judge. 1 Minnesota police officer Kevin Stoll appeals the district court's denial of his motion for summary judgment based on qualified immunity. … If so, then we determine whether the constitutional right was clearly established at the time.

John C. Bleavins v. Joel H. Bartels, Roger Bay, and Vernon McGregor

326 F.3d 887 · Court of Appeals for the Seventh Circuit · Apr 16, 2003

immunity. … If so, the question then turns to whether the right that was violated was clearly established. Id. at 200, 121 S.Ct. 2151 . Bleavins contends the trailers were ■within the curtilage of his home when they were seized.

Deboer v. Pennington

206 F.3d 857 · Court of Appeals for the Ninth Circuit · Mar 17, 2000

If the right is not clearly established, the individual defendants are entitled to qualified immunity. See Thompson v. Souza, 111 F.3d 694, 698 (9th Cir. 1997). … Clearly Established Law 31 Having identified the right at issue, we must determine whether it was clearly established before January 31, 1995.

Stephanie Jenkins v. Ted Swem

Court of Appeals for the Eighth Circuit · Oct 3, 2016

Qualified Immunity “Qualified immunity protects government officials performing discretionary functions from liability for damages so long as ‘their conduct does not violate clearly established statutory or constitutional … Where, as here, a defendant fails to establish that he did not violate a right or that the right in question was not clearly established, then he is not entitled to qualified immunity, regardless of whether he acted under

Carver v. Lehman

528 F.3d 659 · Court of Appeals for the Ninth Circuit · Jun 9, 2008

We conclude, however, that this right was not clearly established at the time of the facts giving rise to this case. We therefore affirm the district court’s grant of qualified immunity. I. … Qualified Immunity Qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

John A. Reed, Gerald G. Kaluzny, and Rbk, Ltd. v. Village of Shorewood

704 F.2d 943 · Court of Appeals for the Seventh Circuit · Jul 7, 1983

The decision that established the absolute immunity of judges from suits for damages under 42 U.S.C. § 1983 , Pierson v. … result here just because these officers’ immunity is absolute rather than qualified.

Buchanan v. City of Bolivar

99 F.3d 1352 · Court of Appeals for the Sixth Circuit · Nov 7, 1996

’s conduct did not violate a clearly established right. … This Court applies a two-pronged analysis in determining a defendant’s entitlement to qualified immunity. First, a plaintiff must establish that he “has a clearly established statutory or constitutional right.”

R.D. Jones v. Thuworn Shields

207 F.3d 491 · Court of Appeals for the Eighth Circuit · Mar 23, 2000

We review the denial of qualified immunity de novo. Estate of Davis ex rel. Ostenfeld v. Delo, 115 F.3d 1388, 1394 (8th Cir.1997). … We hold Shields has failed to establish an Eighth Amendment violation. Accordingly, we need not proceed with the qualified immunity analysis.

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.

Spear v. Sowders

71 F.3d 626 · Court of Appeals for the Sixth Circuit · Dec 19, 1995

. § 1983 and now appeals a grant of summary judgment to the defendants on the ground of qualified immunity. A panel of this court reversed the grant of summary judgment. … The defendants filed a motion to dismiss, arguing that qualified immunity protected them from suit.

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

Jeffries v. Harleston

21 F.3d 1238 · Court of Appeals for the Second Circuit · Apr 18, 1994

Qualified Immunity The defendants contend that even if they did violate Jeffries’ rights, the damage awards should be vacated because the defendants, as government officials, enjoy qualified immunity. … Thus, qualified immunity shields state actors from liability for their official acts unless they violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Montanez v. Secretary Pennsylvania Department of Corrections

773 F.3d 472 · Court of Appeals for the Third Circuit · Aug 15, 2014

“Qualified immunity shields government officials from suit even if their actions were unconstitutional as long as those' officials’ actions ‘d[id] not violate clearly established statutory or constitutional rights of which … Therefore, qualified immunity applies. The fact that the defendants are entitled to qualified immunity on Hale’s damages claim does not prevent this case from moving forward on Hale’s claim for injunctive relief.

State Employees Bargaining Agent Coalition v. Rowland

718 F.3d 126 · Court of Appeals for the Second Circuit · May 31, 2013

Defendants argue that even if sovereign immunity is unavailable, the dismissal should still be upheld on qualified immunity grounds.14 “The doctrine of qualified immunity protects government officials from liability for … civil damages insofar as their conduct does not violate clearly established statutor[y] or constitutional rights of which a reasonable person would have known.”

Brenda Marsh v. County of San Diego

Court of Appeals for the Ninth Circuit · May 29, 2012

Qualified Immunity [18] Even if Coulter violated Marsh’s constitutional rights under color of state law, he’s entitled to qualified immunity because the right wasn’t “clearly established” at the time of his conduct. … Although the Catsouras court found a state privacy right over death images, it found no clearly established federal right and dismissed the section 1983 claim on qualified immunity grounds. 181 Cal.