Case law

The Estate of B.I.C. v. Gillen

710 F.3d 1168 · Court of Appeals for the Tenth Circuit · Mar 19, 2013

Clearly Established Law Ms. … Gillen briefly argues that, if the court must reach the second part of the qualified immunity inquiry—whether the law was clearly established—a reasonable person in her position would not have been aware that she was subject

Gary Pagels v. Dean Minor

335 F.3d 736 · Court of Appeals for the Eighth Circuit · Jul 9, 2003

In January 2001, the defendants filed a motion for summary judgment on the basis of qualified immunity. … Qualified immunity shields a government official from suit in his performance of a discretionary function unless that official's conduct violated a clearly established constitutional or statutory right of which a reasonable

McGhee v. POTTAWATTAMIE COUNTY, IOWA

514 F.3d 739 · Court of Appeals for the Eighth Circuit · Feb 1, 2008

The district court found some defendants were entitled to qualified immunity on certain claims and denied qualified immunity and absolute immunity on the remaining claims. … Absolute Immunity and Probable Cause Before the establishment of probable cause to arrest, a prosecutor generally will not be entitled to absolute immunity. See Buckley v.

Ramirez v. City of Wichita

78 F.3d 597 · Court of Appeals for the Tenth Circuit · Mar 6, 1996

been violated was clearly established at the time of the defendant's conduct. … We hold the individual police officers were entitled to qualified immunity relating to Mr.

Mayfield v. Texas Department of Criminal Justice

529 F.3d 599 · Court of Appeals for the Fifth Circuit · May 30, 2008

The district court held that both sovereign and qualified immunity prevented Mayfield from pursuing his claims. … First, we consider the district court’s conclusions as to sovereign and qualified immunity.

Jay Brummett v. Jimmy Camble, Jim Boles, Doug Sanders, Dan Boulware, John R. MacLean First State Bank of Cleburne, Texas, and Johnson County, Texas

946 F.2d 1178 · Court of Appeals for the First Circuit · Dec 20, 1991

The Supreme Court approved municipal liability for § 1983 violations notwithstanding the qualified immunity defense of the individual municipal officers. Owen v. … This is true even if the private defendants are alleged to have conspired with one who has absolute, as opposed to qualified, immunity.

Village of Freeport v. Barrella

814 F.3d 594 · Court of Appeals for the Second Circuit · Feb 16, 2016

  immunity,  because  it  was  not  clearly  established  in  2010  that  Bermudez and Barrella belonged to different races as a matter of law.   … For  purposes of qualified immunity, however, the question is simple. 

Jason Stege, Justin Stege v. C. Joseph Girard, Mitchell B. Trimmer

999 F.2d 548 · Court of Appeals for the Tenth Circuit · Jun 29, 1993

Once defendants asserted qualified immunity, plaintiffs bore the burden of establishing both that defendants' alleged conduct violated the law and that the law was clearly established when the alleged violation occurred. … Because plaintiffs failed to establish that defendants' alleged conduct violated law clearly established at the time of this incident, defendants were entitled to qualified immunity. 5 Plaintiffs argue, among other things

Annissa Colson v. City of Alcoa

Court of Appeals for the Sixth Circuit · Jun 23, 2022

Sheehan, 575 U.S. 600, 613 (2015) (holding in the Fourth Amendment context that “[q]ualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches … Indeed, accepting Colson’s formulation would “collaps[e] the two qualified-immunity inquiries into one, permitting the constitutional-violation inquiry always to answer the clearly established inquiry.” Hagans v.

Paul N. Howard Company v. Puerto Rico Aqueduct Sewer Authority v. Insurance Company of North America, Third-Party

744 F.2d 880 · Court of Appeals for the First Circuit · Oct 11, 1984

In awarding attorney’s fees in this case, the district court noted that the defendant had delayed the case and multiplied discovery through its refusal to admit facts that were clearly established and by its tedious cross-examination … Taken together these facts might well lead us to conclude that PRASA is not an alter ego of the state and therefore does not qualify for immunity under the Eleventh Amendment. See, e.g., Miller-Davis Company v.

Valance v. Gaylon Wisel, Mike Reneau, Ed Pearce

110 F.3d 1269 · Court of Appeals for the Seventh Circuit · Apr 7, 1997

Alternatively, the court believed that even if Valance could establish a violation of his constitutional rights, the officers would be entitled to qualified immunity from his claim to money damages. … The doctrine of qualified immunity shields government officials who perform discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

Doe ex rel. Rios v. Bagan

41 F.3d 571 · Court of Appeals for the Tenth Circuit · Nov 15, 1994

In their answer, the individual defendants claimed qualified immunity; defendant Social Services claimed Eleventh Amendment immunity and further asserted that it is not a “person” for purposes of § 1983. … Once a defendant pleads a qualified immunity defense and moves for summary judgment, “the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time

Cornelio v. Connecticut

32 F.4th 160 · Court of Appeals for the Second Circuit · Apr 26, 2022

But even when probable cause is lacking, a police officer is entitled to qualified immunity if “(1) her conduct does not violate clearly established statutory or constitutional rights of v. … to foreclose a defense of qualified immunity.

Kewon English v. Joseph Clarke

90 F.4th 636 · Court of Appeals for the Fourth Circuit · Jan 5, 2024

As to the First Amendment claim, the court held that the defendants were entitled to qualified immunity because a First Amendment right to be free from state compelled speech had not been clearly established … We have no jurisdiction to make a determination as to qualified immunity when important facts remain unsettled.

Ghandi v. Police Department of Detroit

747 F.2d 338 · Court of Appeals for the Sixth Circuit · Oct 18, 1984

This immunity does not shield conduct that “transgresses a clearly established constitutional rule.” Butz, 438 U.S. at 507 , 98 S.Ct. at 2911 . … Accordingly, qualified immunity bars a claim of damages against these officials.

Larry Kemp v. David Liebel

Court of Appeals for the Seventh Circuit · Dec 11, 2017

The Doctrine of Qualified Immunity  “The doctrine of qualified immunity protects government  officials ‘from liability for civil damages insofar as their con‐ duct does not violate clearly established statutory or constitu … Liebel Did Not Violate Clearly Established Law  Under this framework, it is clear that Liebel is protected  by qualified immunity. 

Alexander v. Estepp

95 F.3d 312 · Court of Appeals for the Fourth Circuit · Sep 5, 1996

The plaintiffs may overcome this qualified immunity only if they can demonstrate that the defendants' conduct violated "clearly established statutory or constitutional rights of which a reasonable person would have known. … Thus we believe that the individual defendants have not established their entitlement to qualified immunity because case law (about which a reasonable official would have known) had clearly established by 1993 and 1994 that

Guzman Rivera v. Rivera Cruz

Court of Appeals for the First Circuit · Oct 28, 1996

"Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Mitchell v. … P. 56 states that defendants may move for summary judgment "at any time," we do not believe that this precludes us from establishing some limits to the ability of defendants to use the protection of qualified immunity to

Roy v. Inhabitants

Court of Appeals for the First Circuit · Dec 21, 1994

Creighton addressed to qualified immunity for a ________ _________ Fourth Amendment violation. … On the contrary, this court has held that it would be unsuitable to instruct a jury that excessive force must be "clearly" established to justify liability; we reasoned that the term could confuse the jury into thinking that

Meyers v. Pope

303 F. App'x 513 · Court of Appeals for the Ninth Circuit · Dec 16, 2008

The district court’s qualified immunity analysis was equally flawed. … 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