Case law

James D. Stewart v. Baldwin County Board Of Education

908 F.2d 1499 · Court of Appeals for the Eleventh Circuit · Aug 15, 1990

QUALIFIED IMMUNITY 7 Defendants appeal the refusal of the district court to grant summary judgment in their favor on the basis of their qualified immunity defense. … Dollar, 841 F.2d 1558, 1564 (11th Cir.1988). 1 If the law that the defendants allegedly violated was not clearly established, then the defendants are entitled to qualified immunity. See Daniel v.

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.

John Doe v. Purdue University

928 F.3d 652 · Court of Appeals for the Seventh Circuit · Jun 28, 2019

But because the defendants have as- serted qualified immunity, John can recover damages from them only if his right to receive procedural due process in the disciplinary proceeding was clearly established. … Qualified immunity is a high standard.

Daniel Engel v. Robert Buchan

Court of Appeals for the Seventh Circuit · Mar 5, 2013

We also held that the agents were not protected by qualified immunity because the constitutional right in question was clearly established at the time of the events at issue in the case. … Qualified immunity “pro- tects 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

Acoff v. Abston

762 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Abston invokes a qualified immunity from suit due to his "good faith" reliance on a City policy that was not clearly unconstitutional at the time of the shooting; the judgment in favor of all defendants could stand if this … immunity.

Kent Louis Wallace v. Cliff Lathrope, Rick Del Fiorentino, and the City of Fort Bragg

60 F.3d 836 · Court of Appeals for the Ninth Circuit · Jul 3, 1995

Qualified Immunity 3 We review de novo the district court's denial of a qualified immunity defense. Act Up!/Portland v. … Bagley, 988 F.2d 868, 871 (9th Cir. 1993). 4 To determine whether an official is entitled to qualified immunity, a court must determine (1) whether the right allegedly violated was "clearly established" at the time of the

Bollinger v. Oregon

305 F. App'x 344 · Court of Appeals for the Ninth Circuit · Dec 11, 2008

The district court did not err in precluding Bollinger’s proposed witnesses from testifying about whether the law was clearly established. See Act Up.!/Portland v. … Bagley, 988 F.2d 868, 873 (9th Cir.1993) (“The threshold determination of whether the law governing the conduct at issue is clearly established is a question of law for the court.”).

Sanders Ex Rel. Estate of Sanders v. Howze

177 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Jun 14, 1999

Under the qualified immunity doctrine, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates clearly established … To overcome the defendants' qualified immunity, plaintiffs must establish that the defendants' conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known.

Robert N. Kissell and Beverly J. Kissell v. Sheldon A. Breskow

579 F.2d 425 · Court of Appeals for the Seventh Circuit · Jul 18, 1978

grievance against Terry. 4 *429 Though this court has not heretofore considered whether an officer of a state body charged with disciplining attorneys is clothed with either quasi-judicial or qualified immunity, guidance … Our holding that quasi-judicial immunity applies to Breskow’s actions herein, makes it unnecessary to consider the Kissells’ arguments respecting qualified immunity.

Rodriguez v. MARICOPA CTY. COMMUNITY COLLEGE DIST.

605 F.3d 703 · Court of Appeals for the Ninth Circuit · May 20, 2010

Qualified Immunity [1] It’s clearly established in our circuit that public employees are entitled under the Equal Protection Clause to be free of purposeful workplace harassment on the basis of protected status. … was not clearly established.

Schmanke v. U.S. Bureau of Prisons

51 F.3d 286 · Court of Appeals for the Tenth Circuit · Mar 21, 1995

Defendants have asserted the defense of qualified immunity. … We review de novo the district court's determination that qualified immunity should apply. See Dixon v.

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.

Keith Forsyth v. Richard G. Kleindienst, Individually and as Attorney General of the United States, L. Patrick Gray, 3rd, Individually and as Acting Director, Federal Bureau of Investigation, John N. Mitchell, Individually and as Former Attorney General of the United States, John Doe and Richard Roe, Albert Cooper and David Porter. Appeal of John N. Mitchell, Albert Cooper, and David Porter. Keith Forsyth, Plaintiff-Respondent, Hon. Raymond J. Broderick, United States District Judge, Nominal v. Richard G. Kleindienst, John N. Mitchell, Defendant-Petitioner

729 F.2d 267 · Court of Appeals for the Third Circuit · Apr 3, 1984

Determining that the "clearly established" test has not been met, I would find that defendant meets the requirements for qualified immunity and is entitled to judgment. Accordingly, I dissent. 53 * In Forsyth v. … Since "clearly foreshadowed" is a lesser test, Weinberg is additional support for the proposition that the law was not "clearly established."

Neveida Gonzalez v. Tirado-Delgado

Court of Appeals for the First Circuit · Apr 22, 1993

Qualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate "clearly established" statutory or constitutional rights of which … are entitled to don the cloak of qualified immunity.

Estate Of Anthony Sean Phillips, Sr.

455 F.3d 397 · Court of Appeals for the D.C. Circuit · Aug 1, 2006

We conclude that the district court erred in denying Edwards qualified immunity because the Firefighters did not allege the violation of a clearly established constitutional right; that is, even if Edwards's failure to remedy … II. 7 Qualified immunity under section 1983 shields a state or local official from personal liability unless his action violated a "clearly established statutory or constitutional right[ ] of which a reasonable person would

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.

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.

William Hawkins v. Rodney Mitchell

756 F.3d 983 · Court of Appeals for the Seventh Circuit · Jun 23, 2014

established”). … But qualified immunity is not available to the officers as a defense, here or on remand.

Meadowbriar Home for Children, Inc. v. Gunn

81 F.3d 521 · Court of Appeals for the Fifth Circuit · Apr 10, 1996

“In assessing qualified immunity, we engage in a two-step analysis. First, we determine whether a plaintiff has alleged the violation of a clearly established constitutional right under the current state of the law.” … Because the City of Houston is not entitled to the benefit of qualified immunity, Babb v. Dorman, 33 F.3d 472, 475 n.5 (5th Cir. 1994), Meadowbriar need not allege the violation of a clearly established right.

Elias Villalobos v. Louis Picicco

Court of Appeals for the Seventh Circuit · Mar 6, 2026

Clearly Established Law There are two prongs to the qualified immunity analysis. Doe, 75 F.4th at 716. First, courts ask whether officials violated a federal right. Id. … That means courts must not “define clearly established law at too high a level of generality.”