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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.”
Cited 71 timesPublished207 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.
Cited 102 timesPublishedAlvarez-Machain v. United States
107 F.3d 696 · Court of Appeals for the Ninth Circuit · Sep 24, 1996
The district court allowed the action to proceed on conduct by DEA agents acting within the United States, however, holding that the alleged conduct, if proved, clearly violated established constitutional rights. … DEA Agents Qualified Immunity Pre-trial detainees possess a clearly established right to be free from punishment. Bell v. Wolfish 441 U.S. 520, 534-37 , 99 S.Ct. 1861, 1871-73 , 60 L.Ed.2d 447 (1979).
Overruled — as noted by a later courtCited 249 timesPublished891 F.2d 591 · Court of Appeals for the Sixth Circuit · Jan 19, 1990
immunity" from damages by violating "clearly established" rights protected by the Due Process Clause. 2 The Supreme Court's recent decision in Will v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court predicted that qualified immunity would "permit the resolution of many insubstantial claims on summary judgment."
Cited 32 timesPublishedKerman v. The City Of New York
374 F.3d 93 · Court of Appeals for the First Circuit · Jun 28, 2004
Id. at *1, *8 . 62 In ruling that Crossan was entitled to qualified immunity, the district court held both that "Crossan's actions did not violate clearly established law" and that "it was objectively reasonable for Defendant … Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 71 As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights,
Cited 1 timesPublishedDoris Andrews and Otis Andrews v. Thomas H. Wilkins, Individually and in His Official Capacity
934 F.2d 1267 · Court of Appeals for the D.C. Circuit · May 31, 1991
Qualified immunity is available to federal and state officials charged with constitutional torts so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly, the claimants made out a valid claim for a constitutional tort, against which the Deputy lacked qualified immunity.
Cited 35 timesPublished570 F.3d 443 · Court of Appeals for the First Circuit · Jun 30, 2009
Qualified Immunity Plaintiffs additionally claim that the district court erred in finding that Defendants were entitled to qualified immunity as to Plaintiffs' claims for compensatory … Ct. 808, 818 (2009) (establishment of constitutional violation unnecessary when other prongs are established in order to find qualified immunity).
Cited 105 timesPublished836 F.2d 209 · Court of Appeals for the Fourth Circuit · Dec 28, 1987
Since the therapists in this case were clearly competent, indeed, highly qualified, and acted in entire good faith, the district judge entered judgment for the United States. 644 F.Supp. 1074 (M.D.N.C.1986). … Established doctrine would permit recovery for negligence in the release of a previously committed person known to be dangerous, but the legislature provided qualified immunity even in that situation; m this case, the plaintiff
Cited 21 timesPublished71 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.
Cited 56 timesPublished292 F.3d 982 · Court of Appeals for the Ninth Circuit · Jun 6, 2002
By way of analogy to qualified immunity cases, if the district court had denied the motion to dismiss on absolute immunity grounds and this court affirmed, a motion for summary judgment on immunity grounds could nonetheless … Id. at 526 , 105 S.Ct. 2806 (recognizing that "[u]nless 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
Cited 4 timesPublishedGulley v. Elizabeth City Police Department
340 F. App'x 108 · Court of Appeals for the Third Circuit · Jul 27, 2009
The Court reasoned that, if Gulley’s account was correct, the Officers were not entitled to qualified immunity as it was clearly established that the “beating an unarmed suspect, multiple times on the face and head while … a violation of a clearly established constitutional right.”
Cited 0 timesPublished21 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.”
Vacated on other grounds by Harleston v. Jeffries, 513 U.S. 996 (1994)Cited 42 timesPublished238 F.3d 25 · Court of Appeals for the First Circuit · Jan 19, 2001
right at issue was not clearly established under Harlow v. … In contrast with their other arguments, defendants did not waive the qualified immunity argument. 13 However, defendants based their immunity argument primarily on the contention that no clearly established right was involved
Cited 0 timesPublished83 F. App'x 770 · Court of Appeals for the Sixth Circuit · Dec 9, 2003
The court evaluates qualified immunity claims using a three-part inquiry. … If the plaintiffs allegations do not establish a constitutional violation, then it is not necessary for the court to make any further inquiries with respect to qualified immunity. Saucier v.
Cited 1 timesPublishedDistrict of Columbia v. Donald Trump
959 F.3d 126 · Court of Appeals for the Fourth Circuit · May 14, 2020
In Jenkins, the district court expressly and clearly refused to rule on the defendant’s qualified immunity claim. See 119 F.3d at 1159. … In each of them, unlike the case at hand, the district court clearly denied an immunity claim.
Cited 5 timesPublishedNoel 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.
Cited 21 timesPublished210 F.3d 1033 · Court of Appeals for the Ninth Circuit · Apr 28, 2000
As to the other defendants, we hold that Hollister, a faculty member at PSU, had a clearly established right to speak freely on public educational issues and that it was, therefore, error to recognize qualified immunity on … The district court granted the defendants qualified immunity, giving two reasons.
Cited 2 timesPublishedWages v. Internal Revenue Service
915 F.2d 1230 · Court of Appeals for the Ninth Circuit · Oct 9, 1990
Finally, the defendants are clearly entitled to qualified immunity, since no prior decisions from our circuit have clearly established any of the constitutional rights alleged to have been violated in the amended complaint … Kelly, 858 F.2d 571, 573 (9th Cir.1988) (listing qualified immunity standard); see also Bothke v.
Cited 239 timesPublishedMahle v. Municipality of Anchorage
313 F. App'x 18 · Court of Appeals for the Ninth Circuit · Aug 29, 2008
Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that second element of qualified immunity test is whether the law violated was clearly established). 3. … Because Crocker was not clearly established law at the time they acted, they too are protected by qualified immunity. 2 The judgment of the district court is AFFIRMED.
Cited 0 timesPublishedMahle v. Municipality of Anchorage
313 F. App'x 18 · Court of Appeals for the Ninth Circuit · Aug 29, 2008
Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that second element of qualified immunity test is whether the law violated was clearly established). 3. … Because Crocker was not clearly established law at the time they acted, they too are protected by qualified immunity. 2 The judgment of the district court is AFFIRMED.
Cited 0 timesPublished
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