Case law

Frye v. Kansas City Missouri Police Department

375 F.3d 785 · Court of Appeals for the Eighth Circuit · Jul 26, 2004

If so, the next inquiry “is to ask whether the right was clearly established.” Id. … Indeed, the Seventh Circuit recently stated that “[c]onsulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity.” Kijonka v.

Batten v. Gomez

Court of Appeals for the Fourth Circuit · Feb 24, 2003

suit under the doctrine of qualified immunity. … We have reviewed this claim and agree with the dis- trict court that Shuster and Gomez are entitled to qualified immunity on this claim because Shuster and Gomez violated no clearly established right held by Brittany.

Jacqueline Ford v. Edward Moore

237 F.3d 156 · Court of Appeals for the Second Circuit · Jan 26, 2001

Qualified Immunity 23 A defendant official is entitled to qualified immunity if (1) the defendant's actions did not violate clearly established law, or (2) it was objectively reasonable for the defendant to believe that his … actions were objectively unreasonable in light of clearly established law.

Anobile v. Pelligrino

303 F.3d 107 · Court of Appeals for the Second Circuit · Mar 6, 2002

searches of highly regulated areas such as race tracks were not clearly established.” … was prohibited, if the plaintiffs right was not clearly established at the time of the conduct; or (3) if the defendant’s conduct was objectively legally reasonable in light of clearly established law.

Palllottino v. City Of Rio Rancho

31 F.3d 1023 · Court of Appeals for the Tenth Circuit · Aug 4, 1994

The doctrine of qualified immunity gives the Officers qualified immunity in a Sec. 1983 suit unless they violate "clearly established statutory or constitutional rights of which a reasonable person would have known." … Once a defendant to a Sec. 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to qualified immunity.

Holter ex rel. Holter v. City of Pasadena

257 F. App'x 2 · Court of Appeals for the Ninth Circuit · Oct 25, 2007

Government officials enjoy qualified immunity from civil damages unless then* conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … In analyzing whether an official is entitled to qualified immunity, we must address two questions, in a particular order.

William Rainsberger v. Charles Benner

Court of Appeals for the Seventh Circuit · Jan 15, 2019

 established Fourth Amendment law, it denied Benner  qualified immunity.  … We held that the of‐ ficer was entitled to qualified immunity. 

Stella Hull v. Cuyahoga Valley Joint Vocational School District Board of Education

926 F.2d 505 · Court of Appeals for the Sixth Circuit · Mar 20, 1991

Qualified immunity protects a public official from *512 personal liability for civil damages insofar as his or her conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person … When the issue of qualified immunity is raised, “the plaintiff is obliged to present facts which if true would constitute a violation of clearly established law.” Dominque v.

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. 

Kimberly Gaetano v. United States

994 F.3d 501 · Court of Appeals for the Sixth Circuit · Apr 9, 2021

For taxpayers whose information is identified in a qualifying third-party IRS summons, § 7609 establishes notice procedures and a limited means of challenging the summons. See id. § 7609(a)-(b), (c)(2). … States’ sovereign immunity—is not accorded jurisdictional status unless “Congress has ‘clearly state[d]’ as much.”

Paul C. Murray v. Theodore M. Gardner, Special Agent, Federal Bureau of Investigation

741 F.2d 434 · Court of Appeals for the D.C. Circuit · Aug 14, 1984

Under the Harlow standard for official immunity, if "the law was not clearly established at the time the contested conduct occurred, the inquiry ceases.” Zweibon v. Mitchell, 720 F.2d 162, 168 (D.C.Cir.1983). … The essence of qualified immunity is the necessity of protecting government officials from charges that they knowingly violated standards that were in fact unknowable.

William Douglas Carter v. William T. Burch Vernon Beamer, and John R. Isom Jeffrey Brown

34 F.3d 257 · Court of Appeals for the Fourth Circuit · Sep 9, 1994

only be granted qualified immunity for giving advice to the police. … In either situation, Burch was clearly protected by absolute immunity.

Edward King, Also Known as Edward Kerr v. Michael MacRi Edward Kondek, Rudolf Marrero, Ann Tyler

993 F.2d 294 · Court of Appeals for the Second Circuit · May 5, 1993

Qualified immunity Finally, defendants argue that they are entitled to qualified immunity from each of plaintiffs claims. … Conceding that King’s relevant rights were clearly established, they claim it was objectively reasonable for them to believe that they did not violate those rights.

William Rainsberger v. Charles Benner

Court of Appeals for the Seventh Circuit · Jan 15, 2019

 established Fourth Amendment law, it denied Benner  qualified immunity.  … We held that the of‐ ficer was entitled to qualified immunity. 

San Gerónimo Caribe Project, Inc. v. Acevedo-Vilá

650 F.3d 826 · Court of Appeals for the First Circuit · Jun 17, 2011

"Officials are entitled to qualified immunity unless (1) 'the facts that a plaintiff has alleged or shown make out a violation of a constitutional right' and (2) 'the right at issue was "clearly established" at the time … Still, the second prong of qualified immunity--whether the right at issue was clearly established--remains to be addressed.

Linda Moser v. Etowah Police Dep't

27 F.4th 1148 · Court of Appeals for the Sixth Circuit · Mar 3, 2022

In the alternative, the district court ruled that Davis was entitled to qualified immunity because it was not clearly established that either action constituted excessive force. … Moser finally contends that the district court erroneously granted qualified immunity to the City of Etowah.

Jose A. Sonoda v. Antonio R. Cabrera

255 F.3d 1035 · Court of Appeals for the Ninth Circuit · Jul 3, 2001

Qualified Immunity 23 The individual defendants, to the extent they have been sued in their individual capacities for violation of§ 1983, have raised qualified immunity as an affirmative defense. … Because Sonoda has established a constitutional violation based upon due process, it is necessary to determine whether the defendants are entitled to qualified immunity.

Broidy Capital Management, LLC v. State of Qatar

982 F.3d 582 · Court of Appeals for the Ninth Circuit · Dec 2, 2020

In establishing such exceptions, the FSIA generally codifies the so-called “restrictive theory” of sovereign immunity, under which immunity “is recognized with regard to sovereign or public acts (jure imperii) of a state, … a foreign state is not entitled to immunity.”). 2 There is, of course, no dispute that the State of Qatar qualifies as a “foreign state” for purposes of the FSIA, and it is therefore immune from jurisdiction here unless

Jordan v. Town of Waldoboro

943 F.3d 532 · Court of Appeals for the First Circuit · Nov 27, 2019

"[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the … be protected by qualified immunity if plaintiffs satisfied the Franks test).

John B. Preston v. John L. Smith, David Bland and Donald Bordenkircher

750 F.2d 530 · Court of Appeals for the Sixth Circuit · Dec 19, 1984

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … Thus defendant Bordenkircher is also entitled to qualified immunity on plaintiff’s eighth amendment charge.