Case law
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Sornberger v. City Of Knoxville
434 F.3d 1006 · Court of Appeals for the Seventh Circuit · Jan 20, 2006
However, the qualified immunity doctrine does not protect those who act unreasonably or "who knowingly violate the law." Hunter, 502 U.S. at 228 , 112 S.Ct. 534 . Qualified immunity is, as the term implies, qualified. … Alternatively, the court held that Officers Sheppard and Riley would be protected by qualified immunity because a reasonable officer in their position would not have been on notice that his conduct violated clearly established
Cited 174 timesPublishedMaxwell Kadel v. N.C. State Health Plan
12 F.4th 422 · Court of Appeals for the Fourth Circuit · Sep 1, 2021
It is easy to imagine a statute that clearly abrogates states’ sovereign immunity without clearly setting forth a sovereign immunity waiver (e.g., “Exercising our powers under § 5 of the Fourteenth Amendment, we abrogate … Bank, 527 U.S. at 676, can implicitly establish a waiver of sovereign immunity from private suits brought in federal court.
Cited 21 timesPublishedLevin v. Upper Makefield Township
90 F. App'x 653 · Court of Appeals for the Third Circuit · Mar 8, 2004
Qualified immunity applies so long as the government officials’ “conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … In determining whether qualified immunity applies, a court asks: (1) whether the plaintiff has alleged the deprivation of a constitutional right, and if so, (2) whether the right was clearly established at the time of the
Cited 16 timesPublishedIn re Bouchard Transportation Co. v. Florida Department of Environmental Protection
91 F.3d 1445 · Court of Appeals for the Eleventh Circuit · Aug 20, 1996
School Bd. of Dade County, 981 F.2d 1203 , 1205 (11th Cir.1993) (holding that an order declining to rule on qualified immunity pending trial is immediately appealable). *1448 Like a public official's qualified immunity, a … The fact that Eleventh Amendment immunity, like qualified immunity, is a right to be free from the burdens of litigation also suggests that it should be decided at an early stage.
Cited 51 timesPublished746 F.2d 1370 · Court of Appeals for the Ninth Circuit · Nov 5, 1984
Thus, to qualify for Parker v. … The State of California has plainly established a “clearly articulated and affirmatively expressed” policy that supports Chula Vista’s grant of an exclusive trash hauling contract to CVSS.
Cited 20 timesPublished332 F. App'x 366 · Court of Appeals for the Ninth Circuit · May 11, 2009
Qualified immunity shields law enforcement officers from personal liability unless “the unconstitutionality of the officers’ conduct was clearly established.” Pearson v. … We REVERSE the district court’s order denying Connolly qualified immunity and REMAND for entry of judgment in favor of Connolly.
Cited 0 timesPublishedJohn R. Taylor, Jr. v. Ernest McDuffie Ronnie Lovick
155 F.3d 479 · Court of Appeals for the Fourth Circuit · Sep 3, 1998
The district court granted Defendants’ motion for summary judgment based on its conclusion that Defendants were entitled to qualified immunity. 2 Because any injuries Taylor may have suffered were de minimis, we affirm. … The district court analyzed Taylor’s excessive force claim under the Fourth Amendment and granted Defendants’ motion for summary judgment on qualified immunity grounds.
Overruled in part, on other grounds by Wilkins v. Gaddy, 559 U.S. 34 (2010)Cited 51 timesPublished64 F.3d 567 · Court of Appeals for the Tenth Circuit · Aug 30, 1995
Qualified Immunity 21 In accordance with the approach set forth in Siegert v. … Court case controls the issue or that the clearly established weight of authority supports plaintiff's claim).
Cited 149 timesPublishedSharyl Attkisson v. Eric Holder, Jr.
925 F.3d 606 · Court of Appeals for the Fourth Circuit · May 17, 2019
Defendants Holder and Donahoe also invoked a qualified immunity defense. … To overcome an official's claim of qualified immunity, the plaintiff must show: "(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged
Cited 372 timesPublishedJoseph Olson, Monica Olson, Javier Vargas v. United States
362 F.3d 1236 · Court of Appeals for the Ninth Circuit · Apr 2, 2004
The government bears the burden of establishing that the test is met and that discretionary immunity applies. Miller, 163 F.3d at 594 . … In sum, the government has failed to establish that discretionary immunity applies with respect to either Kirk’s or Var-land’s actions. See Miller, 163 F.3d at 594 .
Cited 5 timesPublishedPolyns Bieregu v. Janet Reno L. Yearby G. Berman, All Employees of Mail Room Staffs
59 F.3d 1445 · Court of Appeals for the Third Circuit · Sep 11, 1995
Even where- a plaintiff can establish a constitutional violation, under the doctrine of qualified immunity government officials will not be liable if “their conduct does not violate clearly established statutory or constitutional … In contrast, if “the law is not established clearly when an official acts, he is entitled to qualified immunity because he ‘could not reasonably be expected to anticipate subsequent legal developments.’”
Abrogated on other grounds by Lewis v. Casey, 518 U.S. 343 (1996)Cited 152 timesPublished798 F.2d 565 · Court of Appeals for the Second Circuit · Jul 31, 1986
insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Where plaintiffs allege the violation of a clearly established Constitutional norm, and that the offensive conduct gave rise to a remedy in damages, qualified immunity is not applicable.
Cited 5 timesPublishedGwendolyn Daniel v. Univ of TX SW Health Systems
960 F.3d 253 · Court of Appeals for the Fifth Circuit · Jun 2, 2020
The Texas Legislature has established both the University of Texas and the UT 1 System. See TEX. EDUC. CODE §§ 65.01–65.461, 67.01–67.62. … Ct. 1327, 1333 (2012) (“A foundational premise of the federal system is that States, as sovereigns, are immune from suits for damages, save as they elect to waive that defense” or Congress has clearly abrogated immunity via
Cited 30 timesPublished99 F.3d 1200 · Court of Appeals for the First Circuit · Oct 21, 1996
And a federal official is qualifiedly immune from suit for an alleged constitutional tort if his "conduct [did] not violate clearly established . . . constitutional rights of which a … An official is qualifiedly immune if his "conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.
Cited 436 timesPublishedCouture Ex Rel. M.C. v. Board of Education of the Albuquerque Public Schools
535 F.3d 1243 · Court of Appeals for the Tenth Circuit · Aug 7, 2008
Willis moved for summary judgment on qualified immunity grounds. … Brady violated M.C.’s clearly established rights when she seized him and placed him in a “closet-like” timeout room without proper procedures.
Cited 78 timesPublished353 F.3d 750 · Court of Appeals for the Ninth Circuit · Dec 24, 2003
immunity analysis. … Jackson’s Claims Against Prison Officials Individually Individual defendants are entitled to qualified immunity unless their alleged conduct violated “clearly established statutory or constitutional rights of which a reasonable
Cited 298 timesPublishedCourt of Appeals for the Sixth Circuit · Sep 9, 2026
Officers are entitled to qualified immunity at summary judgment “when, viewing the facts in the light most favorable to the plaintiff, the challenged conduct did not violate clearly established constitutional rights of which … To overcome a qualified-immunity defense at the summary-judgment stage, Lackey must show that (1) the officers “violated his constitutional rights, and (2) at the time of the violation, it was clearly established that the
Cited 0 timesPublishedIsiah Carl Green v. Dan v. McKaskle Acting Director, Texas Department of Corrections
788 F.2d 1116 · Court of Appeals for the Fifth Circuit · May 5, 1986
Furthermore, the Ruiz order may bear on a qualified immunity defense. A remedial decree affirmed on appeal might be important for purposes of providing notice to prison officials of clearly established rights. … A prison official is entitled to the defense of qualified immunity “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 615 timesPublishedJohn Clevenger v. R.E. Gartner
Court of Appeals for the Eighth Circuit · Dec 27, 2004
Appellees moved for summary judgment, arguing in part that section 650.055.2 afforded immunity to those who collect DNA samples and they were entitled to qualified immunity. … Qualified immunity shields public officials from civil liability and suit unless (1) their conduct violated a constitutional right of the plaintiff- prisoner that was clearly established prior to the time of
Cited 0 timesPublished40 F.3d 287 · Court of Appeals for the Eighth Circuit · Nov 15, 1994
The Magistrate Judge also concluded that the defendants were entitled to qualified immunity, since there was not a clearly established right to wear an extraneous emblem on a fireman's uniform or to call one's superior a … Under the rules of qualified immunity, an official performing discretionary functions will generally be immune from liability unless a reasonable person in his position would have known that his actions violated clearly established
Cited 9 timesPublished
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