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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 timesPublished
  • Maxwell 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 timesPublished
  • Levin 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 timesPublished
  • In 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 timesPublished
  • Tom Hudson & Associates, Inc., and Tom Hudson v. City of Chula Vista, Sca Services Inc., and Chula Vista Sanitary Service, Inc.

    746 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 timesPublished
  • Hernandez v. City of Salem

    332 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 timesPublished
  • John 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 timesPublished
  • Uhlrig v. Harder

    64 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 timesPublished
  • Sharyl 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 timesPublished
  • Joseph 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 timesPublished
  • Polyns 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 timesPublished
  • Gwendolyn 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 timesPublished
  • Aversa v. United States

    99 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 timesPublished
  • Couture 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 timesPublished
  • Charles R. Jackson v. Tom L. Carey R. Papac, Lt. J. Marshall A. Davis E. Padilla Burton R. Lieberman, Doctor

    353 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 timesPublished
  • Kevin Lackey v. L.T. Hurley

    Court 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 timesPublished
  • Isiah 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 timesPublished
  • John 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 timesPublished
  • Dunn v. Carroll

    40 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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