Case law

Grant v. City of Long Beach

315 F.3d 1081 · Court of Appeals for the Ninth Circuit · Dec 16, 2002

Qualified Immunity 27 Officers Watson and Bahash also appeal the district court's denial of their request for qualified immunity as a matter of law. We review this issue de novo. See Janes, 279 F.3d at 886 . … When a police officer asserts qualified immunity, we must apply a two-part analysis under Saucier v.

Rene Valdivia v. Derek Porsch

Court of Appeals for the Eighth Circuit · Jan 6, 2026

We review a grant of summary judgment based on qualified immunity de novo. Michael v. Trevena, 899 F.3d 528, 531 (8th Cir. 2018). … -3- he violated a constitutional right, and (2) that constitutional right was clearly established so that a reasonable officer would know of the right at the time of the alleged

Charles Anthony George v. Thomas Maul

214 F.3d 350 · Court of Appeals for the Second Circuit · Jun 5, 2000

Defendants moved to dismiss plaintiff's complaint asserting qualified immunity, a defense that depends upon whether the right plaintiff asserts is so clearly established that defendants should have known it. … But whether qualified immunity applies depends on whether the right violated was clearly established. See Harlow, 457 U.S. at 818 .

Mitchell, Johnnie v. Randolph, Lonnie

Court of Appeals for the Seventh Circuit · Jun 15, 2000

I The standards under which we assess a claim of qualified immunity are by now well established. See generally Siegert v. Gilley, 500 U.S. 226 (1991); Harlow v. Fitzgerald, 457 U.S. 800 (1982). … We add only a word about the other part of the test for qualified immunity: whether the right in question was clearly established at the time the public official acted.

Alford v. Haner

333 F.3d 972 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

Defendants claimed they were entitled to qualified immunity and had probable cause for the arrest. … The first question under the two-part inquiry for determining whether the officers are entitled to qualified immunity is whether the "law governing the official's conduct [was] clearly established." Act-Up!/Portland v.

Robinson v. Township of Redford

48 F. App'x 925 · Court of Appeals for the Sixth Circuit · Oct 17, 2002

In addition to denying that the plaintiff has stated a claim under Section 1983, the defendants Diprima and Turner have asserted the affirmative defense of qualified immunity. … Immunity In a civil action for monetary damages, a state actor may assert the affirmative defense of qualified immunity for “discretionary acts that do not violate clearly established [federal] statutory or constitutional

Ali v. Howard

353 F. App'x 667 · Court of Appeals for the Third Circuit · Nov 16, 2009

Qualified immunity shields these defendants in their individual capacities from damages suits so long as their conduct does “not violate clearly established statutory or constitutional rights of which a reasonable person … We agree, based on the discussion above, that the state defendants are entitled to qualified immunity because them conduct did not rise to constitutional violations. See Pearson v.

Rish v. Johnson

131 F.3d 1092 · Court of Appeals for the Fourth Circuit · Dec 18, 1997

A. 6 Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that "their conduct does not violate clearly established statutory or constitutional … However, for ease of discussion, we consider the state of law at the end of the period at issue, reasoning that if the law was not so clearly established in 1992 that the prison officials were not entitled to qualified immunity

Jarovits v. Monroe County Children & Youth Services

345 F. App'x 784 · Court of Appeals for the Third Circuit · Sep 21, 2009

The Bayer Court held that “under the ‘clearly established’ prong of the Saucier test, defendants should be afforded qualified immunity with respect to [the plaintiffs’ procedural due process] claim.” … qualified immunity.

Alexander ex rel. Estate of Quade v. City & County of San Francisco

29 F.3d 1355 · Court of Appeals for the Ninth Circuit · Jul 8, 1994

The determination of qualified immunity necessitates three inquiries: (1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so “clearly established” as to alert a … Defendants argue that they are entitled to qualified immunity because Quade had “no clearly established constitutional or statutory right ... not to have police officers accompany health inspectors executing a forcible entry

Renata Singleton v. Leon Cannizzaro, Jr., e

956 F.3d 773 · Court of Appeals for the Fifth Circuit · Apr 21, 2020

Instead, he is given the same immunity a police officer would have: qualified immunity. Id. … identified suspect, not to identify a suspect or establish probable cause.”

Barajas v. Michigan Dept. of Corrections

21 F.3d 427 · Court of Appeals for the Sixth Circuit · Mar 17, 1994

immunity from civil suit in this action. … For a right to have been clearly established something more than a general constitutional right such as due process must have been recognized, that is, the right must have been established in a "more particularized" sense

Hosty, Margaret v. Carter, Patricia

Court of Appeals for the Seventh Circuit · Jun 20, 2005

Only if the answer is affirmative does the court inquire whether the official enjoys qualified immunity. … Finally, I disagree with the majority’s conclusion that Dean Carter is entitled to qualified immunity.

Shelby Riggs v. Commonwealth of Kentucky

734 F.2d 262 · Court of Appeals for the Sixth Circuit · May 1, 1984

However, a qualified immunity would not be available to the official “if he knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the Constitutional rights … The district court found it unnecessary to further address the issue of a qualified immunity because plaintiffs had failed to establish the deprivation of a Constitutional right. We agree.

Albin A. Rhomberg v. Pete Wilson, Governor, Russell W. Colliau, Marty Wilson, Bob White, Pete Wilson for Governor Campaign Committee, Pete Wilson Inaugural Committee, P. Dowden, Duane Lowe, R. Bartucco, J.E. Everett, P.D. Harder, W.E. MacDonald A. Perez, D.H. Peters, Daniel E. Lungren, Attorney General, State of California, City of Sacramento, Peter Ostergar, James Pennell, Monty Hensley, Karen McGagin Tom Cooper, Gregory Twilling, John Burns, Michael Burns, Theresa Reali, Scott Kiley, Jack Cooke, Joseph Scheidler Estate of John Szabo v. Pete Wilson, Governor, Russell W. Colliau, Marty Wilson, Bob White, Pete Wilson for Governor Campaign Committee, Pete Wilson Inaugural Committee, P. Dowden, Duane Lowe, R. Bartucco, J.E. Everett, P.D. Harder, W.E. MacDonald a Perez, D.H. Peters, Daniel E. Lungren, Attorney General, State of California, City of Sacramento, Peter Ostergar, James Pennell, Monty Hensley, Karen McGagin Tom Cooper, Gregory Twilling

108 F.3d 339 · Court of Appeals for the Ninth Circuit · Feb 18, 1997

immunity because they relied upon clearly established law and could have believed as reasonable officers that their conduct was lawful. … /Portland, 988 F.2d at 871 (police officers who objectively believe that their conduct is lawful in light of clearly established principles are immune from civil damages); Fuller v. M.G.

Scotch v. Letsinger

593 F. App'x 276 · Court of Appeals for the Fifth Circuit · Nov 14, 2014

Letsinger and the County asserted the defense of qualified immunity. The district court stayed discovery pending its resolution of the qualified immunity defense. … “[Wjhen a defendant invokes the defense of qualified immunity, the burden is on the plaintiff to demonstrate the inapplicability of the defense.” 7 To determine whether qualified immunity applies, we consider (1) whether

Lempar v. Collier

710 F. App'x 231 · Court of Appeals for the Fifth Circuit · Jan 31, 2018

established law that overcomes a qualified immunity defense, Pearson v. … A denial of qualified immunity must identify factual disputes tied to a particular defendant that overcome the immunity defense. Meadours v. Ermel, 483 F.3d 417, 422 (5th Cir. 2007).

Joseph E. Lima v. United States

708 F.2d 502 · Court of Appeals for the Tenth Circuit · Jun 6, 1983

The first witness called by defendant was Sara-lee McGroarty, a clinical neurologist qualified as an expert in neurology. It was Dr. … These clerical personnel did not consider the clinical picture, nor were they qualified to do so, in deciding whether all of the cases were in fact GBS. Dr.

Reyes v. City of Richmond TX

287 F.3d 346 · Court of Appeals for the Fifth Circuit · Mar 28, 2002

Officer Cox moved for summary judgment based on qualified immunity. … Importantly, even when all objective facts are viewed in a light most favorable to the Plaintiffs, qualified immunity is clearly not overcome. The court thus has jurisdiction. . . .”

Copan Italia Spa v. Puritan Medical Products Company LLC

101 F.4th 847 · Court of Appeals for the Federal Circuit · May 14, 2024

Clearly, the district court is contemplating further liti- gation will be necessary before a conclusive determination can be reached as to whether immunity is available to Pu- ritan in this case. … This is not a “con- clusive determination” of the immunity issue. Our conclusion is supported by Supreme Court prece- dent arising in the similar context of qualified immunity for government officials.