Case law

Dunklin v. Mallinger

611 F. App'x 436 · Court of Appeals for the Ninth Circuit · Aug 3, 2015

The district court granted summary judgment for the defendants on grounds of qualified immunity, holding that while a jury could find that the force was excessive, the law was not sufficiently clearly established, given the … The officers were entitled to qualified immunity.

Thompson v. Duke

882 F.2d 1180 · Court of Appeals for the Seventh Circuit · Aug 14, 1989

Cross, 635 F.2d 476, 481 (5th Cir.1981) (not addressing an absolute immunity claim, but stating that parole board members enjoy qualified immunity); Thompson v. … In Morrissey , the Supreme Court established certain procedures which must be observed for revocation of parole. The Court did not consider any claims of immunity, either absolute or qualified.

Lewellen v. Raff

843 F.2d 1103 · Court of Appeals for the Eighth Circuit · Apr 4, 1988

The court found that the prosecutors were entitled to qualified immunity, however, because their conduct did not violate any clearly established law. … In such a case, it cannot be said that the *1116 statute represented “clearly established” law.

Tyrone Petties v. Imhotep Carter

836 F.3d 722 · Court of Appeals for the Seventh Circuit · Aug 25, 2016

Qualified Immunity Inappropriate at Summary Judgment Stage While the district court did not reach the issue, in the proceedings below, *734 the defendants pursued the additional argument that they were entitled to qualified … Obaisi knew that the course of treatment they were pursuing was inadequate to meet Petties’s serious medical needs, such conduct violates clearly established law under the Eighth Amendment.

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

Charles T. Coleman, Sr. v. Michael C. Turpen, District Attorney Bill Vinzant, Sheriff Keifer Wrecker Service

697 F.2d 1341 · Court of Appeals for the Tenth Circuit · Jan 13, 1983

Coleman’s allegations, Sheriff Vinzant has only a qualified immunity from liability. The prosecutor, Mr. … Turpén, has an absolute immunity with respect to the cash, but only a qualified immunity with respect to the camper and the tools.

Craig Chestnut v. City of Lowell

305 F.3d 18 · Court of Appeals for the First Circuit · Sep 20, 2002

Rather, the district judge clearly meant, in the term used in United States v. … We treated a late-filed interposition of qualified immunity in the same fashion in Lewis v. Kendrick, 944 F.2d 949, 953 (1st Cir.1991).

Harry Kenneth Clark v. Library of Congress

750 F.2d 89 · Court of Appeals for the D.C. Circuit · Dec 24, 1984

In establishing the Mt. … Since this is not a Bivenstype action, we need not address the question of qualified immunity. 31 .

Andrews v. City of West Branch

454 F.3d 914 · Court of Appeals for the Eighth Circuit · Sep 1, 2006

We next consider Knight’s claim of qualified immunity. … clearly established on the date of the incident.

Grajales v. Puerto Rico Ports Authority

831 F.3d 11 · Court of Appeals for the First Circuit · Jul 26, 2016

Circuit did state that an entity that does not otherwise qualify as an arm of the state may nevertheless be immune "in a particular case if the entity was acting as an agent of the State or if the State would be obligated … See Amicus Br. of Com. of P.R. at 10-11, FMC, 531 F.3d 868, 2007 WL 2344794 (indicating that § 2303(b) operates within the sovereign immunity framework established by P.R.

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

David Holzemer v. City of Memphis

Court of Appeals for the Sixth Circuit · Sep 15, 2010

She further argues that if the conversation were protected petitioning, she would be entitled to qualified immunity because that right was not clearly established. … For the foregoing reasons, we affirm the district court’s denial of qualified immunity.

Risbridger v. East Lansing

275 F.3d 565 · Court of Appeals for the Sixth Circuit · Jan 4, 2002

Three other circuits, on the other hand, have held that a right to refuse to identify oneself during a valid Terry stop was not clearly established for purposes of qualified immunity. See Oliver v. … Because the right must have been clearly established at the time the officer acted in order to defeat the claim to qualified immunity, we do not discuss the reasoning of these cases. 6 The district court also relied on a

Melton v. Phillips

837 F.3d 502 · Court of Appeals for the Fifth Circuit · Sep 14, 2016

The Hampton court denied qualified immunity to the single officer who actually prepared the affidavit in support of a warrant and presented it to the judge. Id. at 364 . … However, citing Michalik , the court granted qualified immunity to the other officers because they neither signed the affidavit nor prepared the warrant application.

Richard Wertish v. Norman D. Krueger

Court of Appeals for the Eighth Circuit · Jan 9, 2006

Qualified immunity shields police officers from liability for civil damages where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier v. Katz, 533 U.S. 194, 201 (2001).

Mary Lou Smith Greg Smith v. Honorable Andrew N. Frye, Jr.

488 F.3d 263 · Court of Appeals for the Fourth Circuit · May 18, 2007

Under the doctrine of qualified immunity, government officials are generally immune “from liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable … Smith could state a claim under Elrod, Judge Frye would be entitled to qualified immunity. It is not "clearly established" that Ms.

Leslie Fisher v. Randall Jordan

91 F.4th 419 · Court of Appeals for the Sixth Circuit · Jan 18, 2024

Begin with the question of whether qualified immunity shields the officers from Leslie’s federal constitutional claims. Overcoming an assertion of qualified immunity requires Leslie to make a two-part showing. … Governmental immunity, an affirmative defense under Michigan law, shares some similarities with the federal qualified immunity doctrine.

Gerald H. Groenewold, Ph.D. v. Robert O. Kelley, Ph.D.

888 F.3d 365 · Court of Appeals for the Eighth Circuit · Apr 24, 2018

Bailey, 702 F.3d 444, 447 (8th Cir. 2012) (stating that “a right is clearly established if the contours of the right are sufficiently clear that a reasonable official would understand that what he is doing violates that right … immunity.

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.

Herb Hallman Chevrolet, Inc. v. Nash-Holmes

169 F.3d 636 · Court of Appeals for the Ninth Circuit · Mar 3, 1999

This Court also reviews de novo the district court’s decision to afford public officials qualified or absolute immunity. See Hervey, 65 F.3d at 788 . … A prosecutor may only shield his investigative work with qualified immunity. See Buckley v. Fitzsimmons, 509 U.S. 259, 273 , 113 S.Ct. 2606, 2615 , 125 L.Ed.2d 209 (1993).