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  • 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.

    Cited 71 timesPublished
  • Hason v. Medical Board of California

    279 F.3d 1167 · Court of Appeals for the Ninth Circuit · Feb 12, 2002

    In so holding, the District Court failed to recognize the long-established exception to Eleventh Amendment immunity carved out by Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908). … Hason adequately alleges that he is a qualified individual with a disability. See Love v.

    Cited 8 timesPublished
  • Lowth v. Town of Cheektowaga

    82 F.3d 563 · Court of Appeals for the Second Circuit · May 3, 1996

    Discussion The doctrine of qualified immunity shields government employees acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their conduct violated clearly established rights of which … Since it is not disputed here that freedom from false arrest, from malicious prosecution, and from the use of excessive force are all clearly established rights, see Cook v.

    Cited 113 timesPublished
  • Kenneth Mann v. Palmerton Area School District

    Court of Appeals for the Third Circuit · Sep 21, 2017

    In addressing the clearly established prong of the qualified immunity inquiry, we must define the right allegedly violated at the appropriate level of specificity. Sharp v. … Even if support is lacking there, a “robust consensus of cases of persuasive authority in the Court[s] of Appeals could clearly establish a right for purposes of qualified immunity.”

    Cited 0 timesPublished
  • International Ground Transportation v. Mayor and City Council of Ocean City, Maryland

    475 F.3d 214 · Court of Appeals for the Fourth Circuit · Jan 22, 2007

    qualified immunity defense. … Entitlement to qualified immunity is a legal question to be decided to the court, although factual issues underlying the qualified immunity analysis may be submitted to a jury Willingham v.

    Cited 46 timesPublished
  • Andrew Carman v. Jeremy Carroll

    749 F.3d 192 · Court of Appeals for the Third Circuit · May 15, 2014

    Under the qualified immunity doctrine, government 12 officials are shielded from civil liability for conduct that does not violate clearly established constitutional or statutory rights … Qualified immunity is applicable unless [his] conduct violated a clearly established constitutional right.” See id. at 232 (internal citations and quotation marks omitted).

    Reversed on other grounds by Carroll v. Carman, 135 S. Ct. 348 (2014)Cited 5 timesPublished
  • Liebson v. New Mexico Corrections Department

    73 F.3d 274 · Court of Appeals for the Tenth Circuit · Jan 2, 1996

    ." 4 The question presented by this appeal is whether the district court erred in denying qualified immunity to the individual defendants on Ms. … Accordingly, we find White and Wood wholly insufficient to establish that defendants' actions were clearly prohibited. 23 For the reasons set forth above, the decision of the district court denying qualified immunity to defendants

    Cited 0 timesPublished
  • Glen Harris v. JohnMichael O'Hare

    Court of Appeals for the Second Circuit · Nov 24, 2014

     doctrine of qualified immunity, a government official 17 performing discretionary functions is shielded from liability for civil damages if 18 his conduct did not violate clearly established rights or if it would have … ‘clearly established’ at the 16 time of the violation.” 

    Cited 0 timesPublished
  • 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.

    Cited 0 timesPublished
  • Hager v. Pike County Board of Education

    286 F.3d 366 · Court of Appeals for the Sixth Circuit · Mar 29, 2002

    Under the doctrine of qualified immunity, “government officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, defendants are not entitled to qualified immunity and summary judgment is inappropriate. III.

    Cited 6 timesPublished
  • Washington v. City of North Las Vegas

    161 F. App'x 637 · Court of Appeals for the Ninth Circuit · Dec 12, 2005

    We therefore do not reach the question of whether the constitutional right was clearly established. See Saucier v. … Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (establishing a two-pronged test for determining whether a public official is entitled to qualified immunity). .

    Cited 1 timesPublished
  • 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.

    Cited 8 timesPublished
  • Jurasek v. Utah State Hospital

    158 F.3d 506 · Court of Appeals for the Tenth Circuit · Oct 14, 1998

    Qualified immunity protects government officials “performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … right was clearly established at the time of the controverted conduct.

    Cited 59 timesPublished
  • Terrance Huff v. Michael Reichert

    Court of Appeals for the Seventh Circuit · Mar 10, 2014

    Discussion  The  doctrine  of  qualified  immunity  “protects  govern‐ ment officials ‘from liability for civil damages insofar as their  conduct does not violate clearly established statutory or con‐ stitutional  rights …   defendant’s]  qualified  immunity  defense,”  the  facts asserted by the plaintiffs make out a violation of clearly  established  law. 

    Cited 0 timesPublished
  • Paxman v. Campbell

    612 F.2d 848 · Court of Appeals for the Fourth Circuit · Jan 2, 1980

    We hold that the defense of qualified immunity applies to this case and is sustained as a matter of law. *856 In Wood v. … Implicit in the idea that officials have some immunity — absolute or qualified — for their acts, is a recognition that they may err.

    Cited 52 timesPublished
  • 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.

    Cited 81 timesPublished
  • Mark Charlton-Perkins v. Univ. of Cincinnati

    Court of Appeals for the Sixth Circuit · Aug 5, 2026

    Qualified immunity provides government officials immunity from suits for civil damages when their conduct does not violate clearly established statutory or constitutional rights. Pearson v. … Petren and Uetz are entitled to qualified immunity because Charlton-Perkins has not carried his burden of providing caselaw clearly establishing the constitutional right at issue. See Sexton, 18 F.4th at 184.

    Cited 0 timesPublished
  • Mother Goose Nursery Schools, Inc. v. Sendak

    770 F.2d 668 · Court of Appeals for the Seventh Circuit · Aug 14, 1985

    There are two kinds of immunity: qualified and absolute. … Qualified immunity, while also an immunity from suit, arises from the facts of the particular case and is granted to government officials performing discretionary functions and whose “conduct does not violate clearly established

    Cited 29 timesPublished
  • Orff v. United States

    358 F.3d 1137 · Court of Appeals for the Ninth Circuit · Feb 18, 2004

    The Barcellos judgment does not qualify the farmers for the § 390uu waiver of sovereign immunity, either. … Nor do the farmers qualify for the waiver of sovereign immunity under § 390uu.

    Cited 38 timesPublished

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