Case law
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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 timesPublishedHason 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 timesPublished82 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 timesPublishedKenneth 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 timesPublishedInternational 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 timesPublishedAndrew 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 timesPublishedLiebson 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 timesPublishedGlen 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 timesPublishedJarovits 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 timesPublishedHager 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 timesPublishedWashington 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 timesPublishedLeslie 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 timesPublished108 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.
Cited 0 timesUnpublishedJurasek 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 timesPublishedTerrance 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 timesPublished612 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 timesPublished697 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 timesPublishedMark 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 timesPublishedMother 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 timesPublished358 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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