Case law

Scotto v. Almenas

143 F.3d 105 · Court of Appeals for the Second Circuit · May 5, 1998

Most executive officials receive qualified immunity, whereby “government officials performing discretionary functions ... are shielded from liability ... insofar as their conduct does not violate clearly established statutory … Qualified Immunity The district court did not. consider, and the parties have not briefed, whether or not Almenas, as alleged by Scotto, violated clearly established constitutional norms of which an objectively reasonable

Harris v. City of Circleville

583 F.3d 356 · Court of Appeals for the Sixth Circuit · Oct 2, 2009

The Court, however, retains jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law. Id. … Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate *365 clearly established

Aldaba v. Marshall County

844 F.3d 870 · Court of Appeals for the Tenth Circuit · Dec 20, 2016

Having further considered our earlier opinion, we now hold that the three law- enforcement officers are entitled to qualified immunity because they did not violate clearly established law. … Addressing only the clearly-established-law prong of the qualified-immunity analysis, the Supreme Court reversed. Id.

Mary Stewart v. City of Euclid

970 F.3d 667 · Court of Appeals for the Sixth Circuit · Aug 14, 2020

Further, even if Rhodes violated Stewart’s constitutional rights, it held those rights were not clearly established as required to deny qualified immunity. … established and that, therefore, Rhodes is not entitled to qualified immunity.

Edward H. Flint, Individually, as Father, Next of Kin, Administrator and Personal Representative of the Estate of Robert Flint v. Kentucky Department of Corrections Jack C. Lewis, Commissioner, Kentucky Department of Corrections Dewey Sowders, Deputy Commissioner, Kentucky Department of Corrections C. Tony Williams, Interim Warden Michael Whisman Tommy Eldridge Richard Gray Sue Montgomery, in Her Capacity as Guardian for James H. Montgomery, James Edgar Underwood Jim Montgomery, Print Shop Supervisor

270 F.3d 340 · Court of Appeals for the Sixth Circuit · Oct 26, 2001

before trial whether the defendant did acts that violate clearly established rights." … were violating a clearly established right of Flint's.Williams, 186 F.3d at 691 .

David Ivey v. Audrain County, Missouri

968 F.3d 845 · Court of Appeals for the Eighth Circuit · Aug 4, 2020

The court today concludes the defendant jail employees are entitled to qualified immunity because it believes Ivey’s father failed to establish a violation of clearly established law related to his son’s death while in custody … Such an approach is required “even when . . . a court decides only the clearly-established prong of the [qualified immunity] standard.” Id.

Melanie Kelsay v. Matt Ernst

933 F.3d 975 · Court of Appeals for the Eighth Circuit · Aug 13, 2019

Qualified immunity shields a government official from suit under § 1983 if his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … The district court rejected Ernst's defense of qualified immunity.

Denno v. School Bd. of Volusia Cty.

182 F.3d 780 · Court of Appeals for the Eleventh Circuit · Jul 26, 1999

QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS Qualified immunity shields government officials from both suit and liability if their conduct violates no clearly established right of which a reasonable person … See Lassiter, 28 F.3d at 1150 (noting that qualified immunity is surrendered only when “pre-existing law” clearly establishes right in question).

Kishna Brown v. Bradley Lewis

779 F.3d 401 · Court of Appeals for the Sixth Circuit · Feb 26, 2015

“Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official's position … Second, the officers seem to interpret Dorsey as establishing additional deference for law-enforcement decision-making, beyond the constitutional and clearly-established prongs of the qualified-immunity

Barbara Walton, Individually and as Next Friend of Courtney Walton and Kamara Walton v. City of Southfield, Keith Birberick, Robert Castleman

995 F.2d 1331 · Court of Appeals for the Sixth Circuit · Jun 10, 1993

However, if genuine issues of material fact exist as to whether the defendants actually did commit acts that would violate a clearly established right, then summary judgment on qualified immunity is improper. Poe v. … The court denied qualified immunity to both officers because of the department policy on searches. Officer Castleman clearly was entitled to qualified immunity.

Roger Poole v. City of Shreveport

691 F.3d 624 · Court of Appeals for the Fifth Circuit · Aug 16, 2012

Marcantel, 567 F.3d 156, 169 (5th Cir.2009) (per curiam) (explaining that an arrestee had a clearly established right to be free from excessive force and that it was clearly established that the force officers could use in … Within this qualified immunity inquiry, the parties dispute only whether Stalnaker’s and Creighton’s respective uses of force were clearly excessive and clearly unreasonable. These inquiries are often intertwined.

Peggy Sigley v. City of Parma Heights

437 F.3d 527 · Court of Appeals for the Sixth Circuit · Feb 10, 2006

Qualified Immunity On appeal, Defendants argue, and the dissent asserts, that even if a constitutional violation occurred, Officer Mockler is entitled to qualified immunity. We disagree. … Qualified immunity protects government officials who perform discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Dawn E. Carter, Now Known as Dawn E. Trojaovich v. Randall Simpson, Now Known as Dudley Randall R. Simpson

328 F.3d 948 · Court of Appeals for the Seventh Circuit · May 13, 2003

The district court granted summary judgment for Simpson, concluding that Simpson had immunity for any alleged negligent conduct and that Simpson’s conduct could qualify as neither willful and wanton nor a deprivation of substantive … Illinois case law is unclear on what conduct by a driver of an emergency vehicle may qualify as willful and wanton.

Oona, R.-S.-, a Minor, by Kate S., Her Guardian, Kate S. And Ken R. v. Patricia McCaffrey Gerald Hill Ronald Lundy

143 F.3d 473 · Court of Appeals for the Ninth Circuit · May 5, 1998

A school counselor appealed from an order denying him qualified immunity on the ground that his alleged conduct in failing to take steps to stop sexual harassment violated clearly established rights under Title IX. … We said that in reviewing a denial of qualified immunity, this court has jurisdiction “ ‘only to decide if defendant’s conduct violated ... clearly established [law.]’” Petaluma, 54 F.3d at 1449 (quoting Pelletier v.

Lee v. GTE Florida, Inc.

226 F.3d 1249 · Court of Appeals for the Eleventh Circuit · Sep 13, 2000

None of Lee’s proffered evidence established that she was more qualified than Hines, let alone so clearly more qualified for the position than Hines that a reasonable juror could infer discriminatory intent from the comparison … Since Lee’s evidence at trial fell far short of establishing that she was clearly more qualified for the position than Hines, Lee did not meet her burden of establishing that Shaffer’s proffered reason for denying her

Irma Woodward v. City of Tucson

870 F.3d 1154 · Court of Appeals for the Ninth Circuit · Sep 15, 2017

We also reverse the district court’s denial of qualified immunity regarding the seizure of and use of force on Duncklee, as it was not clearly established that the Defendants’ actions violated a constitutional right. … As we have said, the qualified immunity analysis has two prongs: (1) whether the facts alleged by the plaintiff establish that a constitutional right of his was violated; and (2) whether that right was “clearly established

Simpson v. Hines

903 F.2d 400 · Court of Appeals for the Fifth Circuit · Jun 19, 1990

Qualified Immunity. … The doctrine of qualified immunity shields a police officer from liability for civil damages when a reasonable officer could have believed that the challenged conduct did not violate clearly established statutory or constitutional

O'Neal Johnson v. Ryan Edwards

Court of Appeals for the Seventh Circuit · Jan 27, 2026

In the context of qualified immunity, if probable cause is arguable, a plaintiff cannot show an officer violated her clearly established right to be free from arrest. … Merits aside, Johnson cannot overcome qualified immun- ity because he has not shown he had a clearly established right to be free from the unbelted car ride he suffered.

Bryant v. CEO DeKalb Co.

575 F.3d 1281 · Court of Appeals for the Eleventh Circuit · Jul 31, 2009

clearly established under § 1981. … Furthermore, even if Drew’s misguided interpretation of the “clearly established” prong of the qualified immunity test was correct, it is well-established in this circuit that claims for retaliation are cognizable pursuant

Peter M. Garvie v. Charles O. Jackson and George W. Wheeler

845 F.2d 647 · Court of Appeals for the Sixth Circuit · Apr 27, 1988

“[Defendants] have qualified immunity unless plaintiffs’ ‘rights were so clearly established when the acts were committed that any officer in the defendant’s position, measured objectively, would have clearly un *650 derstood … The relevant inquiry for this court, in light of defendants’ claim of qualified immunity, is whether Garvie’s asserted property interest was clearly established.