Case law

Stanley Sylvester Harris v. Richard Young, Terrell Don Hutto

718 F.2d 620 · Court of Appeals for the Fourth Circuit · Aug 16, 1983

The District Court granted Hutto’s and Young’s motion for summary judgment, holding that they were entitled to qualified immunity under Procunier v. Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978). … Most recently in Harlow, supra, the Supreme Court discussed the immunity to be given to public officials, and applying that analysis in this case we agree with the District Court that Hutto did not violate the “clearly established

James Hill v. Jeanne Dunaway

Court of Appeals for the Eleventh Circuit · Aug 12, 2015

Qualified immunity, however, offers complete protection for individual government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … A right may be clearly established for qualified immunity purposes in one of three ways: “(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within

Anthony Gant v. Daniel Hartman

Court of Appeals for the Seventh Circuit · May 14, 2019

Benner, 913 F.3d 640, 643 (7th Cir. 2019) (affirming denial of qualified immunity). … Officer Hartman claims that he is entitled to qualified im- munity because his actions did not violate Gant’s constitu- tional rights and, even if they did, those rights were not clearly established on or before August 23,

Nicholas v. Celia, Jr. v. William C. O'Malley and Joseph P. Gaughan

918 F.2d 1017 · Court of Appeals for the First Circuit · Nov 16, 1990

Administrative and Investigatory Functions With respect to prosecutorial functions outside the judicial realm, the scope of immunity is less clearly defined. … Thus, whether or not qualified immunity would protect the prosecutors in this instance, Celia’s complaint fails to state a federal cause of action against defendants based on their involvement in the investigation. III.

Schmelz v. Monroe County

954 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Feb 19, 1992

Good faith qualified immunity is a doctrine that protects government employees from suit for actions that " 'legitimately require action in which clearly established rights are not implicated' " and the public interest would … Once qualified immunity is asserted by the defendants, the plaintiff must show that the law was clearly established that the defendants' acts rose to the level of "deliberate indifference." Edwards, 867 F.2d at 1275 .

Tiscareno v. Anderson

Court of Appeals for the Tenth Circuit · Mar 14, 2011

Because such an obligation was not clearly established, we conclude that Anderson was entitled to qualified immunity. … Anderson is entitled to qualified immunity because he acted reasonably in light of clearly established law.

Robert Escalera v. Glenna Lunn, Individually, Louis Crisci, Individually, Rocco A. Pozzi, Individually, and the County of Westchester, New York

361 F.3d 737 · Court of Appeals for the Second Circuit · Mar 18, 2004

Such “jurisdiction is nevertheless limited to circumstances where the qualified immunity defense may be established as a matter of law.” Cartier v. Lussier, 955 F.2d 841, 844 (2d Cir.1992). … qualified immunity.

Harman v. Pollock

446 F.3d 1069 · Court of Appeals for the Tenth Circuit · May 2, 2006

(2) the constitutional or statutory right was clearly established when the alleged violation occurred.” … “‘The law is clearly established when a Supreme Court or Tenth Circuit decision is on point, or if the clearly established weight of authority from other courts shows that the right must be as plaintiff maintains.’”

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.

Kornegay v. Cottingham

120 F.3d 392 · Court of Appeals for the Third Circuit · Jul 23, 1997

The district court granted defendants' motion for summary judgment based upon their assertion of qualified immunity. … Qualified immunity turns on the reasonableness of the officers' belief that their conduct was legal not its legality per se.

King David and Virginia C. David v. Sheldon Cohen

407 F.2d 1268 · Court of Appeals for the D.C. Circuit · Jan 10, 1969

It is well established that public officers are immune from civil suits for money damages for negligent, non-ministerial acts committed by them while acting within the scope of their au *1271 thority and in discharge of their … These cases generally do not qualify the immunity upon the absence of a proven claim of malice on the part of the official because “it is impossible to know whether the claim is well founded until the case has been tried,

Romeo v. Untalan, Individually and as Administrator of the Estate of Ronnie C. Untalan Corazon Untalan v. City of Lorain

430 F.3d 312 · Court of Appeals for the Sixth Circuit · Dec 7, 2005

whether the right was clearly established must be considered on a more specific level.” … He therefore is entitled to qualified immunity. This analysis finds support in Russo v.

Parella v. Retirement Board of the Rhode Island Employees' Retirement System

173 F.3d 46 · Court of Appeals for the First Circuit · Apr 16, 1999

In some ways the Eleventh Amendment clearly represents a limitation of Article III judicial power. … code denies qualified status to plans with non-employee members.

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 .

Bingue v. Prunchak

Court of Appeals for the Ninth Circuit · Jan 14, 2008

Ct. 1769, 1774 n.2 (2007) (“Qualified immunity is ‘an immunity from suit rather than a mere defense to liability . . . .’ … “On the other hand, if a violation could be made out on a favorable view of the par- ties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Id.

Haddaway v. Ellerbusch

996 F.2d 1211 · Court of Appeals for the Fourth Circuit · Jun 30, 1993

immunity. 2 Ruff appeals that part of the order denying qualified immunity to Ruff. … Id. at 641 . 17 The right to be free from the use by police of excessive force is-and was at the time of the shooting in this case-clearly established in the law.

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.

John McGee v. Jonathon Broz

Court of Appeals for the Eighth Circuit · May 25, 2001

Officials are afforded broad qualified immunity when seeking the issuance of warrants. See Malley v. Briggs, 475 U.S. 335, 344-45 (1986). … -3- official is entitled to qualified immunity we must first determine whether the acts alleged by the plaintiff violated clearly established law. George v. City of St.

Watson v. Schwarzenegger

347 F. App'x 282 · Court of Appeals for the Ninth Circuit · Jun 23, 2009

The district court did not err in determining that the defendants were entitled to qualified immunity on Watson’s fifth and twelfth claims. … Assuming that there was a constitutional violation, the defendants were entitled to qualified immunity because their conduct was not in violation of clearly established law at the time of Watson’s arrest or his parole revocation

Rolon v. Henneman

517 F.3d 140 · Court of Appeals for the Second Circuit · Feb 25, 2008

It further noted that even were Rolon’s claim cognizable, such a right was not clearly established in 2000 when Moskowitz made the allegedly false accusations. … Thus, under the doctrine of qualified immunity, Ro-lon could not prevail against Moskowitz. Id. at 539-40.