Case law

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.” 

Anthony Hart v. Hillsdale Cty., Mich.

Court of Appeals for the Sixth Circuit · Sep 3, 2020

To defeat a claim of qualified immunity, the plaintiff must show that the official’s conduct (1) violated a constitutional right that (2) was clearly established. See Cahoo v. … Clearly Established Law Defendants submit that Hart’s false arrest claim nonetheless fails at the second step of the qualified immunity analysis because “the right at issue was [not] ‘clearly established’ when the

Experimental Holdings, Inc. v. Farris

503 F.3d 514 · Court of Appeals for the Sixth Circuit · Sep 25, 2007

of qualified immunity. … The Supreme Court of Kentucky has described qualified official immunity as follows: *522 [W]hen sued in their individual capacities, public officers and employees enjoy ... qualified official immunity, which affords protection

McCoy v. Hernandez

203 F.3d 371 · Court of Appeals for the Fifth Circuit · Feb 17, 2000

Jury Verdict on Qualified Immunity McCoy argues that the district court erred when it submitted the question of whether the officers were entitled to qualified immunity to the jury. … McCoy contends that only the court may decide the qualified immunity issue.

Karen Collins, and on Behalf of Edna Mae Campbell v. Gary Bellinghausen, Joyce Lewis, Rick Meyer, Lena Knight, David Willis, James Comstock, Angela Knipple, Karen Collins, and on Behalf of Edna Mae Campbell v. Gary Bellinghausen, Joyce Lewis, Rick Meyer, Lena Knight, David Willis, James Comstock, Angela Knipple, Karen Collins, and on Behalf of Edna Mae Campbell v. Gary Bellinghausen, Joyce Lewis, Rick Meyer, Lena Knight, David Willis, James Comstock, Angela Knipple

153 F.3d 591 · Court of Appeals for the Eighth Circuit · Sep 30, 1998

IV. 13 Qualified immunity protects state actors from civil liability when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … In ruling upon a defense of qualified immunity, we first determine whether the law that the defendant is accused of having violated was clearly established and then examine the information possessed by the defendant at the

Johnson v. Dist. of Columbia

927 F.3d 539 · Court of Appeals for the D.C. Circuit · Jun 25, 2019

The doctrine of qualified immunity shields officials from civil liability if their conduct  12 “does not violate clearly established statutory or constitutional rights of which a reasonable … “Although the Supreme Court’s decisions do ‘not require a case directly on point for a right to be clearly established,’ for purposes of qualified immunity, ‘existing precedent must have placed the statutory or constitutional

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

45 Fed. R. Evid. Serv. 1143, 96 Cal. Daily Op. Serv. 8007, 96 Daily Journal D.A.R. 13,300 Johanna Trevino v. Daryl Gates Tom Bradley Tom Reddin Roger Murdock Ed Davis Herbert Boeckmann James Fisk Stephen Gavin Maxwell Greenberg Elbert Hudson Marguerite Justice Emmett McGaughey Salvador Montenegro Barbara Schlei Robert Talcott Reva Tooley Robert Weil Samuel Williams Stephen Yslas Lapd Officers Jerry Brooks Joseph Callian Warren Sirk Richard Spellman Gary Strickland James Tippings Richard Zierenberg Manuel Avila Charles Bennett Brian Davis John Fruge Joseph Freia E.T. Guiza Peter Sanchez Reginald Weaver James Toma C.S. Winston Philip Wixon Gary Zerbey Joel Wachs Joy Picus John Ferraro Zev Yaroslavsky Ruth Galanter Ernani Bernardi Nate Holden Marvin Braude Hal Bernson Michael Woo Joan Flores One Hundred Unknown Named Employees or Officials of the City of Los Angeles, All in Both Their Individual and Official Capacities City of Los Angeles, Johanna Trevino v. Daryl F. Gates, Chief of Police Tom Bradley Tom Reddin Roger Murdock Ed Davis Herbert Boeckmann James Fisk Stephen Gavin Maxwell Greenberg Elbert Hudson Marguerite Justice Emmett McGaughey Salvador Montenegro Barbara L. Schlei Robert Talcott Reva B. Tooley Robert Weil Samuel L. Williams Stephen D. Yslas Jerry Brooks Joseph Callian Warren Eggar David B. Harrison John Helms Michael Sirk Richard Spellman Gary Strickland James Tippings Richard Zierenberg Manuel Avila Charles Bennett Brian Davis John Fruge Joseph Freia E.T. Guiza Peter Sanchez Reginald Weaver James Toma C.S. Winston Philip Wixon Gary Zerbey Joel Wachs Joy Picus John Ferraro Zev Yaroslavsky Ruth Galanter Ernani Bernardi Nate Holden Marvin Braude Hal Bernson Michael Woo Joan Milke Flores One Hundred Unknown Named Employees/officials of the City of Los Angeles, All in Both Their Individual and Official Capacities City of Los Angeles

99 F.3d 911 · Court of Appeals for the Ninth Circuit · Nov 1, 1996

qualified immunity. … Gov.Code § 825(b). 22 Because Trevino failed to demonstrate that the Councilmembers' conduct violated a clearly established constitutional right, we need not address the second prong of the qualified immunity test.

Gossmeyer v. McDonald

128 F.3d 481 · Court of Appeals for the Seventh Circuit · Oct 7, 1997

Under the defense 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 … We review de novo whether a plaintiff has a clearly established statutory or constitutional right for purposes of qualified immunity. See, Maltby v.

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.

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.

John Eugene Youmans v. M. J. Oschner

Court of Appeals for the Eleventh Circuit · Nov 16, 2010

The purpose of the qualified immunity defense is to “protect[] government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … circumstances was not already clearly established at the time of the alleged violation.

Vincent v. Warren County

629 F. App'x 735 · Court of Appeals for the Sixth Circuit · Oct 28, 2015

The district court granted summary judgment in favor of Strode, holding that he was entitled to qualified official immunity on the negligence claims against him. Id. at 448 . … On appeal, we reversed the district court’s ruling that Strode was entitled to qualified official immunity on the negligence claims, but affirmed on all other issues. Id. at 448-53 .

Margaret Pickford Egerton v. R. E. Lee Memorial Church, an Unincorporated Association

395 F.2d 381 · Court of Appeals for the Fourth Circuit · May 22, 1968

qualifies for this limited immunity in tort under the Virginia rule. *383 To support such position, she relies on this statement in the opinion of the Trial Court in Rohr v. … the law” than a church “established for the promotion of religion and morality”. 6 It is illogical to assume that such a “charitable” object is to be denied the same measure of immunity in tort accorded other charities.

Belhas v. Ya'Alon

515 F.3d 1279 · Court of Appeals for the D.C. Circuit · Feb 15, 2008

An individual qualifies for this immunity when he acts in his official capacity for the state. See Jungquist, 115 F.3d at 1027 . … To suppose that the sovereign’s immunity protecting the individual official in the performance of his sovereign’s business vanishes the moment he resigns, retires, or loses an election is to establish that he had no immunity

Swartz v. Insogna

704 F.3d 105 · Court of Appeals for the Second Circuit · Jan 3, 2013

The standards for qualified immunity 22 are also well settled. … “[Q]ualified immunity protects government 23 officials from liability for civil damages insofar as their conduct 24 does not violate clearly established statutory or constitutional 25 rights of which a reasonable

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.

United States v. Tucor International, Inc.

238 F.3d 1171 · Court of Appeals for the Ninth Circuit · Jan 25, 2001

The government’s position in the Tucor prosecution was that the immunity provisions in Section 7 apply only to entities that engage in some common carrier activity, that is, to entities that do qualify as common carriers … But lack of bad faith is already established by the district court’s finding that the government honestly believed that the Section 7 immunities did not apply to Appellants.

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

Kenneth Daugherty, as Personal Representative of Lenora Daugherty, Deceased v. Donal Campbell

33 F.3d 554 · Court of Appeals for the Sixth Circuit · Sep 2, 1994

Campbell appealed the denial of summary judgment, and this court affirmed finding Campbell was not entitled to qualified immunity. See Daugherty v. … Clearly, strip searches of prison visitors based upon bare allegations of illegal activities, whether by anonymous informants or a corrections officer who later denies making such allegations, contravene the well-established