Case law

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.

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.

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.

Purisch v. Tennessee Technological University

76 F.3d 1414 · Court of Appeals for the Sixth Circuit · Mar 1, 1996

Government officials who perform discretionary functions are entitled to qualified immunity from civil damage suits arising out of the performance of their official duties unless they violate "clearly established constitutional … Only if we find a constitutional violation do we examine whether it involved "clearly established constitutional rights of which a reasonable person would have known."

Springer v. Henry

435 F.3d 268 · Court of Appeals for the Third Circuit · Jan 18, 2006

Springer moved for partial summary judgment on the ground that his speech was protected by the First Amendment, and argued that Henry was not entitled to qualified immunity because his First Amendment right was clearly established … whether the defendant's conduct violated a clearly established constitutional right." 8 Demonstrating that it did not view our Interlocutory Order as a vacation of its qualified immunity decision at summary judgment, the

Castorena v. Zamora

684 F. App'x 360 · Court of Appeals for the Fifth Circuit · Mar 31, 2017

immunity.” 6 “In conducts ing the qualified immunity analysis, we ‘may not resolve genuine disputes of fact in favor of the party seeking summary judgment.’ ” 7 *364 III. … When properly applied, it protects ‘all but the plainly incompetent or those who knowingly violate the law.’ ” 8 “The basic steps of our qualified-immunity inquiry are well-known: a plaintiff seeking to defeat qualified immunity

Williams v. Akers

837 F.3d 1075 · Court of Appeals for the Tenth Circuit · Sep 20, 2016

Asserting their entitlement to qualified immunity, the defendants moved to dismiss Williams’ § 1983 claim. … First, the notice of appeal clearly specified that the defendants sought to appeal “from an order denying qualified immunity entered in this action on October 8, 2014.” Aplt. App. 109.

Iris Mena v. City Of Simi Valley

354 F.3d 1015 · Court of Appeals for the Ninth Circuit · Jan 14, 2004

To defeat qualified immunity, the panel would then have needed to establish that a reasonable officer would have known about this novel proposition of law. 13 I am unable to imagine the reasonable police officer that the … Mena asserts on either of the above grounds, 2 then I would agree with my colleague Judge Kleinfeld that qualified immunity would be required because no "clearly established" right has been violated. 32 For these reasons

Wright v. Anthony

733 F.2d 575 · Court of Appeals for the Eighth Circuit · May 7, 1984

Therefore, the district court clearly was acting within its discretion in dismissing the complaint with prejudice. As indicated, the judgment of the district court should be, and is, affirmed. . … We need not reach Congressman Anthony’s other defenses, which include qualified official immunity and Speech and Debate Clause immunity.

Candido Romo v. Jeff Largen

723 F.3d 670 · Court of Appeals for the Sixth Circuit · Jul 23, 2013

We therefore affirm the district court’s denial of qualified immunity on Romo’s § 1983 claim. … (internal quotation marks omitted)). 3 It follows that Largen’s qualified- *675 immunity defense clearly fails.

Center for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff Department

Court of Appeals for the Ninth Circuit · Jul 2, 2008

[13] Qualified immunity involves a two-step inquiry: (1) whether the officer’s conduct violated a constitutional right; and (2) whether that right was clearly established when viewed in the context of this case. … As discussed above, Plaintiffs have established that Defendants violated their constitutional rights. We must therefore decide whether those rights were clearly established.

Susan Lynn Roberts v. Charles Timothy Kling

104 F.3d 316 · Court of Appeals for the Tenth Circuit · Jan 6, 1997

Further, the court held that defendant was also entitled to qualified immunity. See id. at 89. II. ABSOLUTE IMMUNITY A. … defendant would be entitled to qualified immunity.

Jose Padilla v. John Yoo

Court of Appeals for the Ninth Circuit · May 2, 2012

YOO tiffs’ RFRA claims on the basis of qualified immunity, hold- ing that RFRA’s application “to the military detention setting” was not clearly established at the time of the alleged viola- tions. Id. at 560. … YOO Yoo is entitled to qualified immunity, however, because it was not clearly established in 2001-03 that the treatment to which Padilla says he was subjected amounted to torture.

Tomas Armendariz Rosa Armendariz Harry Julian Brown, Jr. Lance A. Bukouskis v. James F. Penman W.R. Holcomb David M. Stachowski Cecil Dillard Kenneth J. Henderson, Tomas Armendariz Rosa C. Armendariz Harry Julian Brown, Jr. Lance A. Bukouskis v. James F. Penman W.R. Holcomb David M. Stachowski Cecil Dillard Kenneth J. Henderson, and Al Boughey Larry Reed, Tomas Armendariz Rosa C. Armendariz v. James F. Penman

31 F.3d 860 · Court of Appeals for the Ninth Circuit · Aug 1, 1994

Clearly Established 44 The plaintiff bears the burden of proving that the constitutional right allegedly violated was clearly established at the time of the alleged misconduct. Baker v. … Plaintiffs have not stated a constitutional claim against Henderson and Nazario, therefore Henderson and Nazario have already established qualified immunity.

Tate v. Coffee County, Tennessee

48 F. App'x 176 · Court of Appeals for the Sixth Circuit · Oct 4, 2002

The individual defendants filed a motion for summary judgment on the basis that they were entitled to qualified immunity, which the district court denied. … The individual defendants responded by filing a motion for summary judgment, arguing that they are entitled to qualified immunity.

Kwoun v. Southeast Missouri Professional Standards Review Organization

811 F.2d 401 · Court of Appeals for the Eighth Circuit · Feb 4, 1987

ground of qualified immunity. … The dissent relies on a statutory provision, 42 U.S.C. § 1320c-6(b), in arguing that the SEMO defendants are entitled only to qualified immunity.

Howell v. Burden

12 F.3d 190 · Court of Appeals for the Eleventh Circuit · Jan 21, 1994

Evans, 922 F.2d 712 (11th Cir.1991), came up from rulings denying motions of several defendants for summary judgment asserted on qualified immunity grounds. … We held that it was clearly established in 1984 that an official's denial of or delay in obtaining proper treatment could constitute deliberate indifference. Id.

Anthony v. Baker

767 F.2d 657 · Court of Appeals for the Tenth Circuit · Jun 17, 1985

Fitzgerald, supra, that he was entitled to a directed verdict based upon qualified immunity. In Harlow v. … Fitzgerald, the Court replaced the previously recognized "subjective" aspect of qualified or "good faith" immunity for governmental officials.

Primas v. City of Oklahoma City

958 F.2d 1506 · Court of Appeals for the Tenth Circuit · Mar 16, 1992

Hays’ argument that he should have been granted qualified immunity. No. 90-6055 Mr. … The district court, in denying qualified immunity, concluded there was a genuine issue of material fact as to whether Mr. Pennington violated clearly established rights of which a reasonable person would have known.

Sullivan, Connie v. Ramirez, Robert

Court of Appeals for the Seventh Circuit · Mar 3, 2004

Qualified Immunity Qualified immunity is a privilege that provides “ ‘an immunity from suit rather than a mere defense to liability.’ ” Saucier v. … Neither must we consider whether the law was clearly established under the second prong of the qualified immunity analysis because we conclude that the facts as alleged do not estab- lish a First Amendment violation.