Case law

Eric O'Keefe v. John Chisholm

769 F.3d 936 · Court of Appeals for the Seventh Circuit · Sep 24, 2014

The   district   court   thought   the   law   clearly   established   be-­‐‑ cause,  after  all,  the  First  Amendment  has  been  with  us  since   1791.   … Its  views  may  be   vindicated,  but  until  that  day  public  officials  enjoy  the  bene-­‐‑ fit   of   qualified   immunity   from   liability   in   damages.  

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.

Todd M. Johnson, Sr. v. Joseph Ganim, Ron Rapice, and City of Bridgeport

342 F.3d 105 · Court of Appeals for the Second Circuit · Aug 27, 2003

immunity. … Qualified Immunity Rapice alleges he is entitled to qualified immunity. The prohibition against suspending or terminating employees for the content of their speech has been clearly established since 1968. Munafo v.

Howard E. Mandell v. The County of Suffolk and John Gallagher, Police Commissioner

316 F.3d 368 · Court of Appeals for the Second Circuit · Jan 17, 2003

Further, they maintain that Gallagher is entitled to qualified immunity. A. … Qualified Immunity Under the doctrine of qualified immunity, a government official performing discretionary functions is shielded from liability for civil damages if his conduct did not violate plaintiffs clearly established

Joshua Hollamon v. County of Wright

Court of Appeals for the Eighth Circuit · Mar 17, 2026

Hollamon appeals, arguing Sergeant Miller violated clearly established law by using excessive force against him in violation of the Fourth Amendment. II. … To overcome qualified immunity, Hollamon “must show that the officer[] violated a constitutional right, and that the unlawfulness of [his] conduct was clearly established at the time.” Dundon v.

Fisher v. Harden

Court of Appeals for the Sixth Circuit · Feb 25, 2005

the officers were entitled to qualified immunity. … In 2001, the Court established a two-part test for determining whether qualified immunity applies. Saucier v. Katz, 533 U.S. 194, 201 (2001).

Finks v. City of North Las Vegas

135 F. App'x 976 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

Violation of Clearly Established Law Bailey also appeals the district court’s determination that his conduct violated clearly established law. … rights and was governed by clearly established law.

Kenneth McClure Young, II v. Warren Kann and Jane Doe

926 F.2d 1396 · Court of Appeals for the Third Circuit · Mar 5, 1991

It is important to note that Kann is entitled to qualified immunity from a Bivens action if the procedural requirement of a federal regulation is not based upon a "clearly established” constitutional right. … Block, 799 F.2d 1248, 1250-51 (8th Cir.1986) (federal officials do not lose qualified immunity from Bi *1405 vens action unless violation of federal regulation bears upon or implicates a clearly established constitutional

Henderson v. County of Los Angeles

293 F. App'x 542 · Court of Appeals for the Ninth Circuit · Sep 19, 2008

If no constitutional right was violated, the inquiry ends and qualified immunity attaches. Id. Second, we consider whether the right was clearly established. Id. at 201, 121 S.Ct. 2151 . … ’s second prong: determining whether these constitutional rights were “clearly established.”

Lumbreras v. Roberts

156 F. App'x 952 · Court of Appeals for the Ninth Circuit · Dec 7, 2005

The district court granted Defendants’ motion for summary judgment, finding that they were entitled to qualified immunity. On de novo review, Yakutat, Inc. v. … It is not clearly established under Oregon law that BOLI could have permitted Plaintiffs to continue operating under their farm labor license while it investigated the forest license discrepancies.

Kenneth J. Haugen v. Rochelle Brosseau Puyallup Police Department the City of Puyallup

351 F.3d 372 · Court of Appeals for the Ninth Circuit · Dec 5, 2003

It held that, even if the shooting constituted excessive force under the Fourth Amendment, Brosseau had not violated a clearly established right and was therefore protected by qualified immunity. … She is not entitled to immunity if the Fourth Amendment right at issue was clearly established. See id.

Ziccardi v. City of Philadelphia

288 F.3d 57 · Court of Appeals for the Third Circuit · Apr 30, 2002

This is an appeal from a district court order denying a motion for summary judgment based on qualified immunity in an action under 42 U.S.C. § 1983 . … a violation of a clearly established constitutional right. 4 See Eddy v.

Elliot v. Lator

497 F.3d 644 · Court of Appeals for the Sixth Circuit · Aug 10, 2007

As the Court famously summed up, qualified immunity “is an immunity from suit rather than a mere defense to liability.” Id. … More importantly, this is clearly a scenario in which form has substance, especially in light of what the Court has said about the rationale for the qualified immunity doctrine.

Preslie Hardwick v. Marcia Vreeken

Court of Appeals for the Ninth Circuit · Jan 3, 2017

The panel held that defendants’ case for qualified immunity was not supported by the law or the record. … “Clearly Established” An official “cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in [his or her] shoes would have understood

Central Airlines, Inc. v. United States

138 F.3d 333 · Court of Appeals for the Eighth Circuit · Mar 4, 1998

The FAA employees are not entitled to qualified immunity. … The carriers state claims for violations of specific constitutional rights, the majority does not dispute that the law of substantive due process and equal protection was clearly established at the time the FAA employees

Wesley Flynn v. David G. Sandahl

58 F.3d 283 · Court of Appeals for the Seventh Circuit · Jun 16, 1995

was entitled to the defense of qualified immunity. … As a preliminary matter we reject the district court’s determination to knock out this claim on the grounds of qualified immunity.

State of Nevada v. Floyd Hicks

196 F.3d 1020 · Court of Appeals for the Ninth Circuit · Jan 24, 2000

We also affirm the district court's rulings on the issues of sovereign immunity and qualified immunity. … find that "it is not prevented by doctrines of sovereign or qualified immunity from lawfully exerting personal jurisdiction over specially appearing State defendants," this finding was clearly restricted to the issue of

Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, James Arnold John Newlin Walter Cullop, Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, Richard Hongisto

102 F.3d 406 · Court of Appeals for the Ninth Circuit · Dec 4, 1996

Thus, we have jurisdiction to consider Hongisto's legal contention that he is entitled to qualified immunity because the law was not clearly established that, given the events of the previous day, an order to ban all demonstrations … Such conduct would violate clearly established First and Fourth Amendment rights. 39 Jordan's second contention is that he is entitled to qualified immunity because the plaintiffs have neither demonstrated a sufficient causal

Athey v. United States

908 F.3d 696 · Court of Appeals for the Federal Circuit · Oct 31, 2018

“Under well-established principles of sovereign immunity,” the court stated, “waivers of sovereign immunity cannot be implied, and ambiguities must be construed in favor of the United States.” Id. … See Lane, 518 U.S. at 192 (“A statute’s legislative history cannot supply a waiver that does not appear clearly in any statu- tory text.”); United States v.

Paxman v. Campbell

612 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.