Case law

Llaguno v. Mingey

739 F.2d 1186 · Court of Appeals for the Seventh Circuit · Jul 10, 1984

Appellants contend that since the officers should have known that their acts violated clearly established constitutional standards of probable cause, the defense of qualified immunity is unavailable to them as a matter of … Therefore, in view of the clearly established nature of the rights involved and the undisputed facts surrounding their conduct, qualified immunity is unavailable to the officers as a matter of law.

Johnson v. Rancho Santiago Community College District

623 F.3d 1011 · Court of Appeals for the Ninth Circuit · Oct 8, 2010

Finally, the PSA established a Work Opportunities Pro- gram that required the unions to establish an apprenticeship program for District residents, to encourage the referral and utilization of District residents as workers … Indeed, the plaintiffs clearly could not show that they suffered a depri- vation of their purported right to an education, as they have all graduated. We accordingly reject this claim.

Phyllis J. May v. City of Nahunta, Georgia

Court of Appeals for the Eleventh Circuit · Nov 15, 2016

In evaluating a government actor’s entitlement to qualified immunity, the Supreme Court has developed an objective-reasonableness test wherein “the official’s actions must be evaluated against ‘clearly established law,’ … However, clearly established law requires only that factually applicable case law stake out a bright line and clearly establish the contours of a constitutionally protected right. See Post v.

Bailey White v. Hamilton Cnty. Gov't

Court of Appeals for the Sixth Circuit · May 18, 2023

Riley has not shown that Goforth violated her clearly established Fourth Amendment rights, so Goforth is entitled to qualified immunity on this claim. First Amendment. … He is entitled to qualified immunity on the First Amendment claim. *** We REVERSE the district court’s denial of qualified immunity to Goforth.

Mendocino Environmental Center, Judi Bari v. Mendocino County, Richard W. Held, Frank Doyle, Jr., David R. Williams, John Rikes

14 F.3d 457 · Court of Appeals for the Ninth Circuit · Jan 12, 1994

Jewelry, 950 F.2d 1437, 1443 (9th Cir.1991) (“The doctrine of qualified immunity does not require that probable cause to arrest exist.”). … Bagley, 988 F.2d 868, 873 (9th Cir.1993); Fuller, 950 F.2d at 1443 (objective reasonableness of the officer’s decision to arrest is determined “in light of clearly established law and the information [the searching officers

Entergy, Arkansas, Inc., an Arkansas Corporation Entergy Gulf States, Inc., a Texas Corporation Entergy Louisiana, Inc., a Louisiana Corporation Wolf Creek Nuclear Operating Corporation, a Delaware Corporation Omaha Public Power District, a Public Corporation and Political Subdivision of the State of Nebraska, Central Interstate Low-Level Radioactive Waste Compact Commission, Us Ecology, Inc., a California Corporation, Intervenor v. State of Nebraska, Department of Environmental Quality, Nebraska Randolph Wood, Individually and in His Official Capacity Jay Ringenberg, Individually and in His Official Capacity Nebraska Department of Health and Human Services Regulation & Licensure David P. Schor, Individually and in His Official Capacity Cheryl Rogers, Individually and in Her Official Capacity John Doe Jane Doe Doe Companies 1 Through 20, Individually and in Their Official Capacities, Entergy, Arkansas, Inc., an Arkansas Corporation Entergy Gulf States, Inc., a Texas Corporation Entergy Louisiana, Inc., a Louisiana Corporation Wolf Creek Nuclear Operating Corporation, a Delaware Corporation Omaha Public Power District, a Public Corporation and Political Subdivision of the State of Nebraska, Central Interstate Lo-Level Radioactive Waste Compact Commission, Us Ecology, Inc., a California Corporation, Intervenor-Appellee v. State of Nebraska Department of Environmental Quality, Nebraska Randolph Wood, Individually and in His Official Capacity Jay Ringenberg, Individually and in His Official Capacity Nebraska Department of Health and Human Services Regulation & Licensure David P. Schor, Individually and in His Official Capacity Cheryl Rogers, Individually and in Her Official Capacity, John Doe Jane Doe Doe Companies 1 Through 20, Individually and in Their Official Capacities

241 F.3d 979 · Court of Appeals for the Eighth Circuit · Mar 8, 2001

to qualified immunity on these claims. … It also never discussed qualified immunity in respect to such claims.

Evans v. Mckay

869 F.2d 1341 · Court of Appeals for the Ninth Circuit · Mar 16, 1989

Qualified or "good faith" immunity is, however, an affirmative defense that must be pleaded by a defendant official. Harlow v. Fitzgerald, 457 U.S. 800, 815 , 102 S.Ct. 2727, 2736-37 , 73 L.Ed.2d 396 (1981). … Because answers have not yet been filed in this case, the issue of qualified immunity was not raised or decided below.

Zepp v. Rehrmann

79 F.3d 381 · Court of Appeals for the Fourth Circuit · Mar 26, 1996

The individual defendants also asserted qualified immunity. … In ruling on the defendants' qualified immunity defense, we need only decide whether the rights that Zepp asserts were "clearly estab- lished in a particularized and relevant sense" so that the unlawfulness of the defendants

No. 05-2748

469 F.3d 1 · Court of Appeals for the First Circuit · Nov 14, 2006

QUALIFIED IMMUNITY 11 The parameters of qualified immunity are well settled and we need plow no new ground. … It was clearly established law at the time of the search that a warrant must describe the things to be seized with particularity.

Lori Clegg v. AR Dept. of Corr.

Court of Appeals for the Eighth Circuit · Aug 13, 2007

Clegg claims that the district court erred in its grant of qualified immunity to these two defendants on the discrimination claims. We review a district court's grant of qualified immunity de novo. Samuelson v. … "Qualified immunity protects 'government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Veritext Corp. v. Bonin

901 F.3d 287 · Court of Appeals for the Fifth Circuit · Aug 17, 2018

However, this immunity is not absolute. … For the Board to enjoy Parker immunity under the Sherman Act, it must satisfy "two requirements: first that 'the challenged restraint ... be one clearly articulated and affirmatively expressed as state policy,' and second

Robinson v. Township of Redford

48 F. App'x 925 · Court of Appeals for the Sixth Circuit · Oct 17, 2002

In addition to denying that the plaintiff has stated a claim under Section 1983, the defendants Diprima and Turner have asserted the affirmative defense of qualified immunity. … Immunity In a civil action for monetary damages, a state actor may assert the affirmative defense of qualified immunity for “discretionary acts that do not violate clearly established [federal] statutory or constitutional

Timothy Johnson v. Michael Rogers

944 F.3d 966 · Court of Appeals for the Seventh Circuit · Dec 17, 2019

First, the judge concluded that Rogers is entitled to qualified immunity, be- cause the procedure that led to Johnson’s broken leg did not violate any of his clearly established rights. … The qualified-immunity topic is more difficult. Public officials are entitled to immunity unless, by the time of the contested acts, it was clearly established that those acts vio- lated the Constitution. See Escondido v.

Tower v. Leslie-Brown

326 F.3d 290 · Court of Appeals for the First Circuit · Apr 22, 2003

Once we have determined that a viable constitutional claim has been stated, we may move on to the qualified immunity inquiry. … Certainly, the unlawfulness of entering a person's home to effectuate a warrantless arrest in the absence of exigent circumstances was clearly established at the

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.  

Gerardo Serrano v. U.S. Customs and Border

975 F.3d 488 · Court of Appeals for the Fifth Circuit · Sep 16, 2020

Alternatively, Espinoza argued that he is entitled to qualified immunity because he did not violate any clearly established constitutional right. … are entitled to qualified immunity.

Giancola v. West Virginia Department of Public Safety

830 F.2d 547 · Court of Appeals for the Fourth Circuit · Oct 7, 1987

Qualified immunity shields the officers from awards of damages if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person should have been aware. … While the entities are not entitled to assert a qualified immunity defense, they are not liable under respondeat superior principles.

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

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).

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.