Case law

Vaughn v. United States Small Business Administration

82 F.3d 684 · Court of Appeals for the Sixth Circuit · Apr 23, 1996

They did not argue that beating the plaintiff would not have violated a clearly established right of the plaintiff. … Whitmore has argued, and we have agreed, that under the facts as alleged by Vaughn, he did not violate any of Vaughn's clearly established rights.

James Johnson, Iii v. County Of Los Angeles

340 F.3d 787 · Court of Appeals for the Ninth Circuit · Aug 15, 2003

City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001). 1 48 * In Saucier, the Supreme Court established a two-step evaluation of qualified immunity. … His use of force was objectively reasonable and he is entitled to qualified immunity.

Smith v. Williams-Ash

Court of Appeals for the Sixth Circuit · Mar 26, 2008

It resulted in a dismissal of the Smiths’ substantive due process claims, and an affirmance of the denial of qualified immunity, because judging the Complaint only, it set up a violation of the Smiths’ clearly established … In considering whether the social worker was entitled to qualified immunity, the Farley court held that the mother’s due process rights were clearly violated because her consent “was not voluntary during the entire time period

Belya v. Kapral

45 F.4th 621 · Court of Appeals for the Second Circuit · Aug 17, 2022

Meanor, 442 U.S. 500 (1979); found no absolute immunity, Nixon v. Fitzgerald, 457 U.S. 731 (1982); found no qualified immunity, Mitchell v. … Id. 12 Although the context in which the comparison was used varies between cases, each case does draw explicit parallels between qualified immunity and church autonomy.

Terrance Morris v. Jarrett Lanpher

Court of Appeals for the Eighth Circuit · Apr 24, 2009

Qualified immunity protects public officials from damage actions if their conduct did not violate clearly established rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … A police officer in applying for a search warrant is entitled to qualified immunity from a § 1983 Fourth Amendment damage claim if his conduct was objectively reasonable.

S.M. v. Lincoln County, Missouri

874 F.3d 581 · Court of Appeals for the Eighth Circuit · Oct 27, 2017

In a prior appeal, we reversed the denial of qualified immunity to individual defendant Michael Krigbaum, who served as Sheriff of Lincoln County at the time of Edwards’s criminal misconduct.1 S.M. v. … supervision, the basis for our conclusion that Sheriff Krigbaum was entitled to qualified immunity in Krigbaum, 808 F.3d at 341.

Gail Stockton v. Milwaukee County, Wisconsin

44 F.4th 605 · Court of Appeals for the Seventh Circuit · Aug 9, 2022

Qualified immunity shields state actors from liability where their conduct “does not vio- late clearly established statutory or constitutional rights of which a reasonable person would have known.” Reed v. … Stockton bears the burden of defeating Pias- ecki’s claim to qualified immunity. Taylor v. City of Milford, 10 F.4th 800, 806 (7th Cir. 2021). Stockton may demonstrate a right is “clearly established” in three ways.

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.

Eisenhour v. Weber County

744 F.3d 1220 · Court of Appeals for the Tenth Circuit · Mar 12, 2014

To overcome a defense of qualified immunity, a plaintiff must show that: (1) the defendant’s conduct violated the law, and (2) the law was clearly established when the violation occurred. Albright v. … The district court did not rule on the issue of qualified immunity. See Appellant’s App. vol. 1, at 385-86.

Torres v. Commonwealth of PR

485 F.3d 5 · Court of Appeals for the First Circuit · Apr 4, 2007

filed beyond a clearly communicated deadline. … Nevertheless, our jurisdiction seems clear as to the rejection of Burgos's qualified immunity defense to the section 1983 claims, see Rosario-Diaz v.

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.

United States v. Moser

586 F.3d 1089 · Court of Appeals for the Eighth Circuit · Nov 18, 2009

In addressing this question, we must construe § 2465(b)(1) narrowly and find a waiver of sovereign immunity only where Congress clearly and unequivocally expressed its intention to make public funds available. … As such, we cannot say that Congress clearly and unequivocally waived sovereign immunity in this situation.

O'Connor v. Huward

117 F.3d 12 · Court of Appeals for the First Circuit · Jun 30, 1997

Qualified immunity II. … "The last opportunity to raise [qualified immunity] is by motion for directed verdict." Lewis v.

Pinder v. Johnson

33 F.3d 368 · Court of Appeals for the Fourth Circuit · Oct 14, 1994

to the defense of qualified immunity. … him qualified immunity.

Ronald Curtis v. W. Anthony

Court of Appeals for the Fifth Circuit · Mar 26, 2013

As in the instant case, the individual defendants asserted qualified immunity defenses. … the right was ‘clearly established’ at the time of the challenged conduct.”

Edwards v. Wallace Community College

49 F.3d 1517 · Court of Appeals for the Eleventh Circuit · Apr 19, 1995

Qualified Immunity "[A]n official in a personal-capacity action may, depending on his position, be able to assert personal immunity defenses, [including a defense of qualified immunity … "[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Brad Wendt v. State of Iowa

971 F.3d 816 · Court of Appeals for the Eighth Circuit · Aug 21, 2020

To the contrary, each party briefed and argued qualified immunity on both the state and federal constitutional claims. … In terms of the law of qualified immunity, the United States Supreme Court considers separately whether the warrant is overbroad and whether the facts in an affidavit “actually establish probable cause.”

Kay Electric Cooperative v. City of Newkirk

647 F.3d 1039 · Court of Appeals for the Tenth Circuit · Jul 29, 2011

How clearly must a state legislature articulate its authorization of anticompetitive municipal conduct to trigger antitrust immunity? … than a court’s ruling on whether a particular business at a particular time and in a particular place qualifies as a “natural” monopoly.

Aguilera v. Baca

510 F.3d 1161 · Court of Appeals for the Ninth Circuit · Dec 27, 2007

If we answer in the affirmative, we proceed to determine whether that right was “clearly established” such that “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” … If we determine at the first step that no constitutional violation occurred, the qualified immunity inquiry is at an end. See id. at 201, 121 S.Ct. 2151 .

Lopera v. Town of Coventry

Court of Appeals for the First Circuit · Apr 1, 2011

The Doctrine of Qualified Immunity Qualified immunity "protects government officials 'from liability for civil damages insofar as their conduct does not -11- violate clearly … A finding that a right was not clearly established at the time of the alleged violation is sufficient to warrant a finding of qualified immunity. See Pearson, 129 S. Ct. at 822.