Case law

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

Donald Todd v. Kathleen Hawk, Director, Bureau of Prisons

72 F.3d 443 · Court of Appeals for the Fifth Circuit · Aug 2, 1995

PER CURIAM: Donald Todd appeals the district court’s dismissal of his civil rights suit on grounds of qualified immunity. We reverse and remand. I. … Second, the court may, in its discretion, insist that a plaintiff file a reply tailored to an answer pleading the defense of qualified immunity.

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

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.

Hale v. Norton

476 F.3d 694 · Court of Appeals for the Ninth Circuit · Feb 5, 2007

violated clearly established law. … Like qualified immunity, the Hales' claim turns on an "essentially legal question," and that claim is "effectively lost" if the NPS conducts the NEPA analysis.

Trust & Investment Advisers, Inc. v. Hogsett

43 F.3d 290 · Court of Appeals for the Seventh Circuit · Dec 19, 1994

Immunity 38 TIA also challenges the district court's conclusion that Dant was immune from damages under the doctrines of qualified, and in the alternative, absolute immunity. … As a government official performing discretionary functions that she had no reason to believe violated TIA's clearly established constitutional rights, Dant is immune from this suit for damages. IV.

Lundblad v. Celeste

924 F.2d 627 · Court of Appeals for the Sixth Circuit · Jan 31, 1991

be argued "to clearly establish" such a proposition under equal protection is Glicker v. … Thus the law was not clearly established on the issue, and the doctrine of official immunity shields the defendants from civil damages. 5 Accordingly, the opinion of the Court in Lundblad v.

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.

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.

Hernandez v. Mesa

26 Fla. L. Weekly Fed. S 747 · Supreme Court of the United States · Jun 26, 2017

The en banc Court of Appeals therefore erred in granting qualified immunity based on those facts. … "The doctrine of qualified immunity shields officials from civil liability so long as their conduct 'does not violate clearly established ... constitutional rights of which a reasonable person would have known.' " Mullenix

Bean v. Teague

556 F. App'x 483 · Court of Appeals for the Sixth Circuit · Feb 26, 2014

There are two criteria for analyzing qualified immunity: (1) whether “the facts that a plaintiff has ... shown (Rules 50, 56) make out a violation of a constitutional right”; and (2) “whether the right was clearly established … The record does not clearly establish that the Nonap-plicants knew they had to reapply for jobs they already had, or that they had the opportunity to do so.

Orff v. United States

358 F.3d 1137 · Court of Appeals for the Ninth Circuit · Feb 18, 2004

The farmers do not qualify for the waiver of sovereign immunity under the McCarran Amendment because the McCarran Amendment does not apply to this suit for money damages. … Nor do the farmers qualify for the waiver of sovereign immunity under § 390uu.

Drake v. Scott

812 F.2d 395 · Court of Appeals for the Eighth Circuit · Feb 20, 1987

defendant state officials had violated clearly established rights to free speech. … In addition, in the present case the question of qualified immunity itself depends in large part on whether defendants knew or should have known that Drake had a clearly established property interest in the job at the time

Bank of Jackson County v. L. James Cherry Raymond G. Naeyaert

980 F.2d 1354 · Court of Appeals for the Eleventh Circuit · Jul 27, 1992

In the alternative, the court held that appellees were immune from suit under the qualified immunity doctrine, because any deprivation did not violate BJC’s clearly established constitutional rights. … To the extent that the debarment did work such a deprivation, however, BJC’s rights were not clearly established. Thus, appel-lees are immune from suit under the qualified immunity doctrine.

Lantz v. Crate

268 F. App'x 548 · Court of Appeals for the Ninth Circuit · Feb 27, 2008

This right was clearly established at the time of Kreider’s actions. See Saucier, 533 U.S. at 200, 121 S.Ct. 2151 (describing the second inquiry). … Because this right was clearly established at the time of Kreider’s actions, the district court erred by granting qualified immunity on this claim.

Earle v. City of Vail

146 F. App'x 990 · Court of Appeals for the Tenth Circuit · Oct 17, 2005

The doctrine of qualified immunity shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 when their actions do not violate clearly established constitutional rights … Griffin’s conduct did not violate any clearly established statutory or constitutional rights of which a reasonable police officer would have known. Qualified immunity, therefore, shields Griffin from Dr. Earle’s claims.

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.

Springfield Hosp., Inc., Springfield Med. Care Sys., Inc. v. Guzman

28 F.4th 403 · Court of Appeals for the Second Circuit · Mar 16, 2022

Reg. at 20,814 (establishing use of SBA Form 2483). … The statute’s plain text clearly delineates that its protections extend only to specific, enumerated benefits or interests.

United States of America, Appellant/cross-Appellee v. Adrian F. Searcy, Appellee/cross-Appellant

284 F.3d 938 · Court of Appeals for the Eighth Circuit · Mar 28, 2002

As the Application Note clearly provides, the burden of proof on this issue is on the defendant. He or she must establish by a preponderance of the evidence a lack of predisposition to commit the crime. … Our duty on this appeal is to apply the law established on the prior appeal, and we believe we have done so.

Joseph v. Shepherd

211 F. App'x 692 · Court of Appeals for the Tenth Circuit · Dec 15, 2006

“In order to defeat a qualified immunity defense, ‘a plaintiff must show that (1) the official violated a constitutional or statutory right; and (2) the constitutional or statutory right was clearly established when the alleged … Bartlett was entitled to qualified immunity. IV.