Case law

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.

Elliott v. Cheshire County

940 F.2d 7 · Court of Appeals for the First Circuit · Jul 25, 1991

Qualified immunity protects public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Qualified immunity should be denied if the officials were or should have been aware that the prisoner presented a substantial risk of suicide.

Kim Brown v. Muhlenberg Township

273 F.3d 390 · Court of Appeals for the Third Circuit · Nov 15, 2001

I regret that the Court has not seen fit to amplify and clarify the qualified immunity standard particularly as it pertains to the second prong of that analysis, i.e., the "clearly established" prong. 4 My dissenting panel … of a constitutional right has been "clearly established?"

Vizbaras v. Prieber

761 F.2d 1013 · Court of Appeals for the Fourth Circuit · May 14, 1985

Whether an official may prevail in his qualified immunity defense depends upon the "objective reasonableness of [his] conduct as measured by reference to clearly established law." Id. (footnote deleted). … The majority apparently reasons that because neither we nor the Supreme Court has specified the exact quantum of force that constitutes excessive force, the law was not "clearly established," and the qualified immunity defense

Freeman v. County of Bexar

210 F.3d 550 · Court of Appeals for the Fifth Circuit · May 4, 2000

. § 1983 case, Appellant Lillian Freeman challenges the district court's entry of summary judgment granting Officer John Jennings and Detective George Saidler qualified immunity. … Even if officers of reasonable competence could disagree on this issue, the Appellees are still entitled to qualified immunity.

Lindell Briscoe v. St. Louis County

Court of Appeals for the Eighth Circuit · Apr 10, 2026

“Qualified immunity shields a public official from personal liability for constitutional violations ‘if his conduct was objectively reasonable as measured by clearly established law.’” Powell v. … “To overcome qualified immunity at the motion to dismiss stage, a plaintiff ‘must plead facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the

Holt v. Artis

843 F.2d 242 · Court of Appeals for the Sixth Circuit · Mar 30, 1988

A defendant claiming such qualified or good faith immunity is not required “to prove ... that the conduct alleged did not violate clearly established law.” Id. … I believe the majority misapprehends the law of qualified immunity as applied to the facts of this case.

Ikechukwu Okorie v. Virginia Crawford

921 F.3d 430 · Court of Appeals for the Fifth Circuit · Apr 12, 2019

Because this detention was less intrusive than the one in Heitschmidt, that case alone does not establish that the “violative nature of this particular conduct is clearly established.” … The consequence, though, is that Okorie is unable to point to caselaw clearly establishing the unlawfulness of this type of detention.

Mannoia, Jeffrey v. Farrow, David G.

Court of Appeals for the Seventh Circuit · Feb 7, 2007

In Saucier, the Supreme Court established a two-part test for resolving the issue of qualified immunity. … “Consulting a prosecutor may not give an officer absolute immunity . . . but it goes far to establish qualified immunity.” Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir. 2004).

Amos v. Maryland Dept. of Public Safety

126 F.3d 589 · Court of Appeals for the Fourth Circuit · Sep 22, 1997

We held that qualified immunity barred the prisoner’s claims because it was not clearly established at the time of the alleged violations that the ADA and the Rehabilitation Act applied to state prisons. … We held that qualified immunity barred the prisoner’s claims because it was not clearly established at the time of the alleged violations that the ADA and the Rehabilitation Act applied to state prisons.

Eklund v. City of Seattle Municipal Court

628 F.3d 473 · Court of Appeals for the Ninth Circuit · Nov 24, 2010

Bonner is entitled to qualified immunity if his “ ‘conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” See James v. … Callahan, 555 U.S. 223 , 129 S.Ct. 808, 818 , 172 L.Ed.2d 565 (2009), courts have discretion to grant qualified immunity if the right at issue was not clearly established at the time, without deciding whether there was a

Martin v. Halliburton

618 F.3d 476 · Court of Appeals for the Fifth Circuit · Sep 7, 2010

Forsyth, 472 U.S. 511 (1985),] clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary judgment stage is a ‘final’ judgment subject to immediate appeal.”) … Comision de Contratos del Comite Ejecutivo Gen., 923 F.2d 380, 385 (5th Cir. 1991), and qualified immunity under Title VII, Brown v. Tex.

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.

Dennis W. Ricci v. Captain Michael Urso

974 F.2d 5 · Court of Appeals for the First Circuit · Aug 31, 1992

Rivera-Cruz, 858 F.2d 40, 48 (1st Cir.1988) (“We emphasize, of course, that while we uphold the denial of qualified immunity at this stage in the proceedings, this does not prevent the qualified immunity defense from being … The district court may consider such additional information in reviewing subsequent motions for qualified immunity, keeping in mind that the issue of qualified immunity should ordinarily be resolved, whenever possible, by

Luc Adras v. Alan C. Nelson, Commissioner of Immigration and Naturalization Service

917 F.2d 1552 · Court of Appeals for the Eleventh Circuit · Nov 30, 1990

The district court dismissed Count VII upon the finding that defendants were entitled to qualified immunity inasmuch as plaintiffs did not possess at the time of their detention “clearly established constitutional or statutory … The court there discussed the nature of Harlow immunity but found that the aliens were entitled to be protected from “gross physical abuse,” a right “clearly established” at the time of their detention.

Cannaday v. Sandoval

458 F. App'x 563 · Court of Appeals for the Seventh Circuit · Feb 2, 2012

if Cannaday’s rights were violated, the defendants were entitled to qualified immunity. … It added that qualified immunity also shielded the officers from liability for entering Canna-day’s house before getting the warrant because Cannaday had failed to establish that no reasonable officer would have believed

Harger v. Department of Labor

569 F.3d 898 · Court of Appeals for the Ninth Circuit · Jun 10, 2009

Ingleson, 558 F.3d 888 , 891 n.5 (9th Cir.2009) (“Because this argument was not raised clearly and distinctly in the opening brief, it has been waived.”); Greenwood v. … The Court further stated that its holding was in accord with its prior decisions “establishing that sovereign immunity bars creditors from attaching or garnishing funds in the Treasury, or enforcing liens against property

Bull v. City & County Sf

Court of Appeals for the Ninth Circuit · Aug 21, 2008

ground of qualified immunity. … court’s denial of qualified immunity.

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.

Daniel Vance v. Jay Barrett E.K. McDaniel Becky Messick Robert Miller Michael Scheel, Timothy H. Johnson v. Ron Angelone Jay Barrett E.K. McDaniel Becky Messick Robert Miller Michael Scheel

345 F.3d 1083 · Court of Appeals for the Ninth Circuit · Sep 30, 2003

when deciding whether the prison officials are entitled to qualified immunity: "(1) Was the law governing the state official's conduct clearly established? … In 1995, we held that our law regarding retaliation against inmates was clearly established for qualified immunity purposes, see Schroeder v.