Case law

R.S.W.W., Inc., D/B/A Goose Island Brewery v. City of Keego Harbor

397 F.3d 427 · Court of Appeals for the Sixth Circuit · Feb 10, 2005

Goose Island also argues that the district court incorrectly determined that the police officers were entitled to qualified immunity. … Because the Court upholds the district court’s dismissal of the equal protection claim on its merits, it need not address whether the officers were entitled to qualified immunity. F.

Taajwar K. Rasheed-Bey, Formerly Known as Lorenzo Stone v. Jack R. Duckworth, Warden, Henry Abbott, Jr., Ron Maddox

969 F.2d 357 · Court of Appeals for the Seventh Circuit · Jul 22, 1992

immunity. … Accordingly, we affirm the district court’s judgment on the basis of “no liability” rather than on the basis of qualified immunity. II.

Price v. Hawaii

921 F.2d 950 · Court of Appeals for the Ninth Circuit · Dec 26, 1990

Qualified Immunity. … More pertinently, perhaps, officials performing discretionary functions, as were these officials, are entitled to qualified immunity if their conduct “does not violate clearly established statutory or constitutional rights

Jodi Hohman v. Maurice Eadie

894 F.3d 776 · Court of Appeals for the Sixth Circuit · Jul 5, 2018

3417’s waiver of sovereign immunity only covered claims by a “customer” as defined under the Act, and LLCs did not qualify as “customers.” … We accept any factual findings the district court made unless the findings are clearly erroneous. Davis v. United States, 499 F.3d 590, 593–94 (6th Cir. 2007).

Parkhurst v. Trapp

77 F.3d 707 · Court of Appeals for the Third Circuit · Feb 23, 1996

To determine reasonableness, a reviewing court must ask “whether a reasonable person could have believed the defendant’s actions to be lawful in light of clearly established law and the information he possessed.” … established law of Good, the magistrate judge erred in holding that the individual defendants enjoyed qualified immunity- We hold that the second search of the Parkhurst residence violated the Fourth Amendment and the police

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?"

Flythe Ex Rel. Estate of Flythe v. District of Columbia

791 F.3d 13 · Court of Appeals for the D.C. Circuit · Jun 19, 2015

clearly established at the time of the challenged conduct.” … Ct. 2012, 2023 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Edward J. Manzano, Jr. v. South Dakota Department of Social Services James W. Ellenbecker, in His Individual and Official Capacity as Director of the Department of Social Services Pia Wilkins, in Her Individual and Official Capacity With the Department of Social Services Nancy Fleming, in Her Individual and Official Capacity With the Department of Social Services Susan Walsh, in Her Individual and Official Capacity With the Department of Social Services Pennington County, South Dakota, a Local Governmental Body Pennington County Sheriff's Department Don Holloway, in His Individual and Official Capacity as Pennington County Sheriff Lynn McLane in Her Individual and Official Capacity With the Pennington County Sheriff's Department, Jointly and Severally, Edward J. Manzano, Jr. v. South Dakota Department of of Social Services James W. Ellenbecker, in His Individual and Official Capacity as Director of the Department of Social Services Pia Wilkins, in Her Individual and Official Capacity With the Department of Social Services Nancy Fleming, in Her Individual and Official Capacity With the Department of Social Services Susan Walsh, in Her Individual and Official Capacity With the Department of Social Services Pennington County, South Dakota, a Local Governmental Body Pennington County Sheriff's Department Don Holloway, in His Individual and Official Capacity as Pennington County Sheriff Lynn McLane in Her Individual and Official Capacity With the Pennington County Sheriff's Department, Jointly and Severally

60 F.3d 505 · Court of Appeals for the Eighth Circuit · Jul 25, 1995

The SDDSS defendants moved for summary judgment on the basis of qualified immunity. … not deprive the investigators of qualified immunity.

Jean v. Collins

107 F.3d 1111 · Court of Appeals for the Fourth Circuit · Mar 7, 1997

III 12 A government official is entitled to qualified immunity from civil liability under § 1983 when his or her "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … B 21 In deciding whether Shingleton and Collins are entitled to qualified immunity we must next determine whether the specific right infringed was clearly established in 1982. Pritchett v.

Derrick Neely-Beytarik-El v. Daniel Conley

Court of Appeals for the Seventh Circuit · Jan 2, 2019

Turning to the issue of qualified immunity, Mr. Neely-Bey asserted that it was clearly established that IDOC could not restrict his right to practice his religion ex- cept when required by penological interests. Mr. … Qualified immunity shields government officials from civil “liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable per- son would have known.’”

Mary B. Clark, Individually and as Survivor-At-Law of Ray Sharp, A/K/A Willie Clark and Shirley Clark, Administratrix of the Estate of Ray Sharp, Plaintiffs v. David C. Evans, Lanson Newsome and Robert Coleman, Mary B. Clark v. David C. Evans

840 F.2d 876 · Court of Appeals for the Eleventh Circuit · Mar 25, 1988

Since the law on this point was not clearly established at the time Sharp was shot, defendants Coleman and Newsome can properly claim a defense of qualified immunity as against the disabling force theory of liability. … Since there is no clearly-established law regarding whether an insane person can be shot during an escape attempt, defendants can appropriately raise a qualified immunity defense. 29 As for the theory that Sharp's action

Commuter Transportation Systems, Inc. v. Hillsborough County Aviation Authority

801 F.2d 1286 · Court of Appeals for the Eleventh Circuit · Oct 15, 1986

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court found that denial of a summary judgment on grounds of qualified immunity is immediately appealable. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the court found that denial of qualified immunity is immediately appealable because of social costs.

United States v. Petersburg Judges of Election

27 F. Cas. 506 · U.S. Circuit Court for the District of Eastern Virginia · Jul 1, 1874

The offence charged, however, is clearly not within either of these categories. If it had been, the jurisdiction of this court to try it would have been undeniable. … This section is clearly not founded upon the fifteenth amendment, and, if constitutional at all, is so only by virtue of the clauses of the fourteenth amendment, which declare as follows: “All persons born and naturalized

Woods v. City Of Michigan City

940 F.2d 275 · Court of Appeals for the Seventh Circuit · Aug 15, 1991

that "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.' " Davis v. … The officers, thus, did not knowingly violate Woods' clearly established rights. Qualified immunity was properly granted to the police officers.

Taylor v. Meacham

82 F.3d 1556 · Court of Appeals for the Tenth Circuit · May 7, 1996

Thus, to avoid summary judgment on qualified immunity grounds, a plaintiff must “‘present facts which if true would constitute a violation of clearly established law.’” Pueblo Neighborhood Health Ctrs., Inc. v. … at 232, we proceed no further on the qualified immunity issue.

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.

Benningfield v. City of Houston

157 F.3d 369 · Court of Appeals for the Fifth Circuit · Oct 5, 1998

Qualified Immunity 37 In Click v. … We also affirm the denial of qualified immunity as to those claims.

Mata v. Saiz

427 F.3d 745 · Court of Appeals for the Tenth Circuit · Oct 21, 2005

If the plaintiff fails to meet her burden on this threshold inquiry, the qualified immunity inquiry comes to an end. Id. … Because the district court never reached the second prong of the qualified immunity analysis and there is little doubt that deliberate indifference to an inmate’s serious medical need is a clearly established constitutional

Christensen v. Ward

916 F.2d 1462 · Court of Appeals for the Tenth Circuit · Jun 29, 1990

Arlington County, Va., 490 F.Supp. 307, 313 (D.D.C.1980) (challenge to absolute immunity by police officers afforded only qualified immunity). … Federal agents are immune from suit under a Bivens action when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Johnson v. Jones

515 U.S. 304 · Supreme Court of the United States · Jun 12, 1995

S. 800, 818 (1982) (holding that public officials are entitled to a “qualified immunity” from “liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person … Proc. 56(c), but the purely legal issue what law was “clearly established.”