Case law

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.

William England John L. Cooper Conrad Brown and Jessie Hypes v. John D. Rockefeller, Iv, Individually and in His Official Capacity as Governor of the State of West Virginia, and Julian W. Ware, Individually and in His Official Capacity as District Engineer for District Ten (10) of the West Virginia Department of Highways Christine Toney, Individually and in Her Official Capacity as Community Affairs Coordinator of District Ten (10) of the West Virginia Department of Highways Charles L. Miller, Individually and in His Official Capacity as Commissioner of the West Virginia Department of Highways and Other Persons, Individually and in Their Official Capacities, Whose Names Are at This Time Unknown to the William England John L. Cooper Conrad Brown and Jessie Hypes v. Charles L. Miller, Individually and in His Official Capacity as Commissioner of the West Virginia Department of Highways, and Julian W. Ware, Individually and in His Official Capacity as District Engineer for District Ten (10) of the West Virginia Department of Highways Christine Toney, Individually and in Her Official Capacity as Community Affairs Coordinator of District Ten (10) of the West Virginia Department of Highways John D. Rockefeller, Iv, Individually and in His Official Capacity as Governor of the State of West Virginia and Other Persons, Individually and in Their Official Capacities, Whose Names Are at This Time Unknown to the George L. Douglas, Bette Hatton, Richard Damron, Claude W. Jarrell, James E. Lucas, Carl Brunty, Martha L. Counts, Larry G. Porter, Donald L. Roy, Richard L. Webb, Hillard Browning, Paul Farris and Curley Belcher v. Walter J. Galloway, Robert G. Huffman, Charles Williams, Jerry Roach, James R. Campbell, Charles Shaver, Charles L. Miller, All Individually & in Official Capacities and Lucien Frye, Wally Stowers and Robert Nelson, All Individually, and John D. Rockefeller, Iv, Individually & in Official Capacity, George L. Douglas, Bette Hatton, Richard Damron, Claude W. Jarrell, James E. Lucas, Carl Brunty, Martha L. Counts, Larry G. Porter, Donald L. Roy, Richard L. Webb, Hillard Browning, Paul Farris and Curley Belcher v. Walter J. Galloway, Robert G. Huffman, Charles Williams, Jerry Roach, James R. Campbell, Charles Shaver, John D. Rockefeller, Iv, All Individually & in Official Capacities and Lucien Frye, Wally Stowers and Robert Nelson, All Individually, and Charles L. Miller, Individually and in Official Capacity

739 F.2d 140 · Court of Appeals for the Fourth Circuit · Jul 16, 1984

Although the Governor of West Virginia is intimately involved in the state's budget process, his participation clearly does not qualify for legislative immunity under Supreme Court of Virginia. … II. 8 With regard to the claims of qualified immunity, we have recently held in Bever v.

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.

Hale v. Fish

899 F.2d 390 · Court of Appeals for the Fifth Circuit · Apr 30, 1990

Qualified Immunity. Both Major Jones and Special Agent Magee contend that the court erred in re *402 jecting their defense of qualified immunity. … Under the doctrine of qualified immunity, federal and state law enforcement officers may be held liable for Fourth Amendment violations only if their actions violate “clearly established” rights. Anderson 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.’”

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.

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.

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.”

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.

Galvin v. Hay

361 F.3d 1134 · Court of Appeals for the Ninth Circuit · Mar 18, 2004

DISCUSSION I Qualified Immunity Qualified immunity analysis proceeds in two stages. We must first inquire whether the plaintiffs have established a constitutional violation. … Until then, the constitutional right violated by the defendants was not clearly established. The defendants are therefore entitled to qualified immunity for the narrow tailoring violation.

Tang v. State of Rhode

Court of Appeals for the First Circuit · Aug 11, 1997

They conceded that there was a clearly established right to be free from racial discrimination. … an immediate grant of qualified immunity. 115 S.

Sack v. Wagoner County

996 F.2d 311 · Court of Appeals for the Tenth Circuit · Jun 22, 1993

He advanced several issues, including that the district court's qualified immunity finding was based on the court's erroneous conclusion about the timing of the arrest. … Sack's clearly established statutory or constitutional rights and was therefore entitled to qualified immunity. 8 Sack v. St. Francis Hospital, No. 92-5106 (10th Cir.

Joseph F. Collinson v. John M. Gott, Sr., Individually and as President of the Board of County Commissioners of Calvert County Board of County Commissioners of Calvert County, Edward Bowen, Individually and as a Lieutenant in the Sheriff's Department of Calvert County, Maryland Patrick Nutter, Individually and as a Sergeant in the Sheriff's Department of Calvert County, Maryland, Joseph F. Collinson v. John M. Gott, Sr., Individually and as President of the Board of County Commissioners of Calvert County Board of County Commissioners of Calvert County Edward Bowen, Individually and as a Lieutenant in the Sheriff's Department of Calvert County, Maryland Patrick Nutter, Individually and as a Sergeant in the Sheriff's Department of Calvert County, Maryland

895 F.2d 994 · Court of Appeals for the Fourth Circuit · Feb 13, 1990

Accordingly, the now-familiar test of qualified immunity is whether government officials such as Gott in performing discretionary functions have engaged in conduct that violates "clearly established statutory or constitutional … immunity it is therefore necessary first to identify the specific constitutional right allegedly violated, then to inquire whether at the time of the alleged violation it was clearly established, then further to inquire

In Re World Trade Center Disaster Site Litigation

521 F.3d 169 · Court of Appeals for the Second Circuit · Mar 26, 2008

public service if a full trial *180 were threatened whenever they acted reasonably in the face of law that is not `clearly established.'" … In Napolitano , we considered whether Vermont would allow an immediate appeal of the denial of qualified immunity. Id.

James J. Mayo v. MacOmb County, Michigan and Deputy Brossard

183 F.3d 554 · Court of Appeals for the Sixth Circuit · Aug 19, 1999

The doctrine of qualified immunity generally shields someone such as Deputy Brossard “ ‘from liability for civil damages insofar as [his] conduct does not violate clearly established statutory or constitutional rights of … Mayo to show that Brossard was not entitled to qualified immunity. See Wegener v. Covington, 933 F.2d 390, 392 (6th Cir.1991).

Marla K. Kain Thomas Kain v. Gary L. Nesbitt (97-1210) Michael Powell (97-2068)

156 F.3d 669 · Court of Appeals for the Sixth Circuit · Sep 18, 1998

It would not be necessary to make a qualified immunity analysis. … Even after a qualified immunity claim is denied and discovery is completed, it may be appropriate for the trial judge to grant a summary judgment motion on grounds other than qualified immunity.