Case law

Atterberry, Jeffrey v. Sherman, Leonard

Court of Appeals for the Seventh Circuit · Jul 7, 2006

In any event, we need not resolve this issue because qualified immunity, the main focus of the parties’ arguments, more clearly leads us to find in favor of the state actors. … The Supreme Court has advised that, to proceed in the face of a qualified immunity defense, a plaintiff must establish that there was a violation of a constitutional right; only if such a showing is made should the court

Hobbs v. Roberts

999 F.2d 1526 · Court of Appeals for the Eleventh Circuit · Sep 3, 1993

Hobbs put in the policy, no case law clearly established that coverage under the policy would be available only if defendants were sued in their official capacities; job-related negligence for coverage purposes could arguably … Lundgren, 814 F.2d at 604 (Raising, litigating, and submitting to jury of qualified immunity defense and instruction that qualified immunity would be complete defense demonstrated that 42 U.S.C. § 1983 claim was tried against

Maria Pena v. City of Rio Grande City, Texa

879 F.3d 613 · Court of Appeals for the Fifth Circuit · Jan 12, 2018

Qualified Immunity Having determined that Peña sufficiently pleaded Fourth Amendment violations by both officers, we would ordinarily turn to QI and decide whether said violations were clearly established at the time … The district court dismissed that claim because Peña was “unable to establish that sovereign immunity ha[d] been waived.” We agree.

Manetta v. Macomb County Enforcement Team

141 F.3d 270 · Court of Appeals for the Sixth Circuit · Apr 9, 1998

Qualified immunity protects government officials performing discretionary functions from civil liability under federal laws unless their conduct violates "clearly established statutory or constitutional rights of which a … Thus, Kaiser is entitled to qualified immunity from the section 1983 claims of Manetta and Swieczkowski unless, when he acted, the law established the contours of the right allegedly violated so clearly that a reasonable

Town of Smyrna, Tennessee v. Municipal Gas Authority of GA

723 F.3d 640 · Court of Appeals for the Sixth Circuit · Jul 19, 2013

made by the district court unless such findings are clearly erroneous. … Tennessee, too, has case law suggesting that the supervision, control, and funding of the entity, not merely the nomenclature, determines whether an entity qualifies for sovereign immunity.

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.”

Brad Hufford v. James Mcenaney

249 F.3d 1142 · Court of Appeals for the Ninth Circuit · May 22, 2001

immunity, we have jurisdiction over the purely legal question of whether Hufford has established a claim supported by clearly established law. … Hufford, as the party seeking to deprive the defendants of qualified immunity, bears the burden of proving that the rights he claims were "clearly established" at the time they were allegedly violated.

Gausvik v. Perez

392 F.3d 1006 · Court of Appeals for the Ninth Circuit · Nov 18, 2004

of qualified immunity. … We hold that Perez was entitled to a defense of qualified immunity on all constitutional claims.

L.J. ex rel. Darr v. Massinga

838 F.2d 118 · Court of Appeals for the Fourth Circuit · Feb 1, 1988

The district court heard and decided defendants’ claim for qualified immunity and plaintiffs’ claim for interim injunctive relief. … We also have jurisdiction to review the district court’s denial of defendants’ claim of qualified immunity under the holding in Mitchell v. Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985).

Cinthia Ann Powers v. Plumas Unified School District

192 F.3d 1260 · Court of Appeals for the Ninth Circuit · Oct 21, 1999

dog sniff searches were not "clearly established" at the time of the search at issue. … "Government officials are given qualified immunity from civil liability under S 1983 `insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Gloria Prokey v. George Watkins, Scott Cataldi & Roderick Beaulieu, Gloria Prokey v. George Watkins and James Sweeney, Gloria Prokey v. George Watkins, Mark Clark, Gloria Prokey v. George Watkins, Robert Schwartz, Gloria Prokey v. George Watkins, Thomas S. Roache, Sr.

942 F.2d 67 · Court of Appeals for the First Circuit · Aug 19, 1991

Mitchell dealt with the appealability of a denial of qualified immunity. … Explaining the Harlow standard, the Court said that, [u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the

Carlson, Phillip D. v. Gorecki, Mary E.

Court of Appeals for the Seventh Circuit · Jun 29, 2004

Finally, based on this record, Gorecki is not entitled to qualified immunity. … The cloak of qualified immunity is re- moved from a government official if the plaintiffs show that the law prohibiting the government official’s conduct was “clearly established.” Gregorich v.

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.

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).

Clayborne v. Tecumseh Department of Corrections

699 F. App'x 593 · Court of Appeals for the Eighth Circuit · Nov 1, 2017

. § 1983 action, Nebraska inmate Robert Clayborne appeals after the district court1 adversely granted summary judgment, finding defendants were entitled to qualified immunity on Clayborne’s claim that they were deliberately … Callahan, 555 U.S. 223, 232 (2009) (to determine if defendant is entitled to qualified immunity, court must consider whether facts establish violation of constitutional or statutory right, and whether right was so clearly

Matusick v. Erie Cnty. Water Auth.

Court of Appeals for the Second Circuit · Feb 25, 2014

 established ‐‐ the defendants have never argued this basis for qualified immunity.   … Clearly Established.  

Gasho v. United States

39 F.3d 1420 · Court of Appeals for the Ninth Circuit · Nov 2, 1994

The defendants argue that they are entitled to qualified immunity from damages caused by the arrests. We review qualified immunity de novo. Baker v. Racansky, 887 F.2d 183, 185 (9th Cir.1989). … The plaintiff first must show that the constitutional right is clearly established. Elder, 975 F.2d at 1392 .

Vivian Jackson v. Preston West

787 F.3d 1345 · Court of Appeals for the Eleventh Circuit · Jun 3, 2015

“Government officials performing discretionary functions are entitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “In addition, once the defense of qualified immunity is raised, the plaintiff must persuade the court that the law was clearly established that the defendant’s conduct in the circumstances amounted to deliberate indifference

Rodriguez v. Lebron

Court of Appeals for the First Circuit · Jan 19, 1994

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from civil damages "insofar as -6- 6 their conduct does not violate clearly established statutory or constitutional rights … Guti rrez-Rodr guez, 882 ___________________ ____________________ Betancourt and Oquendo qualified immunity.

Oladeinde v. Birmingham, City Of

230 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Oct 26, 2000

of Qualified Immunity for First Amendment Claims 77 Chief Deutsch and Captain Walker contend that they are entitled to qualified immunity because they did not violate clearly established law. … Flanigan, 102 F.3d 877, 886 (7th Cir.1996)). 80 "Government officials performing discretionary functions are entitled to qualified immunity 'insofar as their conduct does not violate clearly established statutory or constitutional