Case law

Sueiro Vazquez v. Torregrosa De La Rosa

494 F.3d 227 · Court of Appeals for the First Circuit · Jul 19, 2007

clearly established rights of the plaintiffs. … For example, in Borges Colón, an advice of counsel defense failed to establish qualified immunity.

Torchinsky v. Siwinski

942 F.2d 257 · Court of Appeals for the Fourth Circuit · Aug 9, 1991

The basic purposes of qualified immunity bear repeating. … This objective test involves an inquiry into whether a government official has violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Kenneth Hunter v. Town of Mocksville, North Caro

789 F.3d 389 · Court of Appeals for the Fourth Circuit · Jun 15, 2015

To successfully avail themselves of qualified immunity, Defendants must show either that no constitutional violation occurred or that the right violated was not clearly established at the timé it was violated. Id. … Qualified immunity shields government officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531 .

Drumgold v. Callahan

707 F.3d 28 · Court of Appeals for the First Circuit · Jan 31, 2013

Qualified Immunity Callahan argues that, even if the evidence he withheld was material, he is entitled to judgment as a matter of law on the basis of qualified immunity because it was not clearly established at the time of … Qualified immunity is an affirmative defense.

Williams v. Mehra

186 F.3d 685 · Court of Appeals for the Sixth Circuit · Aug 4, 1999

“Mitchell 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.” Behrens v. … Qualified Immunity “Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Randell v. Davis

986 F.2d 1419 · Court of Appeals for the Fifth Circuit · Feb 17, 1993

Waganfeald v. Gusman

674 F.3d 475 · Court of Appeals for the Fifth Circuit · Mar 12, 2012

light of clearly established law at the time of the violation.”21 A defendant violates clearly established law only if “the contours of [the] right are sufficiently clear that every reasonable official would have understood … established law, so the district court should have granted him judgment as a matter of law on qualified immunity. 27 McCoy v.

Cheryl James v. Wilkes Barre City

700 F.3d 675 · Court of Appeals for the Third Circuit · Nov 29, 2012

III The doctrine of qualified immunity insulates government officials who are performing discretionary functions ―from liability for civil damages insofar as their conduct does not violate clearly established statutory … The Supreme Court has established a two-part analysis that governs whether an official is entitled to qualified immunity. Saucier v. Katz, 533 U.S. 194, 201 (2001).

Price v. Federal Express Corp.

283 F.3d 715 · Court of Appeals for the Fifth Circuit · Mar 12, 2002

Second, he argues that by presenting evidence that he is clearly better qualified than Paone, he has effectively established pretext. … clearly))more qualified for the subject job.”

Margheim v. Buljko

855 F.3d 1077 · Court of Appeals for the Tenth Circuit · Apr 28, 2017

clearly established law.” … Having established that Mr. Margheim failed to make out a constitutional violation, we need not address the clearly established law inquiry of the qualified immunity analysis.

Edwards v. Oliver

31 F.4th 925 · Court of Appeals for the Fifth Circuit · Apr 19, 2022

“But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Id. … And even putting all of this aside, one central problem remains: To overcome qualified immunity, Plaintiffs (and the panel majority) must demonstrate that the constitutional violation here was clearly established.

Belsito Communications, Inc. v. Decker

845 F.3d 13 · Court of Appeals for the First Circuit · Dec 23, 2016

ISSUES INVOLVING BLACKDEN On the qualified-immunity front, our combatants battle over whether Trooper Decker violated clearly-established Fourth- and First-Amendment law. … At qualified-immunity's second step, Blackden must show that clearly-established law in August 2010 would have put Trooper Decker on clear notice of his potential First-Amendment liability.

Estate of Miller, Ex Rel. Bertram v. Tobiasz

680 F.3d 984 · Court of Appeals for the Seventh Circuit · May 24, 2012

Qualified immunity protects government officials from individual liability for actions taken while performing discretionary functions, unless their conduct violates clearly established statutory or con *989 stitutional rights … qualified immunity analysis; that the constitutional right must be clearly established.

Brent K. Hansen v. John Soldenwagner Raymond Malecki John Puleo, City of Sunrise

19 F.3d 573 · Court of Appeals for the Eleventh Circuit · Apr 21, 1994

QUALIFIED IMMUNITY Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates no “clearly established statutory or constitutional rights of which a reasonable … Here, as in all qualified immunity cases, the question is fact specific: in April 1990, was it clearly established in this circuit that it was unconstitutional for police officials to investigate and to suspend an officer

Reichle v. Howards

566 U.S. 658 · Supreme Court of the United States · Jun 4, 2012

Judge Paul Kelly dissented from the court’s denial of qualified immunity. … S. 223, 236 (2009), we held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving the often more difficult question whether the purported

Jean v. Collins

221 F.3d 656 · Court of Appeals for the Fourth Circuit · Aug 15, 2000

Via, Tonisha v. LaGrand, Sandra

Court of Appeals for the Seventh Circuit · Nov 17, 2006

See Jones, 425 F.3d at 460 (holding that a defendant is entitled to qualified immunity if the alleged constitutional right was not clearly established at the time of the alleged violation). … was not yet clearly established at the time of the investigation of Via.”

Martinez v. Texas Workforce Commission-Civil Rights Division

775 F.3d 685 · Court of Appeals for the Fifth Circuit · Dec 30, 2014

We have held that a plaintiff may establish pretext by demonstrating that he was “clearly better qualified” such that “the qualifications are so widely disparate that no reasonable employer would have made the same decision … Indeed, an employee’s “better education, work experience, and longer tenure with the company do not establish that he is clearly better qualified.” Price, 283 F.3d at 723.

Reverend Stephen Jarrard v. Sheriff of Polk County

115 F.4th 1306 · Court of Appeals for the Eleventh Circuit · Sep 16, 2024

established” to over- come their qualified-immunity defense. … Hartop, 992 F.3d 492, 504–17 (6th Cir. 2021), but that case cannot clearly establish the law in this Circuit for purposes of qualified immunity. Gilmore, 111 F.4th at 1135–36.

Denno v. School Board of Volusia County

182 F.3d 780 · Court of Appeals for the Eleventh Circuit · Jul 26, 1999

QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS Qualified immunity shields government officials from both suit and liability if their conduct violates no clearly established right of which a reasonable person would … As indicated in our elaboration above of the qualified immunity standard, pre-existing law must clearly establish the alleged constitutional right.