Case law
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863 F.2d 260 · Court of Appeals for the Second Circuit · Dec 20, 1988
that decision, noted that prosecutors may assert only qualified immunity, not absolute immunity, for their administrative or investigative tasks not intimately associated with the judicial process. … have absolute immunity for some of their acts but only qualified immunity for others.
Cited 24 timesPublished883 F.2d 502 · Court of Appeals for the Sixth Circuit · Aug 30, 1989
whether Owens violated clearly established constitutional rights, and *504 whether Madry sustained her burden of producing direct evidence of racially-based animus. … In remanding this issue, we note a confusion that has arisen at oral argument on this qualified immunity appeal.
Cited 21 timesPublishedMarietta Robinson v. Sarah Pezzat
818 F.3d 1 · Court of Appeals for the D.C. Circuit · Apr 1, 2016
Seeking to avoid this result, the District urges us to affirm on an alternative ground, i.e., that Pezzat is entitled to qualified immunity because she violated no clearly established law. … In the district court, the District of Columbia argued only that Robinson suffered no constitutional injury; it never argued that the officers were entitled to qualified immunity on clearly established law grounds.
Cited 122 timesPublished106 F.3d 1308 · Court of Appeals for the Sixth Circuit · Feb 14, 1997
Because most legal rights are “clearly established” at some level of generality, immunity would be impossible to obtain if a plaintiff were required only to cite an abstract legal principle that an official had “clearly” … Auger, 842 F.Supp. 25 (D.Me.1994)(cries of pain caused by too-tight cuffs; qualified immunity denied).
Cited 105 timesPublishedRussell v. Wayne County School District
District Court, S.D. Mississippi · Aug 16, 2019
Creighton, 483 U.S. 635, 639 (1987) (reciting that qualified immunity turns on the “legal rules that were ‘clearly established’ at the time [the official action] was taken”). … Town of Ball, 827 F.3d 515, 529 (5th Cir. 2016) (permitting Monell claim to proceed to trial despite grant of qualified immunity based on the ‘clearly established’ prong).
Cited 0 timesUnknown128 F.3d 810 · Court of Appeals for the Third Circuit · Oct 24, 1997
QUALIFIED IMMUNITY A. … To prevail on their qualified immunity claim,--a claim not reached by the district court--defendants must show that their conduct did not violate a clearly established constitutional right of which a reasonable officer would
Abrogated on other grounds by Curley v. Klem, 499 F.3d 199 (2007)Cited 419 timesPublishedMcIntosh Ex Rel. Estate of McIntosh v. Smith
690 F. Supp. 2d 515 · District Court, S.D. Texas · Feb 2, 2010
Qualified Immunity “[government officials performing discretionary functions generally are shielded from liability for civil damages [by qualified immunity] insofar as their conduct does not violate clearly established statutory … and the then clearly established law.
Cited 15 timesPublishedSupreme Court of Louisiana · Jun 26, 2019
Fitzgerald, 457 U.S. 800, 815-19, 102 S.Ct. 2727, 2736-39, 73 L.Ed.2d 396 (1982) (allegations of malice are insufficient to overcome qualified immunity). … Conduct, clearly recognizes the dichotomy between adjudicative and administrative duties.
Cited 0 timesPublishedChandler v. Secretary of the Florida Department of Transportation
695 F.3d 1194 · Court of Appeals for the Eleventh Circuit · Sep 19, 2012
Consequently, qualified immunity is denied. We review de novo the district court’s denial of the motion to dismiss on qualified immunity grounds. See Long v. Slaton, 508 F.3d 576, 579 (11th Cir.2007). II. … violation of a clearly established law.
Cited 142 timesPublishedDistrict Court, S.D. Texas · Nov 22, 2021
This second prong of the qualified immunity analysis involves “two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, whether the conduct … City of Arlington, Texas, 16 F.4th 1159 (Sth Cir. 2021) (affirming the dismissal of claims based on qualified immunity when “the plaintiffs failed to identify any clearly established law that would place beyond doubt the
Cited 0 timesUnknownErika Mabes v. Angela McFeeley
Court of Appeals for the Seventh Circuit · Apr 28, 2025
Both sets of defendants invoked qual- ified immunity, contending that their actions did not violate the Mabeses’ clearly established rights. … Thompson’s en- titlement to qualified immunity naturally follows from the Mabeses’ failure to carry their “burden of demonstrating the violation of a clearly established right.” Forman v.
Cited 0 timesPublishedDavid C. Skrtich v. Timothy Alvin Thornton
Court of Appeals for the Eleventh Circuit · Jan 29, 2002
established law” of excessive force on its head and changes the purpose of qualified immunity in excessive force cases from one of protection for the legitimate use of force into a shield for clearly illegal conduct. … Layne, 526 U.S. 603, 615 (1999) (“‘clearly established’” for purposes of qualified immunity does not mean that “‘an official action is protected by qualified immunity unless the very action in question has previously been
Cited 0 timesPublished814 F. Supp. 885 · District Court, E.D. California · Feb 24, 1993
Officers are entitled to qualified immunity if their conduct did not violate plaintiffs’ clearly established statutory or constitutional rights or if the officers could reasonably have believed that their conduct was lawful … Alternatively, defendants are entitled to qualified immunity if they prove that a reasonable officer possessing the same information could have believed that the conduct at issue was reasonable in light of the clearly established
Cited 10 timesPublished964 F.3d 747 · Court of Appeals for the Eighth Circuit · Jul 9, 2020
The district court ruled that all officers except Stevens were entitled to qualified immunity. … Even so, to defeat Stevens’s defense of qualified immunity, Shelton must demonstrate that his right to be free from this particular use of force was clearly established at the time of the incident.
Cited 15 timesPublished829 F.2d 317 · Court of Appeals for the Second Circuit · Sep 18, 1987
We hold that defendants did not violate any of Hawkins’ clearly-established federal rights by failing to reappoint him, and therefore the individual defendants are entitled to qualified immunity as a matter of law. … The court found that the individual Board members were not entitled to qualified immunity from suit, apparently on the theory that Hawkins had a clearly-established first amendment right not to be terminated from his job
Cited 54 timesPublished322 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Feb 28, 2003
The qualified immunity defense may be raised and addressed on a motion to dismiss, and will be granted if the complaint “fails to allege the violation of a clearly established constitutional right.” Chesser v. … Qualified immunity protects government officials sued 'in their individual capacities as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have
Cited 34 timesPublished659 F.3d 440 · Court of Appeals for the Fifth Circuit · Sep 28, 2011
in light of clearly established law at the time of the violation. … We further noted that “the subjective deliberate indifference standard serves only to demonstrate the clearly established law in effect at the time of the incident.” Id. Here, we are concerned with qualified immunity.
Cited 340 timesPublished138 F.3d 563 · Court of Appeals for the Fifth Circuit · Apr 3, 1998
Louisiana Office of Community Services, 47 F.3d 1438, 1444 (5th Cir. 1995) (“A factfinder can infer pretext if it finds that the employee was ‘clearly better qualified’ (as opposed to merely better or as qualified) than … Assuming arguendo that Nichols was indeed prepared to handle the rigors of the night perishables supervisor position, her listed “qualifications” nevertheless do not establish her to be ‘clearly better qualified’ for it
Cited 60 timesPublishedPeople of Guam v. ELIGIO ADRIATICO
Supreme Court of Guam · Dec 13, 2024
Md. 1976) (applying Kastigar, stating, “The legislative history of this statute clearly reveals a congressional intent that a ‘statutory (claim of immunity) . . . be as broad as, but no broader than, the privilege against … [58] Here, the established principles of federal law dictate a result—the alleged unconstitutional action does not fall below a federal floor.
Cited 0 timesPublished844 F.3d 870 · Court of Appeals for the Tenth Circuit · Dec 20, 2016
Having further considered our earlier opinion, we now hold that the three law- enforcement officers are entitled to qualified immunity because they did not violate clearly established law. … Addressing only the clearly-established-law prong of the qualified-immunity analysis, the Supreme Court reversed. Id.
Cited 76 timesPublished
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