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  • Marietta 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 timesPublished
  • Martin v. Heideman

    106 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 timesPublished
  • Russell 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 timesUnknown
  • Sharrar v. Felsing

    128 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 timesPublished
  • McIntosh 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 timesPublished
  • Chandler 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 timesPublished
  • Williamson v. City of Virginia Beach, Va.

    786 F. Supp. 1238 · District Court, E.D. Virginia · Mar 13, 1992

    “controlling precedent”) has, for qualified immunity purposes, “clearly established” such right. See Jensen v. … jurisdictions), can “clearly establish” a right for qualified immunity purposes.

    Cited 23 timesPublished
  • Mallett Jr. v. Goines

    District 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 timesUnknown
  • 55 Fair empl.prac.cas. 338, 51 Empl. Prac. Dec. P 39,294 William D. Crutcher, Marion L. Madry v. Commonwealth of Kentucky, Appeal of H. David Owens

    883 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 timesPublished
  • Erika 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 timesPublished
  • David 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 timesPublished
  • Orozco v. County of Yolo

    814 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 timesPublished
  • Stanley R. Palowsky, III, Individually, and on Behalf of Alternative Environmental Solutions, Inc. v. Allyson Campbell

    Supreme 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 timesPublished
  • Hawkins v. Steingut

    829 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 timesPublished
  • Smith v. Siegelman

    322 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 timesPublished
  • Porter v. Epps

    659 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 timesPublished
  • Nichols v. Lewis Grocer

    138 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 timesPublished
  • Aldaba v. Marshall County

    844 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
  • Navreet Nanda v. Gerald Moss

    412 F.3d 836 · Court of Appeals for the Seventh Circuit · Jun 27, 2005

    ANALYSIS Government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated “clearly established ... constitutional rights of which a reasonable person would … Nanda’s Clearly Established Rights Having found that Dean Moss’s alleged actions violated Dr. Nanda’s constitutional rights, Dean Moss would still be entitled to qualified immunity if Dr.

    Cited 35 timesPublished
  • Brian Baude v. Gerald Leyshock

    23 F.4th 1065 · Court of Appeals for the Eighth Circuit · Jan 27, 2022

    “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Baude’s right to be free from the alleged types of force was clearly established in September of 2017. See Johnson v.

    Cited 37 timesPublished

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