Case law

Harris v. City of Circleville

583 F.3d 356 · Court of Appeals for the Sixth Circuit · Oct 2, 2009

The Court, however, retains jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law. Id. … Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate *365 clearly established

Donald Saucier v. Elliot M. Katz and in Defense of Animals

533 U.S. 194 · Supreme Court of the United States · Jun 11, 2001

This Court does not quarrel with the basic principle that to establish liability under 1962(c) one must allege and prove the existence of two distinct entities: (1) a "person"; and (2) an "enterprise" that is not simply the … We now agree with these Circuits and hold that the Second Circuit's interpretation of 1962(c) is erroneous. 5 We do not quarrel with the basic principle that to establish liability under 1962(c) one must allege and prove

Bond v. City of Tahlequah

981 F.3d 808 · Court of Appeals for the Tenth Circuit · Dec 1, 2020

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … Clearly Established Law We have concluded that summary judgment was improper on the first prong of qualified immunity—violation of a constitutional right.

Post v. City of Fort Lauderdale

7 F.3d 1552 · Court of Appeals for the Eleventh Circuit · Nov 9, 1993

Defendants are, at least, entitled to qualified immunity because no facts before us show defendants violated clearly established law. See Lindsey v. … Hurley is entitled to qualified immunity because Hurley's acts, as established by the record before us, violated no clearly established law. C.

Richard Betker v. Rodolfo Gomez

692 F.3d 854 · Court of Appeals for the Seventh Circuit · Sep 5, 2012

Qualified immunity shields a government official from liability for civil damages unless his or her conduct violates a clearly established principle or constitutional right of which a reasonable person would have known at … The Lack of Probable Cause Was Clearly Estab- lished at the Time of the Raid The final part of our qualified immunity inquiry is whether the constitutional right at stake “was clearly established at the time of the

Aponte-Matos v. Toledo-Davila

135 F.3d 182 · Court of Appeals for the First Circuit · Feb 4, 1998

Qualified immunity protects both federal and state officials from liability for damages in a civil rights action if "a reasonable officer could have believed [his actions] to be lawful, in light of clearly established … is qualified immunity.

Sharp v. Johnson

669 F.3d 144 · Court of Appeals for the Third Circuit · Feb 9, 2012

The Magistrate Judge also did not err in holding that Defendants were protected by qualified immunity because they did not violate Sharp’s clearly established rights. … A right is clearly established for qualified immunity purposes where its contours are “sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

Julian J. Miller v. Albert Gonzalez

761 F.3d 822 · Court of Appeals for the Seventh Circuit · Aug 5, 2014

As will be clear from the discussion that follows, Miller’s right to be free from the type of force Gonzalez applied was “clearly established,” such that Gonzalez is not entitled to qualified immunity. See Abbott v. … And as the cases cited above demonstrate, this was clearly established at the time of Miller’s arrest.

Correll Thomas v. C. Dillard

Court of Appeals for the Ninth Circuit · May 5, 2016

DILLARD 3 Dillard was entitled to qualified immunity because it was not clearly established at the time that the initial demand for a frisk was unlawful. … Because it was not clearly established at the time that the perceived domestic violence nature of an investigation was insufficient to establish reasonable suspicion, however, we hold Dillard is entitled to qualified immunity

Tibbetts v. Kulongoski

567 F.3d 529 · Court of Appeals for the Ninth Circuit · May 29, 2009

Bryant, 502 U.S. 224, 226 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (per curiam) (noting if the parameters of the right are not clearly established by case law, the official is entitled to qualified immunity). … Pelzer, 536 U.S. 730, 741 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002), if the parameters of the right are not clearly established by case law, the official is entitled to qualified immunity.

Alachua General Hosp., Inc. v. Zimmer USA, Inc.

403 So. 2d 1087 · District Court of Appeal of Florida · Sep 11, 1981

litigation is "closely related" to the previous, terminated litigation. [2] However, the weight of modern authority clearly provides that work product retains its qualified immunity after the original litigation terminates … Smith in his investigation of the Hospital fire was work product as to the initial wrongful death litigation, and retains its qualified immunity as to the present litigation.

Scotto v. Almenas

143 F.3d 105 · Court of Appeals for the Second Circuit · May 5, 1998

Most executive officials receive qualified immunity, whereby “government officials performing discretionary functions ... are shielded from liability ... insofar as their conduct does not violate clearly established statutory … Qualified Immunity The district court did not. consider, and the parties have not briefed, whether or not Almenas, as alleged by Scotto, violated clearly established constitutional norms of which an objectively reasonable

Denno v. School Bd. of Volusia Cty.

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 … See Lassiter, 28 F.3d at 1150 (noting that qualified immunity is surrendered only when “pre-existing law” clearly establishes right in question).

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.

Mary Stewart v. City of Euclid

970 F.3d 667 · Court of Appeals for the Sixth Circuit · Aug 14, 2020

Further, even if Rhodes violated Stewart’s constitutional rights, it held those rights were not clearly established as required to deny qualified immunity. … established and that, therefore, Rhodes is not entitled to qualified immunity.

Edward H. Flint, Individually, as Father, Next of Kin, Administrator and Personal Representative of the Estate of Robert Flint v. Kentucky Department of Corrections Jack C. Lewis, Commissioner, Kentucky Department of Corrections Dewey Sowders, Deputy Commissioner, Kentucky Department of Corrections C. Tony Williams, Interim Warden Michael Whisman Tommy Eldridge Richard Gray Sue Montgomery, in Her Capacity as Guardian for James H. Montgomery, James Edgar Underwood Jim Montgomery, Print Shop Supervisor

270 F.3d 340 · Court of Appeals for the Sixth Circuit · Oct 26, 2001

before trial whether the defendant did acts that violate clearly established rights." … were violating a clearly established right of Flint's.Williams, 186 F.3d at 691 .

David Ivey v. Audrain County, Missouri

968 F.3d 845 · Court of Appeals for the Eighth Circuit · Aug 4, 2020

The court today concludes the defendant jail employees are entitled to qualified immunity because it believes Ivey’s father failed to establish a violation of clearly established law related to his son’s death while in custody … Such an approach is required “even when . . . a court decides only the clearly-established prong of the [qualified immunity] standard.” Id.

Sydney Williams v. Jamie L. Bramblett, in her individual capacity, Glenn Curry, in his individual capacity, Angela Kramp, in her individual capacity, Camelot Care Centers, LLC, Erin Helmholz, and Kathy Henke

District Court, C.D. Illinois · Jan 5, 2026

Qualified Immunity “[Qlualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … immunity because the alleged constitutional violation will rarely ~ if ever-- be clearly established”).

Melanie Kelsay v. Matt Ernst

933 F.3d 975 · Court of Appeals for the Eighth Circuit · Aug 13, 2019

Qualified immunity shields a government official from suit under § 1983 if his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … The district court rejected Ernst's defense of qualified immunity.

Kishna Brown v. Bradley Lewis

779 F.3d 401 · Court of Appeals for the Sixth Circuit · Feb 26, 2015

“Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official's position … Second, the officers seem to interpret Dorsey as establishing additional deference for law-enforcement decision-making, beyond the constitutional and clearly-established prongs of the qualified-immunity