Case law

Sherman L.G. Noble v. Janice Schmitt and Connie Stevens

87 F.3d 157 · Court of Appeals for the Sixth Circuit · Jun 14, 1996

Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability or civil damages insofar as their conduct does not violate clearly established statutory … Preferably, the claimant will make factual allegations in his complaint which are sufficient to establish a violation of clearly established law before the qualified immunity issue arises. Dominque, 831 F.2d at 676 .

Hamilton v. Cannon

80 F.3d 1525 · Court of Appeals for the Eleventh Circuit · Apr 19, 1996

The court also granted Lonnie Brown summary judgment on the section 1983 claims, in his individual capacity, on the ground of qualified immunity. Id. … On appeal, we reversed the district court's denial of qualified immunity to defendants Tookes and Duncan on the section 1983 claims. Hamilton v. Cannon, 80 F.3d 1525, 1532 (11th Cir.1996).

Morgan v. Swanson

659 F.3d 359 · Court of Appeals for the Fifth Circuit · Sep 27, 2011

not clearly established, we address step two of the qualified-immunity inquiry first. … IV We hold today that the principals are entitled to qualified immunity because clearly established law did not put the constitutionality of their actions beyond debate.

Engleman v. Deputy Murray

546 F.3d 944 · Court of Appeals for the Eighth Circuit · Nov 17, 2008

a clearly established right. … The Supreme Court has clearly stated that in establishing qualified immunity, the test must be applied at a level of specificity that approximates the actual circumstances of the case. Anderson v.

Massachusetts Furniture & Piano Movers Association, Inc. v. Federal Trade Commission

773 F.2d 391 · Court of Appeals for the First Circuit · Sep 30, 1985

Moreover, the FTC argues, both the Commission and the AU applied the Midcal standard to the facts of this case and found that the Association failed to establish a clearly articulated Massachusetts policy to promote anti-competitive … Accordingly, the Association met its first burden in establishing Parker immunity. 7 In order to be immunized from antitrust liability under Parker , the Association must also satisfy the second prong of the Midcal test —

Smith v. Cupp

430 F.3d 766 · Court of Appeals for the Sixth Circuit · Dec 2, 2005

The district court denied Dunn qualified immunity. … The particular right at issue was clearly established. Thus, Dunn is not entitled to qualified immunity.

Eric Darden v. City of Fort Worth, Texas

880 F.3d 722 · Court of Appeals for the Fifth Circuit · Jan 24, 2018

The district court determined that the officers had not violated clearly established law and were thus entitled to qualified immunity. … Once an official pleads qualified immunity, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly

Varney v. City of Colorado Springs, Colorado

District Court, D. Colorado · Sep 10, 2024

“In the context of a qualified immunity defense on an unlawful search or arrest claim, [the Court] ascertain[s] whether a defendant violated clearly established law by asking whether there was arguable probable cause … Holmes, 830 F.3d 1123, 1139 (10th Cir. 2016) (recognizing that the “arguable probable cause” inquiry is part of qualified immunity’s second prong—whether the law was clearly established).

Fabien Eldridge v. William E. Gibson, David Day, Robert Durham, Michael H. Knowlton, and Sam Lee

332 F.3d 1019 · Court of Appeals for the Sixth Circuit · Jun 19, 2003

Cameron Co., Tex., 274 F.3d 269, 276 (5th Cir.2001) (“It is a well established rule that where a judge’s absolute immunity would protect him from liability for the performance of particular acts, mere allegations that he … Eldridge’s argument that the Thirteenth Judicial District is a “person” subject to suit under § 1983 also fails because, as Judge Haynes discussed, the Thirteenth Judicial District is clearly a branch of the *1022 state and

Bhattacharya v. Murray, Jr.

District Court, W.D. Virginia · Jul 21, 2022

, because it was not clearly established that the filing of a professionalism concern card—what was in essence a referral for another party to consider discipline that the Plaintiff did not know about—was an adverse action … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Williams v. Jackson

600 F.3d 1007 · Court of Appeals for the Eighth Circuit · Mar 25, 2010

Qualified Immunity Qualified immunity generally shields “[g]overnment officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established … established right to be free from such radiation, qualified immunity applies.

Kercado-Clymer v. City of Amsterdam

370 F. App'x 238 · Court of Appeals for the Second Circuit · Mar 25, 2010

To be denied summary judgment on qualified immunity, an official must violate clearly established law. Harlow, 457 U.S. at 818. … We conclude that Brownell’s actions, while patently inappropriate, did not violate clearly established law.

Grant v. Riverside Corp.

364 Pa. Super. 593 · Supreme Court of Pennsylvania · May 21, 1987

Clearly, from a review of the above criteria, it is not mandatory that a contractor be the general contractor on a construction project to qualify as a statutory employer. … Clearly, this language is distinguishable from our Section 203, in its explicit extension of immunity to all contractors and subcontractors present at the job site and conducting the business of the injured employee’s direct

Hershel Rosenbaum v. Washoe County

663 F.3d 1071 · Court of Appeals for the Ninth Circuit · Nov 30, 2011

, whether that right was clearly established at the time of the event. … WASHOE COUNTY qualified immunity where “every reasonable official” would have understood that he was violating a clearly established right (emphasis added) (internal quotation marks and citation omitted)).2 In this case

Knopf v. Williams

884 F.3d 939 · Court of Appeals for the Tenth Circuit · Mar 5, 2018

He moved for summary judgment based on qualified immunity because (1) Mr. Knopf had failed to prove a violation of a constitutional right, and (2) the law was not clearly established at the time of Mr. … Knopf with clearly established law to overcome Mayor Williams's qualified immunity defense.

Mejia v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Mar 20, 2025

To overcome qualified immunity, a plaintiff must establish: (1) the official violated a statutory or constitutional right; and (2) the right violated was “clearly established” such that a reasonable person … established for purposes of qualified immunity.!

Kreger-Mueller, Valerie v. Shiner, Justin

District Court, W.D. Wisconsin · Sep 9, 2019

Pachtman, 424 U.S. 409, 424–28 (1976) (explaining the policy rationales that underlie the doctrine of absolute prosecutorial immunity). … Counseling Ctr., 987 F.2d 397, 408–09 (7th Cir. 1993) (discussing relevant case law in context of assessing whether law was clearly established for qualified-immunity purposes).

Walden v. City of Seattle

77 Wash. App. 784 · Court of Appeals of Washington · Apr 3, 1995

In an action under § 1983, government employees, including police officers, are afforded qualified immunity under federal law unless, in the performance of discretionary duties, their conduct violated " 'clearly established … Thus, entitlement to qualified immunity may be established as a matter of law on a motion for summary judgment or for a directed verdict. Robinson v. Seattle, 119 Wn.2d 34 , 830 P.2d 318 , cert. denied, 113 S.

Service Employment Redevelopment v. Fort Worth Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 3, 2005

code did not clearly and unambiguously waive school district’s immunity from suit); City of Dallas v. … provides the “requisite clarity to establish a waiver of immunity from suit”). 8.

Weigel v. Broad

544 F.3d 1143 · Court of Appeals for the Tenth Circuit · Oct 21, 2008

Qualified immunity is an affirmative defense to an excessive force claim. … deadly force violated clearly established law.