Case law

Opinions from 1658 to today.

Filters1925

10,000+ results

3.43s

  • Grawey v. Drury

    567 F.3d 302 · Court of Appeals for the Sixth Circuit · May 28, 2009

    Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Clearly Established Constitutional Right The next step of our qualified immunity analysis is whether the alleged violations involved a constitutional right that was clearly established at the time of the alleged misconduct

    Cited 163 timesPublished
  • Miller v. Doe

    214 Conn. App. 35 · Connecticut Appellate Court · Jul 26, 2022

    ‘‘If an official’s conduct did not violate a clearly established constitutional right . . . then he is protected by qualified immunity.’’ Walker v. Schult, supra, 126. … Our conclusion that federal law does not clearly establish the right at issue in the present case, however, does not end our qualified immunity analysis.

    Cited 0 timesPublished
  • Russell v. Coughlin

    910 F.2d 75 · Court of Appeals for the Second Circuit · Aug 2, 1990

    On the eve of trial, defendants moved for summary judgment arguing that because Russell had no clearly established liberty interest in remaining out of keeplock they were protected by qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official “if it was objectively reasonable for [the official] to believe that his acts did not violate those rights.”

    Cited 66 timesPublished
  • Knapp v. Goudschaal

    District Court, W.D. Washington · Aug 11, 2025

    employees are not entitled to qualified immunity on judicial 5 deception claims.” … Callahan, 555 U.S. 223, 236 (2009) (holding that courts 21 have discretion to consider the two prongs of qualified immunity, whether a constitutional right 22 was violated and whether that right was clearly established

    Cited 0 timesUnknown
  • Ceramic Corp. of America v. Inka Maritime Corp.

    1 F.3d 947 · Court of Appeals for the Ninth Circuit · Aug 6, 1993

    Even where the defendant is amenable to process in the alternative forum, however, there may be “rare circumstances” in which the “remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it … Because Japan will “not permit litigation of the subject matter of the dispute,” we are confronted with one of those rare instances where the remedy 'provided by the alternative forum is *950 “clearly unsatisfactory.”

    Cited 20 timesPublished
  • Peggy Poe v. John Leonard, Defendant-Third Party-Plaintiff-Appellant, Douglas Pearl, State of Connecticut, Third-Party-Defendant

    282 F.3d 123 · Court of Appeals for the Second Circuit · Feb 19, 2002

    Qualified Immunity A. … We have found that a qualified immunity defense is established when “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did

    Cited 288 timesPublished
  • Jamie Kirkpatrick v. County of Washoe

    843 F.3d 784 · Court of Appeals for the Ninth Circuit · Dec 9, 2016

    “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.” Sheehan, 135 S.Ct. at 1776 . … , established, and they, .are therefore entitled to qualified immunity..on this claim.

    Cited 195 timesPublished
  • Vaughn v. Greene County

    438 F.3d 845 · Court of Appeals for the Eighth Circuit · Feb 17, 2006

    did not specify the disputed facts on which it relied, thereby making it difficult for this court to "know what set of facts to assume when [we] answer[ ] the purely legal question about `clearly established' law." … Individual Liability of Sheriff Langston 12 "Qualified immunity protects a government official from liability in a [section] 1983 claim unless his or her conduct violated a clearly established statutory or constitutional

    Cited 56 timesPublished
  • Alejandro Luna, Plaintiff-Appellee-Cross-Appellant v. Jose Pico and Allen Cave, Defendants-Appellants-Cross-Appellees

    356 F.3d 481 · Court of Appeals for the Second Circuit · Jan 30, 2004

    The Doctrine of Qualified Immunity The doctrine of qualified immunity protects state officials from civil liability for actions performed in the course of their duties if “their conduct does not violate clearly established … established” for the purpose of future qualified immunity cases involving similar fact patterns.

    Cited 173 timesPublished
  • Howard v. Fisk

    District Court, W.D. Arkansas · Mar 18, 2020

    Thus, the Court must conclude that Fisk is entitled to qualified immunity and dismiss all individual capacity claims against her. See Estate of Walker v. … Wallace, 881 F.3d 1056, 1060 (8th Cir. 2018) (“An individual is entitled to qualified immunity if his conduct does not violate clearly established constitutional rights of which a reasonable person would have known.”)

    Cited 0 timesUnknown
  • Melinda Holmes v. Steven C. Kucynda, Marty David Rolfe, James C. Bullock, Jason W. Poole, Cobb County, a Political Subdivision of the State of Georgia

    321 F.3d 1069 · Court of Appeals for the Eleventh Circuit · Feb 13, 2003

    The essence of qualified immunity is notice. See Hope v. Pelzer, 536 U.S. 730 , 122 S.Ct. 2508, 2515 , 153 L.Ed.2d 666 (2002). 8 Qualified immunity analysis proceeds in two steps. See Chesser v. … If no constitutional violation is established, then the defendants prevail, and “there is no necessity for further inquiries concerning qualified immunity.” Id.

    Cited 171 timesPublished
  • Sloley v. VanBramer

    945 F.3d 30 · Court of Appeals for the Second Circuit · Dec 12, 2019

    However, that is not the only way in 14 which a right may be “clearly established” for qualified immunity purposes. … (“[Q]ualified immunity clearly established for purposes of qualified immunity.

    Cited 123 timesPublished
  • Blankenship v. Stewart

    District Court, D. Nevada · Nov 20, 2020

    Callahan, 555 U.S. 223, 231 17 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil 18 damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, this Court properly found 20 that URP members were entitled to qualified immunity. 21 Finally, Defendants argue that Stewart and Filson are not entitled to qualified immunity 22 and this

    Cited 0 timesUnknown
  • Frank Humphrey v. Norbert Staszak

    148 F.3d 719 · Court of Appeals for the Seventh Circuit · Jul 23, 1998

    In the context of an arrest, qualified immunity “will shield a police officer from § 1983 liability if a reasonable officer could have believed [the plaintiffs arrest] to be lawful, in light of clearly established law and … CONCLUSION For these reasons and those stated by the Supreme Court and by us in our previous decisions, we hold that Officer Staszak did not violate a clearly established law and that he is entitled to qualified immunity,

    Cited 167 timesPublished
  • VDARE Foundation v. City of Colorado Springs

    11 F.4th 1151 · Court of Appeals for the Tenth Circuit · Aug 23, 2021

    was clearly established at the time of the defendant’s alleged misconduct.” … As a result, we needn’t reach the second prong regarding clearly established law. Hesse v.

    Cited 79 timesPublished
  • Bailey v. Hughes

    815 F. Supp. 2d 1246 · District Court, M.D. Alabama · Sep 30, 2011

    The Court should grant a motion to dismiss on qualified immunity grounds “if the plaintiffs complaint fails to allege a violation of a clearly established constitutional or statutory right.” Williams v. … Case law need not arise out of factually identical situations to clearly establish law for purposes of the qualified immunity analysis. Id. at 1351 .

    Cited 7 timesPublished
  • Mitchell v. Forsyth

    472 U.S. 511 · Supreme Court of the United States · Jun 19, 1985

    Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. See id., at 818 . … qualified immunity.

    Reported overruled on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009) — not on the Supreme Court's listCited 8,308 timesPublished
  • Handy v. Fisher

    District Court, D. Colorado · Jul 1, 2020

    Plaintiffs claim that by neglecting to argue that the law was not clearly established defendants failed to meet their burden of pleading and developing their qualified immunity defense. … However, the qualified immunity analysis only considers what law was clearly established “at the time of the defendant’s alleged misconduct.” Pearson v. Callahan, 555 U.S. 223, 129 S. Ct. 808, 811, 172 L.

    Cited 0 timesUnknown
  • Citizens Committee for Faraday Wood v. John v. Lindsay, Mayor of the City of New York

    507 F.2d 1065 · Court of Appeals for the Second Circuit · Apr 28, 1975

    Williams, 397 U.S. 471 , 90 S.Ct. 1153 , 25 L.Ed.2d 491 (1970), plaintiffs must establish that the city’s action impinges on a suspect class in order to qualify for the stricter compelling state interest standard. … Such relief would clearly be inappropriate. *1070 Also, in Lackawanna the record clearly established that the city’s actions had been motivated by improper racial considerations. Kennedy Park Homes Assn. v.

    Cited 39 timesPublished
  • Brown v. Frey

    889 F.2d 159 · Court of Appeals for the Eighth Circuit · Nov 7, 1989

    Trickey did not violate Brown’s clearly established right to call witnesses at the February 27 contraband hearing. As a result, they are entitled to qualified immunity and are immune from liability. … Trickey are immune from liability under the doctrine of qualified good faith immunity because they did not violate any clearly established constitutional right.

    Cited 88 timesPublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.