Case law

Brook Bernini v. City of St. Paul

665 F.3d 997 · Court of Appeals for the Eighth Circuit · Jan 13, 2012

Qualified immunity shields a public official from suit for civil damages when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The officers are therefore entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to the plaintiffs, establishes a violation of a constitutional or statutory right, and (2) the right was

Wordy Jack Thompson, Jr. v. Judge Charles O. Betts

754 F.2d 1243 · Court of Appeals for the Fifth Circuit · Mar 11, 1985

Civ.P. 54(b). 1 It is well established that, “[i]n the absence of a certification by the district court that meets these two requirements, a partial disposition of a multi-claim or multi-party action does not qualify as a … Moore, 744 F.2d 1179, 1183-86 (5th Cir.1984) (holding that denial of claim of qualified immunity is not immediately appealable since it is designed to provide a lesser measure of protection).

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.

Sharon Anderson v. Mario Cornejo, Appeals Of: Sergei Hoteko, Patrick Noonan, and Robert Trotter

355 F.3d 1021 · Court of Appeals for the Seventh Circuit · Jan 21, 2004

Three of the defendants in this Bivens action have taken interlocutory appeals, contending that they are entitled to qualified immunity. … Similarly, the knowledge of prosecutors (and judges) that most defendants in crack-cocaine cases are black does not establish discrimination.

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.

James Myers v. City of Centerville, Ohio

41 F.4th 746 · Court of Appeals for the Sixth Circuit · Jul 21, 2022

Crawford, 15 F.4th at 763 (“[M]ost statements of this proposition are careful to explain that its application rests on qualified immunity’s clearly established prong.”); id. at 765. … right was clearly established.

Alcala v. Ortega

District Court, D. New Mexico · Jan 5, 2024

A court has the discretion to decide “which of the two prongs of the qualified immunity analysis should be addressed first”—as either issue is dispositive on the issue of qualified immunity. Pearson v. … The Court granted summary judgment on the basis of qualified immunity because it found there was no constitutional violation and the Plaintiff failed to show a violation of clearly established law (Doc. 66 at 17–18).

Salvador Negrete v. G. Lewis

585 F. App'x 364 · Court of Appeals for the Ninth Circuit · Oct 7, 2014

The district court properly granted summary judgment on the basis of qualified immunity because during his two-year placement in the prison’s modified program, it would not have been clear to a reasonable prison official … Callahan, 555 U.S. 223, 232 (2009) (defendants are entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established”); see also Noble v.

C.F. Ex Rel Farnan v. Capistrano Unified School District

654 F.3d 975 · Court of Appeals for the Ninth Circuit · Aug 19, 2011

The district court granted these motions and ultimately held that, although the Peloza comment violated the Establishment Clause, the law was not clearly established, so Corbett was protected by qualified immunity. … [8] The Supreme Court has recently reiterated that we must not “define clearly established law at a high level of generali- ty” when analyzing whether the qualified immunity standard is met. Al-Kidd, 131 S.

James E. McCurdy v. Montgomery County, Ohio

240 F.3d 512 · Court of Appeals for the Sixth Circuit · Feb 16, 2001

Qualified immunity *520 shields government officials performing discretionary functions from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which … We apply a two-step analysis to determine whether a public official is entitled to qualified immunity: first, we determine whether a clearly established constitutional or statutory right has been violated; and second, we

Phillip D. Carlson and Thomas R. Smith v. Mary E. Gorecki

374 F.3d 461 · Court of Appeals for the Seventh Circuit · Jul 23, 2004

Finally, based on this record, Górecki is not entitled to qualified immunity. … The cloak of qualified immunity is removed from a government official if the plaintiffs show that the law prohibiting the government official’s conduct was “clearly established.” Gregorich v.

Daniel Chavez v. David Robinson

Court of Appeals for the Ninth Circuit · Apr 15, 2016

clearly established statutory or constitutional rights of which a reasonable person would have known.” … Chavez’s pro se complaint did not clearly show that he would be unable to overcome qualified immunity.

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

United States v. Michael Wright

697 F.3d 306 · Court of Appeals for the Fifth Circuit · Oct 1, 2012

Because the district court awarded Amy nothing, it therefore clearly and indisputably erred. … proximate cause) with McGarity, 669 F.3d at 1267-70 (concluding that proximate cause was not established), Aumais, 656 F.3d at 154-55 (same), and Kennedy, 643 F.3d at 1263-65 (same). .

John M. Gately and Patty Sue Gately v. Hamilton

New Jersey Superior Court Appellate Division · Oct 22, 2015

The father and his current wife, as co-plaintiffs, argue that the trial court erred by instructing the jury that defendants' conduct is subject to protection under qualified statutory immunities … immunity.

Weyant v. Okst

101 F.3d 845 · Court of Appeals for the Second Circuit · Dec 3, 1996

clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not violate those rights. … Qualified immunity does not protect those who are " 'plainly incompetent or those who knowingly violate the law.' " Hunter v. Bryant, 502 U.S. at 229 , 112 S.Ct. at 537 (quoting Malley v.

Ramirez v. Coughlin

919 F. Supp. 617 · District Court, N.D. New York · Mar 28, 1996

Qualified immunity “shields state officials from liability where they did not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Wright v. … “Even if established, therefore, qualified immunity is not grounds for dismissing all of [plaintiffs] claims.” Id.

Mark A. Merritt v. M.D. Reed Charles Lanehart, Arkansas Department of Correction

120 F.3d 124 · Court of Appeals for the Eighth Circuit · Jul 15, 1997

Qualified immunity *126 shields government officials from suit unless their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Harlow v. … In considering whether defendants are entitled to qualified immunity, we must consider whether the plaintiff has asserted a violation of a constitutional or statutory right that was clearly established at the time of the

Paterek v. Village of Armada, Michigan

801 F.3d 630 · Court of Appeals for the Sixth Circuit · Sep 8, 2015

Qualified Immunity Delecke asserts immunity as a public official even if Plaintiffs’ rights were violated. … Delecke’s claim for qualified immunity.

Alan Baynes v. Brandon Cleland

799 F.3d 600 · Court of Appeals for the Sixth Circuit · Aug 24, 2015

Clearly Established Although the district court agreed that Baynes established the first prong of the qualified immunity analysis, it ultimately found that Baynes’ claim could not survive summary judgment because … This right was ‘clearly established’ for qualified immunity purposes at the time of Amanda’s seizure on October 30, 2002.”)