Case law

Linda K. Wood v. Steven C. Ostrander Neil Maloney

851 F.2d 1212 · Court of Appeals for the Ninth Circuit · Jul 13, 1988

Qualified immunity State officials cannot be held liable for damages under § 1983 unless their conduct violates a clearly established constitutional right. Davis v. … away clearly established law.

Sharon Ann Belcher, as Administratrix of the Estate of Rocky L. Belcher, Deceased v. The City of Foley, Alabama, James Anderson Officer Jimmy Roberson Charles McKinley Dwain Riebeling, Sharon Ann Belcher, as Administratrix of the Estate of Rocky L. Belcher, Deceased v. The City of Foley, Alabama James Anderson Officer Jimmy Roberson Charles McKinley Dwain Riebeling

30 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Sep 2, 1994

Thus, to overcome the defendants' qualified immunity, Mrs. … Belcher's death no decision had clearly established that Chief Anderson's actions or inactions constituted deliberate indifference, he is entitled to qualified immunity. 40 2.

Guercio v. Brody

500 U.S. 904 · Supreme Court of the United States · Apr 29, 1991

James Raper, Jr. v. Tina Maxwell

Court of Appeals for the Eighth Circuit · Apr 10, 2023

Hickey, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of reviewed the record and the parties’ arguments on appeal, we conclude that qualified immunity … Roy, 847 F.3d 637, 641– 42 (8th Cir. 2017) (reviewing the failure to state a claim de novo and explaining that a right must be clearly established for an alleged violation to defeat qualified immunity).

Kaminsky v. Rosenblum

929 F.2d 922 · Court of Appeals for the Second Circuit · Apr 9, 1991

DISCUSSION I Doctrine of Qualified Immunity The doctrine of qualified immunity evolved as a balance between the need, on one hand, to hold responsible public officials exercising their power in a wholly unjustified manner … Even when a plaintiffs federal rights are so clearly defined that a reasonable public official would know that his actions might violate those rights, qualified or good faith immunity might still be available as a bar to

Cleveland-Perdue v. Brutsche

881 F.2d 427 · Court of Appeals for the Seventh Circuit · Aug 4, 1989

Under the Harlow standard, qualified immunity should be granted when the official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … right allegedly violated must have been clearly established in a particularized sense.

Rudolph STECKL, Plaintiff-Appellant, v. MOTOROLA, INC., Defendant-Appellee

703 F.2d 392 · Court of Appeals for the Ninth Circuit · Apr 4, 1983

We agree with the district court that Steckl had established a prima facie case of discrimination as required by Texas Department of Community Affairs v. … He was clearly within the protected class, had applied for an available position for which he was qualified, and was denied a promotion which was given to a younger person.

Citizens in Charge, Inc. v. Jon Husted

810 F.3d 437 · Court of Appeals for the Sixth Circuit · Jan 19, 2016

Public officials thus are eligible for qualified immunity if (1) they did not violate any constitutional guarantees or (2) the guarantee, even if violated, was not “clearly established” at the time of the alleged misconduct … Far from being clearly established, the plaintiffs’ rights under the Dormant Commerce Clause have not yet been established at all.

Cramer v. Bohinski

District Court, M.D. Pennsylvania · Mar 6, 2023

Alternatively, The defendants assert that they are entitled to qualified immunity because the rights allegedly violated were not clearly established at the time of the violation. (Id.) … the right was clearly established.

Condon v. State

332 Md. 481 · Court of Appeals of Maryland · Nov 1, 1993

established *493 by the State Treasurer. … We held that § 17-107(b) established a more limited waiver of the State’s immunity, without the precondi *496 tion of timely notice before suit was filed. Id. 327 Md. at 41 , 607 A.2d 552 .

Whitington v. Zavaras

424 F. App'x 777 · Court of Appeals for the Tenth Circuit · Jun 1, 2011

“Qualified immunity protects governmental officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “The qualified immunity inquiry has two prongs: whether a constitutional violation occurred, and whether the violated right was ‘clearly established’ at the time of the violation.” Id. at 1166-67.

Langford v. Johnson

District Court, District of Columbia · Jan 9, 2020

Defendants contend that plaintiff has pled no facts to support a § 1983 claim and that they “are therefore entitled to qualified immunity.” Defs.’ Mot. at 1. … It concludes nonetheless that the defendants are entitled to qualified immunity since the allegations fail to show their violation of a “clearly established statutory or constitutional right.” Harlow v.

ROBERTSON v. REAGLE

District Court, S.D. Indiana · Aug 29, 2024

It is unclear whether providers hired by a prison to provide care to inmates can raise the qualified immunity defense. See Currie v. … constitutional right was ‘clearly established" at the time of the official's alleged misconduct.").

Aguilar v. Moyer

District Court, M.D. Pennsylvania · Jan 26, 2023

the right was clearly established. … Moyer is entitled to qualified immunity.

SCANLON v. LAWSON

District Court, D. New Jersey · Sep 29, 2020

Thus, Plaintiff has not established a constitutional violation for failure to protect and the Court need not proceed to the qualified immunity analysis. … Therefore, even if deliberate indifference could be established on this record, Defendants Balicki and Surrency, in their individual capacities, would be entitled to qualified immunity.

Donald D. Kessler, on Their Own Behalf and on Behalf of All Others Similarly Situated v. National Enterprises, Inc. Arkansas No. 1 Lcc

238 F.3d 1006 · Court of Appeals for the Eighth Circuit · Jan 30, 2001

The Co-Owners of this Regime shall have the right to use said recreational facilities jointly with other property regimes established or to be established by the Developer or such other persons who are licenses or guests … To establish constructive fraud under Arkansas law, the misrepresentation must be material. See Scollard v. Scollard, 329 Ark. 83 , 947 S.W.2d 345, 348 (1997).

Keesee v. Johnson

District Court, E.D. Arkansas · Jan 19, 2024

Burrows is also entitled to qualified immunity because his acts were authorized by a court order and thus did not violate Keesee’s clearly established statutory rights. See Frierson v. Goetz, 227 F. … Louis, 39 F.4th 494, 507 (8th Cir. 2022) (reversing denial of qualified immunity “because it is not clearly established that the intracorporate conspiracy doctrine does not apply to § 1983 conspiracy claims”).

Dennis Grimes v. James Tilton

384 F. App'x 603 · Court of Appeals for the Ninth Circuit · Jun 17, 2010

Defendant prison officials appeal from the district court’s order denying them qualified immunity in California state prisoner Dennis Grimes’s 42 U.S.C. § 1983 action. … were clearly established in late 2005 and 2006 when defendants denied his requests for a vegetarian diet based on his religious beliefs.

Donna Singer v. State of Maine, John Lafaver

49 F.3d 837 · Court of Appeals for the First Circuit · Apr 13, 1995

Qualified immunity shields public officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … In applying these principles to a recent qualified immunity determination, the Supreme Court stated: “A necessary concomitant to the determination of whether the constitutional right asserted by a plaintiff is ‘clearly established

James O'Doan v. Joshua Sanford

991 F.3d 1027 · Court of Appeals for the Ninth Circuit · Mar 19, 2021

In the exercise of our discretion, and with the Supreme Court’s admonitions in mind, we resolve this case only on the “clearly established law” prong of the qualified immunity framework. … If qualified immunity means anything, it is that clearly established law did not require officers to make a medical judgment that not even O’Doan’s treating physician was willing to hazard.