Case law

Grider v. City of Auburn, Ala.

618 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Sep 7, 2010

Qualified and State-Law Immunity Doctrines As to Plaintiffs’ § 1983 claims, “[qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly … Courts utilize a two-part framework to evaluate qualified immunity defenses. 19 One inquiry in a qualified immunity analysis is whether the plaintiffs allegations, if true, establish a constitutional violation. Hope v.

Desiree Martinez v. City of Clovis

943 F.3d 1260 · Court of Appeals for the Ninth Circuit · Dec 4, 2019

QUALIFIED IMMUNITY DOCTRINE “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 … Qualified immunity applies either where there was no constitutional violation or where the constitutional violation was not clearly established. See id.

Bibeau v. Pacific Northwest Research Foundation Inc.

188 F.3d 1105 · Court of Appeals for the Ninth Circuit · Aug 19, 1999

answered for purposes of qualified immunity is whether the law was clearly established at the time of the alleged acts. … Without more involvement in the experiments, they did not violate any of Bibeau’s clearly established rights, and therefore are entitled to qualified immunity.

Michael Charles Ward v. Dennis Dyke Fred Christians Robert J. Mayer Sherry Burt, Dan Bolden Donald Houseworth Robert Brown, Jr. David Haskell, Warden

58 F.3d 271 · Court of Appeals for the Sixth Circuit · Jun 29, 1995

Defendants contend that Ward has failed to allege the violation of a clearly established right. … Therefore, defendants are entitled to qualified immunity. 4 IV. For the reasons set forth above, we REVERSE the district court’s denial of qualified immunity. 1 .

McGrath v. Gillis

44 F.3d 567 · Court of Appeals for the Seventh Circuit · Jan 6, 1995

“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … . *570 In order to defeat a claim of qualified immunity, a plaintiff must allege a cognizable violation of a constitutional right clearly established at the time of the alleged misconduct.

Spooner v. Phoenix

246 Ariz. 119 · Court of Appeals of Arizona · Nov 27, 2018

To the extent these actions violate clearly established law or reflect a reckless disregard of Spooner’s rights, they are afforded no protection. … But to the extent Brown’s actions reflect the legitimate exercise of professional judgment, they are discretionary and protected by qualified immunity.

Jacqueline Abel, Cross-Appellants v. Harold Miller, Cross-Appellees

824 F.2d 1522 · Court of Appeals for the Seventh Circuit · Jul 21, 1987

On the issue of qualified immunity, the district judge stated: “I have thrown it out.” Id. at 1645. “I think there is a clearly established right ... [w]ith respect to all of the claims.” Id. at 1646. … We recently explained: [The Harlow qualified immunity] test would have little bite if a right “clearly established” at any level of generality could survive it.

Gary Austin v. Fletcher Long

779 F.3d 522 · Court of Appeals for the Eighth Circuit · Feb 23, 2015

Long moved for summary judgment based on qualified immunity. … Long is not entitled to qualified immunity if Austin establishes that Long violated his clearly established constitutional rights. See Nelson v. Shuffman, 603 F.3d 439, 446 (8th Cir. 2010).

Jacqueline Washington v. L. Newsom R. Phillips J. Thomas the City of Southfield and the Southfield Police Department

977 F.2d 991 · Court of Appeals for the Sixth Circuit · Dec 21, 1992

When a claim to qualified immunity is raised within the context of a motion for summary judgment, the non-movant must allege facts sufficient to indicate that the act in question violated clearly established law at the time … Thus, the plaintiff must effectively pass two hurdles when facing a defendant on summary judgment who claims qualified immunity. First, the allegations must “state a claim of violation of clearly established law.”

James F. Robinson v. Solano County Brian Cauwells, Solano County Sheriff's Deputy Officer Gary Faulkner, Solano County Sheriff's Deputy Officer

278 F.3d 1007 · Court of Appeals for the Ninth Circuit · Feb 4, 2002

established in this circuit in 1995 to override the officers’ claim of qualified immunity. … Conclusion We hold that Officers Cauwells and Faulkner were entitled to qualified immunity on the federal excessive force claim because the Fourth Amendment law gov *1017 erning their conduct was not clearly established at

Wilson v. Kittoe

229 F. Supp. 2d 520 · District Court, W.D. Virginia · Nov 7, 2002

Clearly Established The Fourth Amendment right to be free from arrest in the absence of probable cause is clearly established. See Henderson, 223 F.3d at 273 . … But, “if the test of ‘clearly established law' were to be applied at this level of generality, ... plaintiffs would be able to convert the rule of qualified immunity ... into a rule of virtually unqualified liability.”

D'AOUST v. Diamond

424 Md. 549 · Court of Appeals of Maryland · Jan 31, 2012

qualified immunity. … The test clearly conflates the doctrines of absolute judicial immunity and qualified public official immunity.

Allah v. Goord

405 F. Supp. 2d 265 · District Court, S.D. New York · May 13, 2005

Qualified Immunity Standard The doctrine of qualified immunity shields government officials from civil damages liability as long as “ ‘their conduct does not violate clearly established statutory or constitutional rights … However, if a violation is proven, “the next sequential step is to ask whether the right was clearly established.” 27 Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional

Simon v. City of N.Y.

893 F.3d 83 · Court of Appeals for the Second Circuit · Jun 21, 2018

Qualified Immunity State executive officials "are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established … Qualified Immunity for the Seizure and Detention on August 12, 2008 Finally, we consider whether defendants' conduct on August 12 violated the Fourth Amendment and whether any violation was clearly established as of August

Bridget Murphy v. A. Engelhart

933 F.3d 1027 · Court of Appeals for the Eighth Circuit · Aug 14, 2019

Qualified immunity shields an officer if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Accordingly, Engelhart’s takedown did not violate a clearly established constitutional right.

Romero v. Kitsap County

931 F.2d 624 · Court of Appeals for the Ninth Circuit · May 1, 1991

However, when qualified immunity is at stake, a court must first determine whether the law has been clearly established. Tribble, 860 F.2d at 324 . … By extension, the qualified immunity defense extends to conduct that does not violate clearly established statutory, constitutional, or treaty-based rights 6 The Fourth Circuit observes: Often trial can yet be avoided if

Landis v. Cardoza

515 F. Supp. 2d 809 · District Court, E.D. Michigan · Sep 28, 2007

Qualified Immunity The Officers claim they are entitled to summary judgment on Landis’s § 1983 claim based on the doctrine of qualified immunity. … “Qualified immunity provides ‘that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Estate of Lee Ex Rel. Lee v. Spokane

2 P.3d 979 · Court of Appeals of Washington · Jun 15, 2000

Police officers have qualified immunity from liability for civil damages for conduct that "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Id. … Entitlement to qualified immunity may be established, and was established here, as a matter of law. Robinson v. City of Seattle, 119 Wash.2d 34, 65 , 830 P.2d 318 (1992). By the plaintiffs' own account, Mr.

Billy Tyler v. Tom Barton and Frank O. Gunter

901 F.2d 689 · Court of Appeals for the Eighth Circuit · Apr 26, 1990

An exception exists, however, where a court denies summary judgment on the issue of qualified immunity because qualified immunity provides “immunity from suit rather than a mere defense to liability.” … Thus, we conclude that Barton and Gunter did not violate any clearly established constitutional right. Accordingly, the doctrine of qualified immunity applies to Barton and Gunter. III.

J W v. Birmingham Bd. of Educ.

904 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Sep 24, 2018

Qualified Immunity Analysis In actions brought under 42 U.S.C. § 1983 , the doctrine of qualified immunity offers complete protection for government officials whose conduct "does not violate clearly established statutory … Wilson , 311 F.3d 1340 , 1350 (11th Cir. 2002) (recognizing that "fair and clear notice" is the cornerstone of the qualified immunity analysis). There are various ways to evaluate whether a right is clearly established.