Case law

Paradis v. Montrose Memorial Hospital

157 F.3d 815 · Court of Appeals for the Tenth Circuit · Oct 14, 1998

While the Schalk court found that the defendant was entitled to qualified immunity because the law on this issue was not clearly established, id. … established law and qualified immunity may not be available to them.”), modified on other grounds , 928 F.2d 920 (1991) (en banc).

Reuther v. Anderson

677 So. 2d 38 · District Court of Appeal of Florida · Jul 3, 1996

We do not want this affirmance to be construed, however, as a holding that appellants are not entitled to qualified immunity as a matter of law. … Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) (qualified immunity defense calls for a determination of whether a constitutional right asserted and allegedly violated was clearly established at time and

Dejuan Haynes v. Brian Minnehan

14 F.4th 830 · Court of Appeals for the Eighth Circuit · Sep 21, 2021

cuffing of Haynes was a clearly established violation of the Fourth Amendment. … I would grant the officers qualified immunity as, under prong two of the qualified immunity inquiry, it was not clearly established that Haynes should have been released from handcuffs at the conclusion of the patdown and

Washington v. Napolitano

29 F.4th 93 · Court of Appeals for the Second Circuit · Mar 23, 2022

It is clearly established in this Circuit that such a concealment, which deprives the judge of material information that could impact the probable cause determination, would not be protected by qualified immunity. … their entitlement to qualified immunity.”).

Jeremy Nelson v. County of Wright

Court of Appeals for the Eighth Circuit · Dec 10, 1998

Government officials performing discretionary tasks are entitled to qualified immunity unless their actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … The standard was clearly established.5 Whether Hudek is entitled to qualified immunity must be examined from the perspective of the situation as he understood it at the time. Anderson v.

Keating v. City of Miami

598 F.3d 753 · Court of Appeals for the Eleventh Circuit · Mar 2, 2010

established, even though the district court granted them qualified immunity in their motion to dismiss. … If the violations were clearly established, then Timoney, Fernandez, Cannon, and Burden are not entitled to qualified immunity. IV.

Akil Al-Jundi v. Vincent Mancusi, Karl Pfeil, Russell G. Oswald, the Estate of Nelson A. Rockefeller

926 F.2d 235 · Court of Appeals for the Second Circuit · Feb 27, 1991

Thus, what remains for trial are the first portion (the planning) as against Oswald and the second portion (the reprisals) as against all three appellants. 1 Whether qualified immunity was established as a matter of law as … Discussion Qualified immunity is available on motion for summary judgment if it appears, from undisputed facts, that an officer’s conduct did not violate constitutional rights that were clearly established at the time of

Yanero v. Davis

65 S.W.3d 510 · Kentucky Supreme Court · Nov 21, 2001

Thus, in the context of qualified official immunity, “bad faith” can be predicated on a violation of a constitutional, statutory, or other clearly established right which a person in the public employee’s position presumptively … a rule, the KHSAA acted in bad faith, i.e., violated a constitutional, statutory, or other clearly established right, or acted with a willful or malicious intent to cause harm, or with a corrupt motive.

Brown v. City of Hous.

297 F. Supp. 3d 748 · District Court, S.D. Texas · Dec 26, 2017

"To be 'clearly established' for purposes of qualified immunity, 'the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.' " Id. … "Thus, Mitchell clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary judgment stage is a 'final' judgment subject to immediate appeal."

Curley v. Klem

298 F.3d 271 · Court of Appeals for the Third Circuit · Aug 2, 2002

If a court concludes that an officer's conduct did violate a clearly established constitutional right, then it must deny him the protection afforded by qualified immunity. … immunity issues early in the litigation is in tension with the reality that factual disputes often need to be resolved before determining whether the defendant's conduct violated a clearly established constitutional right

John Raines, III v. Andrew Burningham

883 F.3d 1071 · Court of Appeals for the Eighth Circuit · Mar 5, 2018

Accordingly, the district court denied summary judgment on the issue of qualified immunity. This interlocutory appeal followed. II. DISCUSSION This Court reviews de novo the denial of qualified immunity. … a constitutional right’; and (2) whether the asserted constitutional right is clearly established.”

City of Tahlequah v. Bond

595 U.S. 9 · Supreme Court of the United States · Oct 18, 2021

As to qualified immunity, the Court concluded that several cases, most notably Allen v. Muskogee, 119 F. 3d 837 (CA10 1997), clearly established that the officers’ conduct was unlawful. 981 F. 3d, at 826. … The doctrine of qualified immunity shields officers from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Gene Bell, Jr. v. City of Southfield, Mich.

37 F.4th 362 · Court of Appeals for the Sixth Circuit · Jun 14, 2022

Officers are entitled to qualified immunity unless they (1) violated a constitutional right (2) that was “clearly established” at the time of the wrongdoing. Pearson, 555 U.S. at 232 (citation omitted). … After all, the qualified-immunity inquiry looks at whether a right has been clearly established.

Schneider v. Simonini

163 N.J. 336 · Supreme Court of New Jersey · Mar 6, 2000

L.Rev. 1045, 1045 n. 1 (1990) (Brands, Qualified Immunity). One of the elements of qualified immunity, originally established in Wood v. … The standard for qualified immunity established in Harlow is whether an executive official, such as a police officer, violated “clearly established statutory or constitutional rights of which a reasonable person would have

Derrick Bailey v. Major Tommy Wheeler

843 F.3d 473 · Court of Appeals for the Eleventh Circuit · Nov 28, 2016

Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time of the challenged action. City & Cty. … So the burden shifts to Bailey, as the plaintiff, to establish that qualified immunity does not apply. Id.

Ed Knox, an Individual v. Southwest Airlines, a Texas Corporation, and David Swafford Robert Hopper City of Phoenix, a Municipality

124 F.3d 1103 · Court of Appeals for the Ninth Circuit · Sep 5, 1997

immunity-typically, the issue whether a federal right allegedly infringed was clearly established. … Merits of Qualified Immunity Decision To determine whether qualified immunity is appropriate, a court must identify the specific right allegedly violated and determine “whether that right was so clearly established as to

Kathy St. Hilaire, Etc. v. City of Laconia

71 F.3d 20 · Court of Appeals for the First Circuit · Dec 1, 1995

We affirm because the defendants are entitled to qualified immunity in that they did not violate any constitutional law that was clearly established at the time of the shooting and they could reasonably have- believed their … “Whether an asserted federal right was clearly established at a particular time, so that a public official who allegedly violated the right has no qualified immunity from suit, presents a question of law.”

Joan Kedra v. Richard Schroeter

876 F.3d 424 · Court of Appeals for the Third Circuit · Nov 28, 2017

established as required to defeat qualified immunity. … to qualified immunity.

Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United States

720 F.2d 162 · Court of Appeals for the D.C. Circuit · Oct 21, 1983

The test for qualified immunity is “clearly established,” not “clearly foreshadowed.” The distinction is self-evident. … that for establishing the “objective” element of the old two-pronged test for qualified immunity.

Mingus v. Butler

591 F.3d 474 · Court of Appeals for the Sixth Circuit · Jan 5, 2010

Qualified Immunity The district court’s denial of a claim of qualified immunity is immediately appealable under the collateral order doctrine. Mitchell v. … Whether a defendant is entitled to qualified immunity depends upon whether the plaintiffs constitutional rights were violated and whether those rights were clearly established. See, e.g., Dorsey v.