Case law

Donato Dalrymple v. Janet Reno

334 F.3d 991 · Court of Appeals for the Eleventh Circuit · Jun 19, 2003

Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates 7 “clearly established … A district court should therefore grant the defense of qualified immunity on a motion to dismiss if the complaint “fails to allege the violation of a clearly established constitutional right.”

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).

Maguire v. Municipality of Old Orchard Beach

783 F. Supp. 1475 · District Court, D. Maine · Feb 18, 1992

The Court concluded that: [T]o win summary judgment on the ground of qualified immunity, defendants must establish either that the law establishing the right allegedly violated was not clearly established, or that, in light … In this regard, the First Circuit has delineated certain “clearly established” constitutional rights in the context of qualified immunity. See, e.g., Amsden v.

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.”).

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

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."

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.

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.

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.

McKinney v. City of Middletown

49 F.4th 730 · Court of Appeals for the Second Circuit · Sep 26, 2022

of qualified immunity “is ‘whether the violative nature of particular conduct is clearly established,’” Mullenix v. … Qualified immunity would be “no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.” City & Cnty. of San Francisco v.

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.

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.”

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.”

Michael Rivera v. Redfern

98 F.4th 419 · Court of Appeals for the Third Circuit · Apr 11, 2024

This decision makes clear that courts must evaluate the constitutional merits of a claim separate and apart from the question of whether the state actors are entitled to qualified immunity because the law was not clearly … But because that decision was not made in derogation of clearly established law, the officials are entitled to qualified immunity.

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.

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.”

DuFour-Dowell v. Cogger

152 F.3d 678 · Court of Appeals for the Seventh Circuit · Aug 10, 1998

When a party appeals a denial of summary judgment on qualified immunity grounds, we evaluate the record de novo to determine whether we can decide the immunity questions without resolving disputed questions of fact. … Because the facts are in hot dispute, the officers cannot seek pretrial refuge behind a claim Of qualified immunity.

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.