Case law

Dominique Ramsey v. David Rivard

110 F.4th 860 · Court of Appeals for the Sixth Circuit · Aug 1, 2024

Rivard argues that qualified immunity bars the plaintiffs’ unduly suggestive identification claim because they cannot show that Rivard’s actions violated their clearly established rights. (Appellant Br. 49.) … First, Rivard gains no immunity for violations of clearly established law by following the prosecutor’s advice. See Burns v. Reed, 500 U.S. 478, 495 (1991).

Betances v. Fischer

519 F. App'x 39 · Court of Appeals for the Second Circuit · Jun 4, 2013

Arguing that they were entitled to qualified immunity on the ground that the law was not clearly established at the time of their challenged conduct, defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). … The district court denied the motions, ruling that plaintiffs’ rights became clearly established when this Court decided Earley v.

Janice Brown v. Andrew Knapp

75 F.4th 638 · Court of Appeals for the Sixth Circuit · Jul 28, 2023

The district court denied both motions, finding that the MSP Defendants were not entitled to qualified immunity because they had collectively violated Brown’s clearly established right to a prompt probable cause determination … We found that the officer was entitled to qualified immunity because, even if he had violated Roberson’s constitutional rights, “Riverside and its progeny [did] not clearly establish that an officer in [the trooper’s] position

Antonio Smith v. John Kind

140 F.4th 359 · Court of Appeals for the Seventh Circuit · May 30, 2025

But the Supreme Court has cautioned courts against reason- ing from broad principles when considering whether a right is clearly established for qualified immunity purposes. See Kisela, 584 U.S. at 104. … Sheriff of Cook County, 993 F.3d 981, 988 (7th Cir. 2021) (“The prong-two clearly-established-law assess- ment does not require a case with identical factual circum- stances, lest qualified immunity become absolute immun-

Dixon v. Von Blanckensee

994 F.3d 95 · Court of Appeals for the Second Circuit · Apr 12, 2021

She argues that, as a matter of law, King has failed to allege a violation of a clearly established constitutional right and she is thus entitled to qualified immunity. We agree. … and (2) that the right was clearly established at the time of the challenged conduct.”

Hall v. United States

704 F.2d 246 · Court of Appeals for the Sixth Circuit · Mar 25, 1983

Most recently the Supreme Court refined the limits of qualified, good faith immunity, placing “[r]eliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” … Under this approach summary judgment should issue on the grounds of qualified, good faith immunity if the official’s conduct did not violate clearly established statutory or constitutional rights at the time the challenged

Dettelis v. Sharbaugh

919 F.3d 161 · Court of Appeals for the Second Circuit · Mar 20, 2019

Instead, we conclude that qualified immunity bars Dettelis’s claim. 4  As a general matter, probation officers are entitled to immunity in the performance of … App’x 83, 84 (2d Cir. 2008) (holding state parole officer entitled to qualified immunity in filing parole violation charges).

Brown v. United States

851 F.2d 615 · Court of Appeals for the Third Circuit · Jun 21, 1988

Since Granata’s remedy of dismissal for properly established qualified immunity remains open, mandamus is not available. I. … action is a violation) violates a clearly established right.

Scott v. City of Columbus, Unpublished Decision (3-30-2001)

Ohio Court of Appeals · Mar 30, 2001

of clearly established law and the information that he possessed. … defendant's conduct did indeed violate clearly established rights).

Willie Flowers v. Nicholas Renfro

46 F.4th 631 · Court of Appeals for the Seventh Circuit · Aug 19, 2022

“Because qualified immunity pro- tects the public officer from the expense and distraction of having to stand trial when the conduct in question did not vi- olate clearly established law, the unavailability of an immedi- … If a determination of qualified immunity in a summary judgment motion depends on the resolution of fact questions, the order denying qualified immunity generally is not appeal- able. Johnson v.

Cummerlander v. Patriot Preparatory Academy Inc.

86 F. Supp. 3d 808 · District Court, S.D. Ohio · Feb 9, 2015

’ argument that Defendants are entitled to qualified immunity. … In the context of school search and seizure, the Supreme Court in Safford set forth the standard for a clearly established law: A school official searching a student is entitled to qualified immunity where clearly established

Linda Surratt v. Brian McClarin

851 F.3d 389 · Court of Appeals for the Fifth Circuit · Mar 14, 2017

EDITH BROWN CLEMENT, Circuit Judge: In this qualified immunity case, the question on appeal is whether—in light of clearly established law at the time of the incident—officers acted objectively unreasonably when they … But qualified immunity insulates those government 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

Patricia Juanita Wate v. Kenneth Kubler

839 F.3d 1012 · Court of Appeals for the Eleventh Circuit · Oct 12, 2016

force in violation of the Fourth Amendment, that was clearly established at the time. … Qualified Immunity AQualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory

Mark v. Williams

45 Wash. App. 182 · Court of Appeals of Washington · Aug 27, 1986

The test enunciated in Harlow has effectively eliminated the subjective component of qualified immunity, establishing a purely objective standard. 4 The defendants had a right to believe they could operate as they did since … We note that this qualified immunity created in Bivens, unlike the qualified immunity enunciated later in Harlow for § 1983 actions, is based on both a good faith (subjective) and reasonableness (objective) test.

Parkway Bank & Trust v. City of Darien

43 Ill. App. 3d 400 · Appellate Court of Illinois · Nov 17, 1976

On this basis an award of damages against public officials with qualified immunity “would be inimical to the efficient functioning of government.” (Rasmussen v. City of Lake Forest, 404 F. Supp. 148, 159 .) … Supp. 148, 159 , states that even where government officials are granted qualified immunity they are still absolutely immune “to damages in the absence of malice ° * * whenever at the time of the action a substantial question

Caudill v. Hollan

431 F.3d 900 · Court of Appeals for the Sixth Circuit · Dec 14, 2005

Qualified Immunity Defendant Hollan argues that she deserves qualified immunity because the law concerning patronage dismissals of deputy county clerks was not clearly established, particularly in light of Cope … immunity due to the absence of clearly established law.

Simmie Whitt v. Roger Smith

832 F.2d 451 · Court of Appeals for the Seventh Circuit · Nov 2, 1987

On summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action occurred .... … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. ... ...

Burbank v. Davis

227 F. Supp. 2d 176 · District Court, D. Maine · Oct 23, 2002

The second question is whether the right was clearly established at the time of the alleged violation. … Under the First Circuit’s three-part qualified immunity standard the “clearly established” element has two prongs: one, whether the right was clearly established at the time of the alleged violation and, two, whether a reasonable

Manion v. Michigan Board of Medicine

765 F.2d 590 · Court of Appeals for the Sixth Circuit · Jun 24, 1985

If the law which the defendant it alleged to have violated is clearly established, then the qualified immunity defense should fail and discovery should proceed. … If the law is not clearly established, the defendant is immune.

Jessica McKee v. Jessica Brady

Court of Appeals for the Eighth Circuit · Aug 17, 2026

“Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We therefore conclude that Brady is entitled to qualified immunity.