Case law

Susan Doxtator v. Erik O'Brien

39 F.4th 852 · Court of Appeals for the Seventh Circuit · Jul 12, 2022

But the Su- preme Court itself has held that Garner is “cast at a high level of generality” and therefore cannot clearly establish rights for the purposes of qualified immunity, except in the most obvi- ous cases. … Furthermore, we hold that O’Brien is entitled to qualified immunity because the right he is alleged to have violated was not “clearly established” at the time.

Sims v. Griffin

35 F.4th 945 · Court of Appeals for the Fifth Circuit · Jun 1, 2022

We have explained the qualified-immunity inquiry many times. … Powell clearly established Qualls’s rights.

Stump v. Gates

986 F.2d 1429 · Court of Appeals for the Tenth Circuit · Feb 11, 1993

Appellant's App., doc. 11 at 2-3. 7 In reviewing the grant or denial of qualified immunity, this court must "determine whether defendants violated 'clearly established statutory or constitutional rights of which a reasonable … The parties naturally characterize the qualified immunity issue differently.

Dennis O'Connor v. Rachael Eubanks

83 F.4th 1018 · Court of Appeals for the Sixth Circuit · Oct 6, 2023

Qualified immunity protects Eubanks and Stanton unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” Dist. of Columbia v. … First, Vicory’s focus on individual liability supplies the wrong inquiry for qualified immunity. Under the “clearly established” prong, we should ask “what happened,” not “whom can you sue.”

Bond v. AGUINALDO

265 F. Supp. 2d 926 · District Court, N.D. Illinois · May 29, 2003

Qualified Immunity Qualified immunity protects government officials 3 from civil liability when performing discretionary functions so long as their conduct does not violate clearly established constitutional rights. … (rejecting qualified immunity defense at pleading stage because plaintiff sufficiently alleged denial or delay of medical treatment, which is a clearly established constitutional violation). IV. Conclusion Dr.

Wooley v. City Of Baton Rouge

206 F.3d 574 · Court of Appeals for the Fifth Circuit · Apr 25, 2000

Morris involved a claim of qualified immunity for events that occurred in 1992. Our consideration therein focused on the law clearly established in 1992. 53 Kiser v. Garret, 67 F.3d 1166 (5th Cir. 1995); Doe v. … The district court concluded that the officer was not entitled to qualified immunity because the plaintiffs had alleged a clearly established denial of due process. 55 Smith v.

Anderson v. Blake

469 F.3d 910 · Court of Appeals for the Tenth Circuit · Nov 14, 2006

Anderson’s constitutional privacy interest w as clearly established, and (3) consequently rejecting Officer Blake’s contention that he is entitled to qualified immunity from suit. … Privacy Interest as Clearly Established To defeat defendant’s qualified immunity claim, M s.

Matthew Palmieri v. United States

896 F.3d 579 · Court of Appeals for the D.C. Circuit · Jul 24, 2018

“The doctrine of qualified immunity shields officials 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.” … When an official asserts qualified immunity, the plaintiff must “overcome” that assertion by demonstrating (inter alia) that the right “was clearly established at the time of” the alleged violation. Fox v.

Estate of Jimma Pal Reat v. Rodriguez

824 F.3d 960 · Court of Appeals for the Tenth Circuit · May 31, 2016

Qualified Immunity 1. … Clearly Established Law Qualified immunity exists to protect government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory

Oldfield v. Benavidez

116 N.M. 785 · New Mexico Supreme Court · Jan 12, 1994

Defendants moved for summary judgment on grounds of qualified immunity arguing there was no clearly established right to familial integrity. … The test for qualified immunity is two pronged and requires us to determine: (1) whether at the time of the alleged conduct there was a clearly established constitutional right that was violated, and (2) whether a reasonable

David Velez v. Michael Johnson and Wisconsin County Mutual Insurance Corporation

395 F.3d 732 · Court of Appeals for the Seventh Circuit · Feb 11, 2005

Johnson appeals the district court’s denial of his motion for summary judgment based on qualified immunity. … Velez has also met the second Saucier requirement that the constitutional right be clearly established.

Swagler v. Sheridan

837 F. Supp. 2d 509 · District Court, D. Maryland · Jul 12, 2011

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … established’ for qualified immunity purposes.”)

Megan Garcia v. Pamela Casey

75 F.4th 1176 · Court of Appeals for the Eleventh Circuit · Jul 28, 2023

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … But the arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity case.

Brown v. Ives

129 F.3d 209 · Court of Appeals for the First Circuit · Nov 10, 1997

The district court held that neither the reputational nor associational rights asserted by Warren Brown were "clearly established" to the extent needed to overcome qualified immunity, and the court also held … "[G]overnment officials performing discretionary functions, generally are shielded [by qualified immunity] from liability for civil damages insofar as their conduct does not violate clearly established

Cerrone v. Brown

246 F.3d 194 · Court of Appeals for the Second Circuit · Apr 10, 2001

In support of their claim of qualified immunity, appellants argue that in 1995, the time of the seizure in this case, the law was not clearly established that probable cause was required to detain a police officer for questioning … Focusing on the first element in a qualified immunity analysis, the existence of a “clearly established right,” the Supreme Court has explained: “This is not to say that an official action is protected by qualified immunity

Arthur Jackson v. State of Mississippi

644 F.2d 1142 · Court of Appeals for the Fifth Circuit · May 14, 1981

We also expounded the two alternative means by which a plaintiff can overcome the qualified immunity defense. … If the plaintiff can show that he had a clearly established constitutional right that the defendants knew or should have known of, and that they knew or should have known that their conduct violated that right, the immunity

Pollnow v. Glennon

757 F.2d 496 · Court of Appeals for the Second Circuit · Mar 12, 1985

"clearly established statutory or constitutional rights of which a reasonable person would have known." … The district court in that case concluded that, although the right to such a hearing under the due process clause had not been clearly established at the time of the termination, the failure to follow established state regulations

Eddie Simms, Edward L. Smith v. Village of Albion, New York Joseph Sacco, Police Officer Donald Hinman, Acting Police Chief

115 F.3d 1098 · Court of Appeals for the Second Circuit · Jun 16, 1997

As government officials performing discretionary functions, police officers are entitled to qualified immunity, which shields them from civil damages liability insofar as their conduct “does not violate clearly established … Thus, the district court correctly concluded that Sacco was entitled to qualified immunity. 2.

McFall v. Bednar

407 F.3d 1081 · Court of Appeals for the Tenth Circuit · Apr 19, 2005

Bednar is entitled to qualified immunity, therefore, unless he violated a clearly established constitutional right. … McFall’s termination violated clearly established law Mr. Bednar violated clearly established law, and thus is not entitled to qualified immunity, if he terminated Ms.

Howe v. Baker

796 F.2d 1355 · Court of Appeals for the Eleventh Circuit · Aug 28, 1986

These concerns, weighty though they may be, do not justify granting officials an absolute immunity. Instead, they can be satisfied through application of a qualified immunity. Harlow v. … established.