Case law

Beier v. Lewiston, City Of

354 F.3d 1058 · Court of Appeals for the Ninth Circuit · Jan 14, 2004

The Supreme Court reasoned that the consequences of such an argument would be "intolerable," because the qualified immunity right would be easily defeated as long as the complaint alleges violation of one clearly established … Clearly Established Right 43 " `[C]learly established' for purposes of qualified immunity means that `[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing

Roden v. Wright

646 So. 2d 605 · Supreme Court of Alabama · Aug 19, 1994

This burden is met by proof demonstrating that the defendant public official's actions 'violated clearly established constitutional law.' Zeigler [v. Jackson ], 716 F.2d [847] at 849 [11th Cir. 1983]. Accord, I.A. … Thus, in stating that "[i]t does not violate any clearly established constitutional principle for a politician . . . to write a letter to Gold Kist, Inc. encouraging the latter not to enter into an arrangement to place chicken

McGinnis v. District of Columbia

65 F. Supp. 3d 203 · District Court, District of Columbia · Aug 28, 2014

Government officials are entitled to qualified immunity “‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Butera v. … “Clearly established for purposes of qualified immunity means that the contours of the right must be sufficiently clear that a reasonable official would understand what he is doing violates that right.” Shaw, 944 F.

Zia Trust Co. Ex Rel. Causey v. Montoya

597 F.3d 1150 · Court of Appeals for the Tenth Circuit · Mar 9, 2010

However, we review -5- summary judgment motions raising qualified immunity differently because “qualified immunity shields government officials . . . from liability for damages … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to

Jacob Todd, etc. v. John R. Smith

Court of Appeals for the Eighth Circuit · Jan 10, 1997

At this early stage, qualified immunity would be granted only if immunity is established on the face of the complaint. Id. … Gilley, 500 U.S. 226, 232 (1991) (whether federal right has been violated is "necessary concomitant" of whether right was clearly established and objectively discernible).

City of Prosser v. Teamsters Union Local 839

Court of Appeals of Washington · Apr 19, 2022

Martin, 195 F.3d 1208, 1218 (10th Cir. 1999) (holding that the relevant law was “clearly established” in the post-October 1994 time frame for purposes of defendant’s claim of qualified immunity); cf. Sampson v. … and by officials acting under color of state law. 7 Article I, section 12 states: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities

Devereaux v. Perez

218 F.3d 1045 · Court of Appeals for the Ninth Circuit · Jul 12, 2000

ANALYSIS Standard of Review A district court’s decision that an asserted federal right was “clearly established” such that qualified immunity in a 42 U.S.C. § 1983 action attached at a particular point in time is a question … Bailey, 957 F.2d 920, 931 (1st Cir.1992) (noting that “the dimensions of [the] right [to family integrity] have yet to be clearly established” and applying qualified immunity to suit in which social worker allegedly interfered

In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasisovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, and Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. (Two Cases)

119 F.3d 1129 · Court of Appeals for the Fourth Circuit · Aug 8, 1997

immunity even by violating clearly established state law, id. at 194 , 104 S.Ct. at 3019 . … that federal qualified immunity is lost if an official violates clearly established state law.

Krinitt v. Idaho Department of Fish & Game

162 Idaho 425 · Idaho Supreme Court · Jul 11, 2017

Krinitt opposed the motion, arguing: (1) IDFG was not Perry’s statutory employer and therefore did not qualify for statutory immunity; and (2) even if IDFG was Perry’s statutory employer, IDFG had waived its statutory immunity … Here, IDFG qualifies as a category one statutory employer of Perry. The “Service Level Agreement” between IDFG and the DOI clearly shows IDFG contracted with the DOI to secure aviation services.

Andre Guite v. James Wright Steven James Lashomb

147 F.3d 747 · Court of Appeals for the Eighth Circuit · Jun 26, 1998

The defendants filed a motion for summary judgment asserting qualified immunity. … First, they appeal the district court’s denial of summary judgment based on qualified immunity.

Stephens v. Hamilton County Jobs & Family Services

46 F. Supp. 3d 754 · District Court, S.D. Ohio · Sep 2, 2014

Qualified immunity The doctrine of qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … The Sixth Circuit explained further: To overcome an officer’s entitlement to qualified immunity, however, a plaintiff must establish: (1) a substantial showing that the defendant stated a deliberate falsehood or showed reckless

Conner v. Tate

130 F. Supp. 2d 1370 · District Court, N.D. Georgia · Feb 9, 2001

In Lassiter , the Eleventh Circuit held that for a law to be clearly established in the qualified immunity context, “preexisting law must dictate, that is truly compel (not just suggest or allow or raise a question about) … as clearly established law.

May v. Fulton County, Ga.

925 F. Supp. 769 · District Court, N.D. Georgia · Jun 7, 1995

Qualified immunity may only preclude individual capacity claims. … For a court to find that a plaintiff was deprived of a clearly established right for the purpose of qualified immunity analysis, ‘“[t]he contours of the right must be sufficiently clear that a reasonable official would understand

Ecclesiastical Order of the ISM of AM, Inc. v. Chasin

653 F. Supp. 1200 · District Court, E.D. Michigan · Nov 24, 1986

Defend.ants claim that they have satisfied the requisite test for qualified immunity; to wit, the “objective reasonableness of an official’s conduct as measured by reference to clearly established law.” Harlow v. … Agents of the IRS do not have absolute immunity — only qualified immunity — from suit. Mitchell v. Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985).

Tubar v. Clift

286 F. App'x 348 · Court of Appeals for the Ninth Circuit · Apr 11, 2008

Qualified immunity protects government officials acting in their official capacities from civil liability unless their conduct violates “clearly established” statutory or constitutional rights of which a “reasonable” official … In Saucier, the Supreme Court imposed a specific, sequential analysis for determining whether qualified immunity is warranted.

SER City of Bridgeport v. Hon. John Lewis Marks, Jr., Judge

233 W. Va. 449 · West Virginia Supreme Court · May 27, 2014

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … City of Huntington, 198 W.Va. 139, 479 S.E.2d 649 (1996), absolute statutory immunity, like qualified immunity, “is an immunity from suit rather than a mere defense to liability” that “is effectively lost if the case is

Brown v. City of Oneonta

106 F.3d 1125 · Court of Appeals for the Second Circuit · Feb 14, 1997

We hold that because it was unclear whether FERPA’s “emergency exception” allowed release of the list, no clearly established right of plaintiffs was infringed and appellants are entitled to qualified immunity from claims … The function of qualified immunity is to shield from suit those public officials who must make such decisions where, as here, the law is not clear, and no “clearly established right” is infringed.

Larry and Karen Spielman v. Sara C. Hildebrand and Don Madsen

873 F.2d 1377 · Court of Appeals for the Tenth Circuit · May 3, 1989

. § 1983 and, if so, whether such rights were clearly established at the time of the deprivation, thereby divesting the defendants of qualified immunity from suit for their actions in this matter. We affirm. I. … As with the constitutional claim, the defendants are entitled to qualified immunity unless the Spielmans can show the deprivation of a clearly established right.

Alan Beaman v. Dave Warner

776 F.3d 500 · Court of Appeals for the Seventh Circuit · Jan 13, 2015

An official is entitled to qualified immunity for conduct that does not violate clearly established statutory or constitu- 14 No. 14-1195 tional rights of which a reasonable … The second question in the qualified immunity analysis is whether the right at issue was clearly established at the time and under the circumstances presented.

Smith v. Robinson

456 F. Supp. 449 · District Court, E.D. Pennsylvania · Sep 6, 1978

Under the circumstances, the “clearly established right” aspect of Wood v. Strickland is unavailing to plaintiff here, and defendants’ assertion of qualified immunity must therefore prevail. … With respect to the equal protection claim, however, plaintiff does not even suggest that prior decisions delineate a “clearly established” right that would defeat defendants’ assertion of qualified immunity.