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218 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jul 12, 2000
Qualified immunity “ ‘shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (“ ‘clearly established’ ” for purposes of qualified immunity does not mean that “ ‘an official action is pro *1036 tected by qualified immunity unless the
Cited 13 timesPublished77 F.3d 1078 · Court of Appeals for the Eighth Circuit · Feb 28, 1996
Carver and Rogers then returned Erickson to the jail. 5 On appeal, Johnle, Birdsall, and Carver assert they are entitled to qualified immunity because they did not violate Erickson's clearly established constitutional rights … immunity.
Cited 17 timesPublished365 F.3d 181 · Court of Appeals for the Third Circuit · Apr 26, 2004
a violation of a clearly established constitutional right.” … We note that Garcia and Rodriguez do not argue on appeal that they are entitled to qualified immunity because the law was not clearly established as of November 1998.
Cited 220 timesPublishedKatie Kindl v. City of Berkley
798 F.3d 391 · Court of Appeals for the Sixth Circuit · Aug 18, 2015
Qualified immunity protects government officials sued under § 1983 from damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … To qualify as clearly established, “‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’” Brown v.
Cited 33 timesPublishedNieto v. San Perlita Independent School District
894 F.2d 174 · Court of Appeals for the Fifth Circuit · Feb 16, 1990
the plaintiff’s clearly established right to protected speech. … Consequently, the defendants did not violate a clearly established constitutional right secured to Nieto. They are therefore entitled to qualified immunity and dismissal from this suit.
Cited 7 timesPublishedMencer v. Bd. of Ed./Birmingham, AL
134 F.3d 1066 · Court of Appeals for the Eleventh Circuit · Feb 5, 1998
Thus, the court did not deny Hammonds qualified immunity based only on "evidence sufficiency" but on its belief that a reasonable person in Hammonds' position would have known his conduct violated clearly established law … Thus, if we are confronted with an appeal from a denial of qualified immunity, we may exercise our discretion to review the district court's preliminary determination as a means of reaching the issue of clearly established
Cited 1 timesPublishedVassallo Ex Rel. K v. v. Lando
591 F. Supp. 2d 172 · District Court, E.D. New York · Oct 31, 2008
Legal Standard “Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The Second Circuit has held that under the doctrine of qualified immunity, “a right is clearly established if (1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the
Cited 88 timesPublished884 F.3d 351 · Court of Appeals for the Second Circuit · Mar 7, 2018
Holloway, 510 U.S. 510, 516 (1994). 7 Allen contends that in December 2004, the law governing his conduct 8 was not sufficiently clearly established because "it was not clearly established that an 9 … Creighton, 483 U.S. at 640-41. 15 Where the right at issue in the circumstances confronting police officers was clearly 16 established but was violated, the officer will still be entitled to qualified immunity if 17
Cited 194 timesPublished794 F. Supp. 451 · District Court, D. Puerto Rico · May 20, 1992
Kaiter specifically held that: the issue of immunity must be subject to one interlocutory appeal in order to establish the defendant’s right to avoid trial altogether. … the issue of qualified immunity.
Cited 2 timesPublished117 N.C. App. 494 · Court of Appeals of North Carolina · Jan 3, 1995
The individual defendants have asserted the defense of qualified immunity. A. Equal Protection 1. … The test for qualified immunity was set forth in Harlow v. Fitzgerald, 457 U.S. 800, 818 , 73 L.
Cited 22 timesPublishedJenny Wernsing, Charles Bingaman and Troy Cannon v. Odell Thompson, Jr.
423 F.3d 732 · Court of Appeals for the Seventh Circuit · Sep 9, 2005
The district court also rejected Thompson’s claim of qualified immunity, holding that it was clearly established that Thompson’s alleged actions restricting or retaliating against plaintiffs’ speech on matters of public concern … If the clearly established question could be resolved merely by observing that unjustified prior restraints on speech are prohibited, then no defendant could ever prevail on the clearly established prong of the qualified
Cited 91 timesPublishedLogiodice v. Trustees of Maine Central Institute
135 F. Supp. 2d 199 · District Court, D. Maine · Mar 5, 2001
to dismissal based on qualified immunity. … are entitled to qualified immunity.
Cited 5 timesPublishedMasciotta v. Clarkstown Central School District
136 F. Supp. 3d 527 · District Court, S.D. New York · Sep 30, 2015
Qualified Immunity Qualified immunity shields & “government official ] from liability for civil damages insofar as [his or her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because qualified immunity.
Cited 10 timesPublishedMason Ex Rel. Mason v. Schenectady City School District
879 F. Supp. 215 · District Court, N.D. New York · Sep 21, 1993
There is, in short, no controversy about whether punitive damages are available against individual defendants sued in their individual capacities. 5 (5) QUALIFIED IMMUNITY The individual defendants claim entitlement to qualified … The individual defendants seek qualified immunity, however.
Cited 20 timesPublished174 F. Supp. 2d 493 · District Court, N.D. Texas · Apr 30, 2001
Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … To preclude qualified immunity, it is not necessary for a plaintiff to establish that “the [specific] action in question has previously been held unlawful.” Anderson v.
Cited 4 timesPublished775 F. Supp. 247 · District Court, N.D. Illinois · Sep 30, 1991
Government officials enjoy immunity from civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “Closely analogous cases, those decided before the defendants acted, ... are required to find that a constitutional right is clearly established.” Powers v.
Cited 22 timesPublishedBrooke Somers v. Anthony Devine
Court of Appeals for the Fourth Circuit · Mar 24, 2025
Indeed, as a matter of constitutional avoidance, we often grant qualified immunity based on a determination “that the purported right was not clearly established without resolving the ‘often more difficult … Determining whether a right is “clearly established” cannot be done in isolation from the perceived facts of the case in which the immunity is claimed.
Cited 0 timesPublished149 Md. App. 38 · Court of Special Appeals of Maryland · Dec 26, 2002
In Lee’s case, the circumstances do not so clearly establish that there was a second stop. … The Qualified Immunity Debate At the summary judgment hearing, Lee’s attorney argued that, even if the evidence was insufficient to establish that Cline acted with malice, Lee must be allowed to proceed on his constitutional
Reversed on other grounds by Lee v. Cline, 384 Md. 245 (2004)Cited 6 timesPublishedGavonna Willis v. Juanita Mills
141 F.4th 905 · Court of Appeals for the Eighth Circuit · Jun 20, 2025
of a constitutional or statutory right; and (2) whether the right was clearly established at the time of the deprivation.” … The district court’s denial of summary judgment based on qualified immunity was proper.
Cited 1 timesPublishedMary Roe v. Texas Department Of Protective And Regulatory Services
299 F.3d 395 · Court of Appeals for the Fifth Circuit · Aug 13, 2002
established" in the context of qualified immunity. … established" for purposes of qualified immunity. 19 It is difficult to argue that a matter of law is clearly established for state actors in this circuit where this court has not opined on the issue in question and the other
Cited 28 timesPublished
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