Case law
Opinions from 1658 to today.
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Henry S. Kijonka v. Michael Seitzinger
363 F.3d 645 · Court of Appeals for the Seventh Circuit · Apr 14, 2004
We cannot find a reported Illinois case that found the elements of assault satisfied in any case remotely like this one, and this dooms Rietz’s defense of qualified immunity. … Kirksey, 885 F.2d 476, 478 (8th Cir.1989), but it goes far to establish qualified immunity.
Cited 73 timesPublishedDistrict Court, E.D. Wisconsin · Dec 6, 2021
court next must decide whether the plaintiff has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune … Counseling Ctr., 987 F.2d 397, 408-09 (7th Cir. 1993) (discussing relevant case law in context of assessing whether law was clearly established for qualified-immunity purposes)).
Cited 0 timesUnknown958 F.2d 709 · Court of Appeals for the Sixth Circuit · Mar 9, 1992
The defendants now argue that the court should have submitted their qualified immunity defense to the jury. That is clearly not the law. We stated in Poe v. … Haydon, 853 F.2d 418, 424 (6th Cir.1988), that “[resolution of qualified immunity is purely a question of law.”
Cited 42 timesPublishedDaniel Irish v. Keith McNamara
108 F.4th 715 · Court of Appeals for the Eighth Circuit · Jul 18, 2024
Deputy McNamara moved to dismiss the complaint based on qualified immunity. … During argument on the motion, the district court observed that this was a “highly unfortunate accident,” but it nevertheless denied qualified immunity, reasoning that it was clearly established that a seizure occurred within
Cited 7 timesPublished232 N.J. Super. 99 · New Jersey Superior Court Appellate Division · Apr 6, 1989
We acknowledged that this qualified immunity was subject to N.J.S.A. 59:3-14a as are all Tort Claims Act immunities. … therefore, she was entitled to a qualified immunity under N.J.S.A. 59:3-3.
Cited 15 timesPublished29 F.3d 1012 · Court of Appeals for the Fifth Circuit · Aug 24, 1994
A police officer is entitled to claim the cloak of qualified immunity "unless it is shown that, at the time of the incident, he violated a clearly established constitutional right." Spann v. … The right to be free from arrest without probable cause is a clearly established constitutional right. See Beck v.
Cited 205 timesPublished402 F. App'x 618 · Court of Appeals for the Second Circuit · Dec 6, 2010
DePrisco, 432 F.3d 98, 107 (2d Cir. 2005). 16 “Government actors have qualified immunity to § 1983 claims 17 ‘insofar as their conduct does not violate clearly 18 established statutory or constitutional rights of which … Thus, “[a] qualified immunity defense is 23 established if (a) the defendant’s action did not violate 24 clearly established law, or (b) it was objectively 25 reasonable for the defendant to believe that his action
Cited 2 timesUnpublishedEddie O. Buckley, Jr. v. Russell Rogerson, Warden Imcc Paul W. Loeffelholz, M.D.
133 F.3d 1125 · Court of Appeals for the Eighth Circuit · Jan 21, 1998
DISCUSSION Under the doctrine of qualified immunity, a government official is immune from suit unless the conduct complained of violated “clearly established statutory or constitutional rights of which a reasonable person … As we have noted in previous cases, this court has taken a “broad view” of what constitutes clearly established law for purposes of qualified immunity. Id. at 677.
Cited 83 timesPublishedMichael L. Davis v. John Zirkelbach
149 F.3d 614 · Court of Appeals for the Seventh Circuit · Jul 9, 1998
Ordinarily, because Lenn is entitled to qualified immunity from a suit based on the legal advice he gave to the police officers, we would ask whether his actions violated a clearly established statutory or constitutional … In Harlow , the Supreme Court explained its scope as follows: *620 If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing
Cited 74 timesPublishedCugini v. City of New York, Palazzola
941 F.3d 604 · Court of Appeals for the Second Circuit · Oct 25, 2019
It granted the defendantsʹ motion for summary judgment, however, on the ground that Palazzola was entitled to qualified immunity because his behavior did not constitute a violation of a clearly established constitutional … However, because at the time of the plaintiffʹs arrest Palazzolaʹs actions did not violate clearly established constitutional law, the district court correctly concluded that his actions were protected by qualified immunity
Cited 112 timesPublished975 F. Supp. 2d 930 · District Court, S.D. Indiana · Sep 30, 2013
In particular, the statute provides officials qualified immunity for “[t]he performance of a discretionary function.” Ind.Code § 34-13-3-3(7). … As with common law qualified immunity under Section 1983, an official’s conduct does not merit exemption from suit if it “violate[s] clearly established statutory or constitutional rights of which a reasonable person should
Cited 10 timesPublishedTortu v. Las Vegas Metropolitan Police Department
556 F.3d 1075 · Court of Appeals for the Ninth Circuit · Mar 3, 2009
’ qualified immunity claims. … The determination of qualified immunity at step two is strictly a legal question of whether, even though the facts alleged by the plaintiff make out a constitutional violation, that constitutional right was not clearly established
Cited 132 timesPublished130 F.3d 96 · Court of Appeals for the Fifth Circuit · Jul 29, 1998
Disputes over the application of the clearly-established-law prong of the qualified-immunity inquiry are separable from the merits of a controversy because “‘[a]n appellate court reviewing the denial of the defendant … The semantic switch from discussing the typical qualified-immunity issue of “clearly established law” to a hypothetical (in Behrens) issue of “objective legal reasonableness” creates many of the problems that are now plaguing
Cited 36 timesPublished839 F.2d 1422 · Court of Appeals for the Eleventh Circuit · Dec 28, 1987
Muhammad further argues that because this area of the law was clearly established, defendants should not be permitted to avail themselves of qualified immunity. … Broadly defining “clearly established law” as Muhammad suggests significantly undermines part of the rationale for the qualified immunity defense.
Cited 66 timesPublishedTheron v. Board of County Commissioners
District Court, W.D. Oklahoma · Sep 26, 2024
“Qualified immunity protects 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 have known.” … Bednar, 407 F.3d 1081, 1087 (10th Cir. 2005) (“[The defendant] violated clearly established law, and thus is not entitled to qualified immunity, if he terminated [the plaintiff] for exercising her free speech rights.”).
Cited 0 timesUnknown625 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Nov 9, 2010
Even if a constitutional violation based on deliberate indifference was shown, Defendant is entitled to qualified immunity. … But we do not rule out today that Defendant might yet be due qualified immunity as the facts become developed.6 The district court’s order denying summary judgment and qualified immunity to Defendant on the claim for deliberate
Cited 120 timesPublishedWilliams v. Mayor & City Council
128 Md. App. 1 · Court of Special Appeals of Maryland · Sep 7, 1999
The Maryland case law establishes unequivocally that police officers in the course of their public duties are public officials within the contemplation of the qualified immunity law. … We hold that in enacting the immunity provision of Ch. 307 of the Acts of 1979, it clearly was not the legislative intent to diminish or to curtail in any way the qualified immunity otherwise enjoyed by a law enforcement
Reversed on other grounds by Williams v. Mayor of Baltimore, 359 Md. 101 (2000)Cited 8 timesPublishedWhiteru v. Washington Metropolitan Area Transit Authority
258 F. Supp. 3d 175 · District Court, District of Columbia · Jul 7, 2017
WMATA’s first argument—that there is no statute, regulation, or policy on point—is clearly unavailing. … rely on “SSOP 46 alone” to establish this standard.
Cited 26 timesPublishedConrad Noyola v. Texas Department of Human Resources
846 F.2d 1021 · Court of Appeals for the Fifth Circuit · Jun 15, 1988
Second, if the first amendment rights were not “clearly established” at the time Noyola was terminated, 1 Appellants may defend on the basis of qualified official immunity from suit. … Consequently, Appellants could not have violated any “clearly established constitutional rights,” and they are protected by qualified immunity from suit. III.
Cited 73 timesPublished516 U.S. 299 · Supreme Court of the United States · Feb 21, 1996
On the merits of the appeal, the court rejected the argument that petitioner enjoyed qualified immunity because he had not violated any “clearly established right.” … allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.
Disagreed with by a later decision, 153 F.3d 591 (1998)Cited 1,946 timesPublished
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