Case law

Geoffrey J. Waldau v. Merit Systems Protection Board

19 F.3d 1395 · Court of Appeals for the Federal Circuit · Mar 16, 1994

Such a case exists when a petitioner raises nonfrivolous allegations of controverted jurisdictional facts on which the MSPB’s jurisdiction is clearly established if these facts are proven. See, e.g., Burgess v. … It is clearly not for this court on appeal to consider for the first time the evidence of record to determine whether Waldau qualifies as a confidential employee.

John Allen Caldwell v. Woodford County Chief Jailer, James Moore, Harry Stephen Tracy Rick Adkins Daniel E. Clark W. Keith Broughton

968 F.2d 595 · Court of Appeals for the Sixth Circuit · Jul 1, 1992

The question whether an official is protected by qualified immunity turns on “the objective legal reasonableness” of the action, assessed in light of the legal rules that were “clearly established” at the time the action … In Russo , we granted qualified immunity to the officers and noted that the use of a taser in order to avoid a dangerous situation or the resort to even greater force did not violate clearly established law.

LeFever v. Ferguson

956 F. Supp. 2d 819 · District Court, S.D. Ohio · Jul 9, 2013

Raker’s qualified immunity defense. … clearly established as early as 1964.”

Prager v. LaFaver

180 F.3d 1185 · Court of Appeals for the Tenth Circuit · Jun 15, 1999

LaFaver contends the law did not clearly establish that the First Amendment protected Mr. Prager’s speech. Pickering v. … We turn to the question of whether this law was clearly established when Mr. LaFaver acted against Mr. Prager.

TonyaMarie Adams v. Nathan Trimble

Court of Appeals for the Eighth Circuit · Jul 24, 2023

Trimble appeals, claiming he is entitled to qualified immunity because the law was not clearly established. … As such, the evidence does not show a violation of a clearly established constitutional right, and qualified immunity is appropriate here.

Ramirez v. Holmes

921 F. Supp. 204 · District Court, S.D. New York · Mar 31, 1996

“Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him … For Ramirez to defeat Holmes’s use of the qualified immunity shield, he must demonstrate that he possessed a clearly established constitutional right with respect to his claims.

McCollum v. Garrett

880 S.W.2d 530 · Kentucky Supreme Court · Sep 1, 1994

During the time in which McCollum essentially acted as an investigator, the protection available to him was qualified immunity. … . -, 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993), as follows: ... government officials are not subject to damages liability for the performance of their discretionary functions when "their conduct does not violate clearly established

Maney v. Fealy

69 F. Supp. 3d 553 · District Court, M.D. North Carolina · Nov 17, 2014

In determining whether a governmental official is entitled to qualified immunity, the Court must decide “whether a constitutional violation occurred and ... whether the right violated was clearly established.” … Instead, the Fourth Circuit rested its finding for the officer on the basis, of the second prong of the qualified immunity analysis, finding that the officer did not violate clearly established law. Id. at 359-60 .

Keith Edwards v. Officer J. Grubbs

Court of Appeals for the Eleventh Circuit · Mar 13, 2026

Edwards to establish that qualified immunity does not apply. See Bailey, 843 F.3d at 480. … A right may be clearly established for qualified im- munity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right;

La Belle v. County of St. Lawrence

85 A.D.2d 759 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1981

In addition, the case of Doe v County of Suffolk ( 494 F Supp 179, 182 ) states that the immunity under section 419 of the Social Services *761 Law is a qualified good faith immunity only. … Furthermore, it should be noted that contrary to defendants’ assertion, since the immunities are at best qualified immunities, plaintiffs did not have the burden to plead bad faith (Gomez v Toledo, 446 US 635 ).

Gonzalez v. Romanisko

744 F. Supp. 95 · District Court, M.D. Pennsylvania · Aug 22, 1990

The Defendant, Mastruzzo, here moves for judgment notwithstanding the verdict based on allegations of qualified immunity and insufficiency of the evidence. … The principles of qualified immunity that we have reaffirmed today require that Anderson be permitted to argue that he is entitled to summary judgment on the ground that, in light of the clearly estab *98 lished principles

Henderson v. Simms

54 F. Supp. 2d 499 · District Court, D. Maryland · May 14, 1999

In order to be entitled to qualified immunity, public officials must show that their actions, objectively viewed, did not violate clearly established statutory or constitutional rights of which a reasonable official would … Mar.26, 1999), and, of course, since it predated the defendants’ conduct anyway, it certainly could not constitute “clearly established” law of which they should have known. See, e.g., Hodge v.

Mee v. Ortega

967 F.2d 423 · Court of Appeals for the Tenth Circuit · Jun 18, 1992

Accordingly, "summary judgment in favor of a defendant seeking qualified immunity is appropriate only if the constitutional standards governing the challenged conduct were not clearly established." Rex v. … Ortega on the basis of qualified immunity. "[T]he plaintiff cannot simply identify a clearly established right in the abstract and allege that the defendant has violated it." Hilliard v.

Husain v. Springer

336 F. Supp. 2d 207 · District Court, E.D. New York · Sep 2, 2004

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), they are entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable … For a constitutional right to be ‘clearly established’ for purposes of determining whether an officer is entitled to qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would

Gratsch v. Hamilton County

12 F. App'x 193 · Court of Appeals for the Sixth Circuit · Apr 3, 2001

a given set of facts violates clearly established law.” ’ Id. … As discussed above, evaluation of a qualified immunity claim involves answering two questions: 1) did the plaintiff suffer a deprivation of his clearly established constitutional rights; and 2) did the defendant act in an

Edward Joseph X. Chapman v. George Pickett

586 F.2d 22 · Court of Appeals for the Seventh Circuit · Oct 30, 1978

Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have … There can be no serious contention with the fact that the right to be free from disproportionate punishment has long been “clearly established.”

Ober v. Evanko

80 F. App'x 196 · Court of Appeals for the Third Circuit · Oct 21, 2003

The District Court denied Appellants’ motion, finding that Appellants violated Ober’s clearly established First Amendment rights and, thus, were not entitled to qualified immunity. … Qualified immunity shields “government officials performing discretionary functions ... from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Don Blankenship v. Joe Manchin, Iii, in His Individual Capacity and in His Official Capacity as Governor of the State of West Virginia

471 F.3d 523 · Court of Appeals for the Fourth Circuit · Dec 20, 2006

Finding a constitutional violation of a clearly established right, the district court denied the application of qualified immunity. This appeal followed. II. … As Blankenship’s complaint alleges a constitutional violation of a clearly established right, qualified immunity does not attach to the Governor’s actions.

Bailey v. Board of County Commissioners of Alachua County

956 F.2d 1112 · Court of Appeals for the Eleventh Circuit · Mar 31, 1992

To defeat a qualified immunity defense, Bailey was required to show that the defendants violated a clearly established statutory or constitutional right of which a reasonable person would have known. Mitchell v. … The district court reasoned that the law became “clearly established” on that date; thus, Caldwell and Hayes were not entitled to summary judgment on the basis of qualified immunity.

Webb v. Jackson

583 So. 2d 946 · Mississippi Supreme Court · Jun 26, 1991

As to that section of the Complaint, Officer Jackson enjoys qualified immunity since the misconduct alleged does not fall within one of the three exceptions to qualified immunity. … Officer Jackson is protected by qualified immunity and the City of Newton by sovereign immunity on that issue.