Case law

United States v. Slough

641 F.3d 544 · Court of Appeals for the D.C. Circuit · Apr 22, 2011

Thus, only if the government on remand fails to establish by a preponderance that Frost would have written the journal or testified in the absence of exposure to defendants’ immunized statements would use of the journal and … But defendants’ proposed rule clearly would entangle the court in what has hitherto normally been internal prosecutorial decision-making.

Slack v. Wash. Metro. Area Transit Auth.

353 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Jan 11, 2019

By contrast, consider the CRREA, which clearly states that "recipients of Federal financial assistance" "shall not be immune under the Eleventh Amendment." 42 U.S.C. § 2000d-7(a)(1). … Mewborn enjoys immunity from Ms. Slack's defamation claim. In the alternative, Ms. Mewborn's statement is also protected by the qualified privilege of consent.

Consolidated Edison Co. of New York, Inc. v. Bodman

445 F.3d 438 · Court of Appeals for the D.C. Circuit · Apr 21, 2006

Thus Kalodner I makes clear that government possession of funds is itself sufficient to establish sovereign immunity. … While formal success may be minimally sufficient to qualify Kalodner’s clients as prevailing parties under Buckhannon, see 532 U.S. at 604, it  30 doesn’t establish common fund causation.

Ahmed Ali Muthana v. Michael Pompeo

985 F.3d 893 · Court of Appeals for the D.C. Circuit · Jan 19, 2021

Muthana thus may proceed on behalf of his grandson if he qualifies as his next friend. He does. … Not every person who is interested in serving as a minor’s next friend qualifies for that role.

Rachel Fraenkel v. Islamic Republic of Iran

892 F.3d 348 · Court of Appeals for the D.C. Circuit · Jun 8, 2018

The Statutory Framework Foreign states are immune from the jurisdiction of federal courts, subject to certain exceptions codified in the Foreign Sovereign Immunities Act of 1976 (“FSIA”). 28 U.S.C. § 1604; see Argentine … But that provision contains no qualifier on whether the victim’s U.S. citizenship was relevant to the act.

Hugo Princz v. Federal Republic of Germany

26 F.3d 1166 · Court of Appeals for the D.C. Circuit · Jul 1, 1994

Princz’s subsequent suf *1173 fering was clearly an effect, but just as clearly not “a direct effect in the United States” of the Nazis’ actions. Mr. … Binding precedent is clearly to the contrary, and clearly correct.

EIG Energy Fund XIV, L.P. v. Petroleo Brasileiro, S.A.

104 F.4th 287 · Court of Appeals for the D.C. Circuit · Jun 11, 2024

The denial of a foreign  7 sovereign’s assertion of sovereign immunity ordinarily qualifies as a collateral order. See Jungquist v. … Behrens, 516 U.S. at 313; see also Johnson, 515 U.S. at 319 (Whether “a given set of facts violates clearly established law” is a “reviewable determination.”).

Melvin D. Reuber v. United States of America (Two Cases.) Melvin D. Reuber v. Food Chemical News (Two Cases.)

750 F.2d 1039 · Court of Appeals for the D.C. Circuit · Jan 23, 1985

The case-law, though sparse, clearly supports the appellees’ status as ad hoc federal agents entitled to invoke official immunity as a defense. In Becker v. … The same reasons that support extending official immunity to the corporate defendants as to damages support allowing qualified official immunity as a bar to reinstatement.

Ali v. Pappas

479 F. Supp. 2d 85 · Court of Appeals for the D.C. Circuit · Mar 27, 2007

The “threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiffs allegations, if true, establish a constitutional violation.” Hope v. … Accordingly, there being no violation of clearly established constitutional rights in this case, the defendants are entitled to qualified immunity from liability for the alleged constitutional torts. II.

Doe v. Buratai

318 F. Supp. 3d 218 · Court of Appeals for the D.C. Circuit · Jul 19, 2018

The plaintiffs counter that low-level officers do not qualify for foreign-official immunity. … Delia , 566 U.S. 377 , 391-92, 132 S.Ct. 1657 , 182 L.Ed.2d 662 (2012) (rejecting exceptions to qualified immunity in the § 1983 context in part because exceptions would "create[ ] significant line-drawing problems" that

El-Hadad v. United Arab Emirates

496 F.3d 658 · Court of Appeals for the D.C. Circuit · Jul 27, 2007

I The facts below summarize the district court’s detailed findings after a bench trial, which we set aside only if clearly erroneous. See El-Hadad v. Embassy of U.A.E., No. 96-1943, 2006 WL 826098 (D.D.C. … That is enough under our “clearly erroneous” standard of review. FED . R. CIV . P. 52(a).

Jennifer K. Harbury, on Her Own Behalf and as Administratrix of the Estate of Efrain Bamaca-Velasquez v. John M. Deutch, Director, Central Intelligence Agency (Cia)

244 F.3d 960 · Court of Appeals for the D.C. Circuit · Apr 6, 2001

immunity from liability therefor. … Cir. 2001) ("A constitutional right was 'clearly established' at the time of the events in question only if '[t]he contours of the right [were] sufficiently clear that a reasonable officer would understand that what he [was

Red Lake Band of Chippewa Indians v. United States

800 F.2d 1187 · Court of Appeals for the D.C. Circuit · Sep 5, 1986

did not so qualify, the absence of a command post was the cause of the property damage. … Although perhaps late in coming, it was clearly the sort of policy decision protected by the discretionary function exception.

Harbury v. Deutch

244 F.3d 960 · Court of Appeals for the D.C. Circuit · Apr 6, 2001

immunity from liability therefor. … Even had Harbury made a colorable claim, the individual government defendants would be entitled to qualified immunity because reasonable officials in their positions could have believed that under established law their actions

Adam Barbour v. Washington Metropolitan Area Transit Authority, United States of America, Intervenor

374 F.3d 1161 · Court of Appeals for the D.C. Circuit · Sep 1, 2004

First, it contends that Congress did not clearly condition acceptance of federal *1164 transportation funds on such a waiver. … First, College Savings and Atascadero establish a single criterion for determining the validity of a waiver: Congress must clearly condition acceptance of federal funds on the state’s waiver of its sovereign *1167 immunity

Broidy Capital Management LLC v. Nicolas Muzin

12 F.4th 789 · Court of Appeals for the D.C. Circuit · Sep 3, 2021

Department of State has an established policy to recognize the defendants’ asserted grounds for immunity, and held it does not. Id. … The Supreme Court has not explained precisely what “requisites” an individual claiming immunity must establish, nor have we.

Yassin Aref v. Loretta Lynch

833 F.3d 242 · Court of Appeals for the D.C. Circuit · Aug 19, 2016

We need not evaluate these injuries, however, because we conclude infra that Smith is entitled to qualified immunity. … Qualified Immunity Having concluded the PLRA does not bar appellants’ claims, we turn at last to the question whether Smith is  44 entitled to qualified immunity.

Miller v. Marriott Int'l LLC

378 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · May 3, 2019

It is established that MPD is such an entity, as is D.C. Superior Court. See Davis v. Sarles , 134 F. … "Like other forms of official immunity, judicial immunity is an immunity from suit, not just from ultimate assessment of damages." Mireles v. Waco , 502 U.S. 9 , 11, 112 S.Ct. 286 , 116 L.Ed.2d 9 (1991) (per curiam).

United States v. Charles G. Rose III

28 F.3d 181 · Court of Appeals for the D.C. Circuit · Jul 12, 1994

Conticommodity Services, Inc., 844 F.2d 856, 860 (D.C.Cir.1988) (“the process by which a committee takes statements and prepares them for publication clearly qualifies as an activity within the legislative sphere”) (internal … The House Leadership Group nevertheless argues that if Congressman Rose had given his testimony on the House floor, rather than in a committee room, he would clearly qualify for speech or debate immunity.

Kalodner, Philip v. Abraham, Spencer

310 F.3d 767 · Court of Appeals for the D.C. Circuit · Nov 19, 2002

Kalodner subsequently filed a claim with DOE seeking an award of attorney's fees from the fund established through DOE's settlement with Occidental. … Expressly disclaiming that he qualifies as a Subpart V claimant, Appellant's Reply at 21, Kalodner argues that he is entitled to an award pursuant to the common fund fee doc- trine. See Boeing Co. v.