Case law

United States v. Oliver L. North

910 F.2d 843 · Court of Appeals for the D.C. Circuit · Aug 22, 1990

acts as to which the citizen was forced to testify, then the government clearly has used the immunized testimony. … Nevertheless, the Fifth Amendment requires that the government establish priorities before making the immunization decision.

Samaritan Inns, Inc., Appellee/cross-Appellant v. District of Columbia, Appellants/cross-Appellees

114 F.3d 1227 · Court of Appeals for the D.C. Circuit · Jun 6, 1997

The court also concluded that neither Cross nor Montgomery was entitled to qualified immunity. … Government officials who violate a plaintiffs civil rights are entitled to qualified immunity if the officials reasonably could have believed that their actions were lawful in light of clearly established federal law and

Julius Hobson v. Jerry Wilson, Thomas J. Herlihy, Jack Acree, Christopher Scrapper, Edward Jagen, John Mahaney & George Suter, John B. Layton Julius Hobson v. Jerry Wilson Charles D. Brennan, Courtland J. Jones, Gerald T. Grimaldi, George C. Moore & Gerould W. Pangburn, Julius Hobson v. Jerry Wilson District of Columbia, a Municipal Corporation, Julius Hobson Washington Area Women Strike for Peace v. Jerry Wilson Julius Hobson Abe Bloom, Arthur I. Waskow, Tina Hobson, David Eaton, Sammie A. Abbott, Richard P. Pollock, Reginald Booker, Washington Peace Center and Washington Area Women Strike for Peace v. Jerry Wilson

737 F.2d 1 · Court of Appeals for the D.C. Circuit · Aug 17, 1984

Fitzgerald and Defendants' Qualified Immunity .... 24 A. Qualified Immunity and the Harlow Standard .............. 24 B. Application of the Harlow Standard ...................... 25 C. … Qualified Immunity and the Harlow Standard 98 Prior to Harlow, qualified immunity had both subjective and objective elements.

United States v. Daniel Houser

746 F.2d 55 · Court of Appeals for the D.C. Circuit · Oct 19, 1984

Richardson judicially ordered use immunity and compel his testimony. … Use immunity is, of course, to be distinguished from transactional immunity. A grant of transactional immunity guarantees that the grantee will not be prosecuted for the actions about which he testified.

Barbour, Adam v. WMATA

Court of Appeals for the D.C. Circuit · Jul 9, 2004

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 immunity. … That falls far short of establishing the pattern Cleburne requires.

Darryl Lewis v. Kalev Mutond

918 F.3d 142 · Court of Appeals for the D.C. Circuit · Mar 12, 2019

for foreign officials, the defendants in this case do not qualify for that immunity. … It is well established that when the executive provided a "suggestion of immunity," a head of state would be granted immunity by the courts. See, e.g. , Ye v. Zemin , 383 F.3d 620 , 625-27 (7th Cir. 2004).

Janet E. Atkinson v. The Inter-American Development Bank

156 F.3d 1335 · Court of Appeals for the D.C. Circuit · Oct 28, 1998

Recognizing the more substantial hurdle of the Bank’s immunity under the IOIA, appellant brought this declaratory judgment action in the district court to establish that the Bank had waived its immunity, and in the alternative … Nor would those costs be justified by the benefit of attracting highly qualified staff members, in light of the Bank’s already established administrative tribunal' to resolve employees’ contract grievances.

Dellums v. Powell

660 F.2d 802 · Court of Appeals for the D.C. Circuit · Jul 24, 1981

A Qualified Immunity Standard 27 Rejection of absolute immunity for defendant Powell's actions hardly leaves him defenseless. Indeed, a standard of qualified immunity provides a formidable defense. … to the former and relegating the latter to qualified immunity."

O'Donnell, Philip v. Barry, Marion S.

148 F.3d 1126 · Court of Appeals for the D.C. Circuit · Jul 28, 1998

An official is entitled to qualified immunity unless she has violated a clearly established right. … Soulsby is thus entitled to qualified immunity. III.

Lusik Usoyan v. Republic of Turkey

6 F.4th 31 · Court of Appeals for the D.C. Circuit · Jul 27, 2021

Foreign Sovereign Immunity Under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602 et seq., a foreign state is “presumptively immune from the jurisdiction of United States courts.” Saudi Arabia v. … Determining which discretionary actions qualify is “admittedly difficult”—after all, “nearly every government action is, at least to some extent, subject to ‘policy analysis.’” Cope, 45 F.3d at 448.

Rosalie Simon v. Republic of Hungary

911 F.3d 1172 · Court of Appeals for the D.C. Circuit · Dec 28, 2018

But over time, conflicting theories on when immunity should apply created “disarray” in the State Department’s immunity decisions. Altmann, 541 U.S. at 690. … immunity and confers federal-court jurisdiction over foreign sovereigns in qualifying cases. 28 U.S.C. §§ 1605– 1605A.

Porzecanski v. Azar

316 F. Supp. 3d 11 · Court of Appeals for the D.C. Circuit · May 30, 2018

SCLS can be treated with intravenous immune globulin (IVIG). AR 33, 137. … The instructions clearly permit Medicare Part B to cover off-label uses of certain drugs, see Medicare Benefits Policy Manual, Chapter 15, § 50.4.2, and the instructions distinguish as separate requirements the definition

Azima v. Rak Inv. Auth.

325 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · Sep 7, 2018

First, it concluded that RAKIA had not carried its "heavy burden" of establishing that the United Kingdom constituted an adequate and alternative forum, because: (1) RAKIA was entitled to sovereign immunity in English courts … sovereign immunity with regard to Azima's pending claims, RAKIA has pointed to no case within this district or outside of it that would suggest that RAKIA would not in fact enjoy sovereign immunity within the English court

Houston Lighting & Power Co. v. United States

606 F.2d 1131 · Court of Appeals for the D.C. Circuit · Jun 26, 1979

, would also immunize the rate from *238 judicial review for arbitrariness or departure from specific legal requirements. … to filing the notice of intent to establish a capital incentive, rate.

International Engineering Company, Division of A-T-O, Inc. v. Elliott L. Richardson, Secretary of Defense

512 F.2d 573 · Court of Appeals for the D.C. Circuit · Jun 19, 1975

Clearly, our Scanwell decision does not directly resolve that question. … We cannot accept the IEC’s argument that “Universal Fiberglass clearly establishes jurisdiction”; such an assertion indicates a complete lack of understanding of the real issues in this case — sovereign immunity and the extent

Smith v. Nixon

606 F.2d 1183 · Court of Appeals for the D.C. Circuit · Jul 12, 1979

This question, like the immunity for the other federal officials sued by the Smiths, is controlled by our Halperin opinion, which outlines the qualified immunity that applies to Executive acts taken in the course of duty. … a qualified immunity defense.

Wichita and Affiliated Tribes of Oklahoma v. Donald P. Hodel, Secretary, Department of Interior Wichita and Affiliated Tribes of Oklahoma v. Donald P. Hodel, Secretary, Department of Interior Appeal of Caddo Tribe of Oklahoma

788 F.2d 765 · Court of Appeals for the D.C. Circuit · Apr 18, 1986

There is no doubt that the Wichitas and the Delawares so qualify in this case. … Given this principle, litigation against the government would clearly affect the absent tribes.

Farhad Azima v. Rak Investment Authority

926 F.3d 870 · Court of Appeals for the D.C. Circuit · Jun 18, 2019

First, as an entity of a foreign government, it claimed immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C.  5 §§ 1602-11. … Reyno, 454 U.S. 235, 254 & n.22 (1981) (a forum is inadequate if the remedy offered is “clearly unsatisfactory”); Weber v.

Consumers Union of United States, Inc. v. Periodical Correspondents' Association, an Unincorporated Association

515 F.2d 1341 · Court of Appeals for the D.C. Circuit · Jul 21, 1975

Employing the Gravel test it still must be determined whether the particular acts considered here would qualify for immunity if performed by a Member himself. … Whether a clearly non-legislative decision made by non-members would be immunized from judicial scrutiny when ratified expressly by Members of Congress need not be decided in the context of this case. Cf. Powell v.

Park Dean Kauffman Gaila M. Kauffman v. Anglo-American School of Sofia, an Unincorporated Association

28 F.3d 1223 · Court of Appeals for the D.C. Circuit · Jul 12, 1994

Meyer argued that if given a choice, plaintiffs would have every reason to sue a federal agency instead of its individual officials, because this tactic would circumvent the qualified-immunity defenses that the individuals … The dissent contends that this reasoning does not apply in the context of private entities like the School, because we have afforded those entities the same qualified immunity as their agents enjoy.