Case law

Chen v. District of Columbia

District Court, District of Columbia · Mar 26, 2009

Nor may the Court conclude that Officer Ha is entitled to qualified immunity at this stage of the proceedings. … “the existence of qualified immunity will depend on the particular facts”).

MacHaria v. United States

238 F. Supp. 2d 13 · District Court, District of Columbia · Jul 30, 2002

immunity. 2. … Assuming arguendo that such action would qualify as “detention,” Plaintiffs have still failed to allege that the action was “prolonged,” or “arbitrary.”

Caldwell v. Kagan

777 F. Supp. 2d 177 · District Court, District of Columbia · Apr 18, 2011

A district court also lacks subject matter jurisdiction if plaintiff cannot establish Article III standing. See Weaver’s Cove Energy, LLC v. … As absolute immunity clearly protects the district court judge and the court of appeals judges from this lawsuit, all claims against those defendants must be dismissed. 2 III.

Barnhardt v. District of Columbia

District Court, District of Columbia · Jul 16, 2010

Qualified immunity therefore protects Sloan from suit. … Hence, his conduct is protected by qualified immunity. D.

Singletary v. District of Columbia

District Court, District of Columbia · Feb 18, 2010

Review of that case confirms that this question is relevant only to determining the availability of a qualified immunity defense. See id. … (“Qualified immunity . . . generally shields State officials from liability for their discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

De Letelier v. Republic of Chile

488 F. Supp. 665 · District Court, District of Columbia · Mar 11, 1980

The matter does not end there, however, for this jurisdictional grant is qualified in that it has been made subject to any proper interposition of the defense of sovereign immunity, a defense upon which the defendant places … The Republic .of Chile has cited several cases decided since the passage of the Foreign Sovereign Immunities Act that it contends establish foreign states under the Act are to be granted immunity for any tortious act committed

American Bankers Ass'n v. Bennett

618 F. Supp. 1528 · District Court, District of Columbia · Sep 16, 1985

In addition, Education argues that the relief sought is barred by sovereign immunity. The Court concludes that the plaintiff has standing and that the doctrine of sovereign immunity does not apply. A. … Offset is a qualified and limited method of collection.

Goode v. District of Columbia

District Court, District of Columbia · Mar 30, 2021

Qualified Immunity Finally, the individual defendants are entitled to qualified immunity to the extent plaintiff sues them in their individual capacities. … Simply put, plaintiffs allegedly infringed rights were not “clearly established” at the time COST made its decision.

Bein v. Islamic Republic of Iran

District Court, District of Columbia · May 4, 2026

Judge Upadhyaya began by addressing Plaintiffs’ evidentiary requests, including qualifying their experts and refusing to take judicial notice of certain reports and testimony submitted in prior FSIA cases. … Plaintiffs also qualify as claimants or victims under the FSIA because they were U.S. nationals at the time of the attacks. Id. (citing 28 U.S.C. § 1605A(a)(2)(A)(ii)).

Zandford v. National Ass'n of Securities Dealers, Inc.

30 F. Supp. 2d 1 · District Court, District of Columbia · May 20, 1998

Neither in his Fourth Amended Complaint or in any pleadings the Court considered, has Zandford even suggested “clearly established statutory or constitutional rights of which a reasonable [investigator] would have known” … If, as Zandford suggests, Hobbs and Sherman were merely the functional equivalent of police investigators, they are entitled to qualified immunity.

Heroth v. Kingdom of Saudi Arabia

565 F. Supp. 2d 59 · District Court, District of Columbia · Jul 10, 2008

STANDARD OF REVIEW In challenging a court’s subject matter jurisdiction under the Foreign Sovereign Immunities Act (“FSIA”) 28 U.S.C. §§ 1602 et seq., the defendant bears the burden of establishing that none of the exceptions … This is, at most, the type of incidental benefit that does not qualify for third party beneficiary status.

Davis v. District of Columbia

156 F. Supp. 3d 194 · District Court, District of Columbia · Jan 15, 2016

For this reason, “the protection of qualified immunity is available if ‘a reasonable officer could have believed that [his or her actions were] lawful, in light of clearly established law and the information the officers … Cir. 2012) (officer entitled to qualified immunity where “warrant was not facially invalid”).

COMMITTEE ON THE JUD. US HOUSE OF REP. v. Miers

575 F. Supp. 2d 201 · District Court, District of Columbia · Aug 26, 2008

The Executive seizes on that and likens this situation to a denial of qualified immunity from trial, which “generally constitute^] irreparable injury ... because of the irretrievable loss of immunity from suit.” … But that overlooks the significant differences between absolute or qualified immunity from a civil damages lawsuit and the Executive’s asserted immunity from congressional testimony here.

Taylor v. Bureau of Indian Affairs

District Court, District of Columbia · May 9, 2023

Here, plaintiff has not clearly identified any final agency action. … Plaintiff has failed to establish that the United States has expressly consented to suit. Similarly, also applicable here, a court is immune from damages suit for actions taken in the performance of its duties.

Stone v. Donovan

72 F. Supp. 3d 186 · District Court, District of Columbia · Nov 3, 2014

All three were dismissed because Stone did not meet his burden to establish that sovereign immunity had been waived. Id. at 52. The court also held that the suits were improper collateral attacks on Stone’s sentence. … a waiver of sovereign immunity.

Cutchin v. District of Columbia

District Court, District of Columbia · Mar 27, 2019

Here, the defendants are entitled to qualified immunity unless Cutchin shows the violation of a constitutional right and that the right was clearly established at the time of the alleged violation. … “Even if there is a genuine dispute about the reasonableness of an officer’s use of force, he is protected by qualified immunity unless his force violated clearly established law.” Hedgpeth v.

Murphy v. Commonwealthexec. Office of the Trial Court

335 F. Supp. 3d 137 · District Court, District of Columbia · Sep 28, 2018

Post-Termination Process Following his termination, the Plaintiff immediately initiated the grievance process as established by the Collective Bargaining Agreement between the Trial Court and the Plaintiff's union. … Congress has clearly not abrogated the Commonwealth's immunity respect to these state law claims. Further, the Commonwealth has not waived its sovereign immunity either to tort claims or to claims under Mass. Gen.

Karriem v. District of Columbia

641 F. Supp. 394 · District Court, District of Columbia · Jul 29, 1986

These cases on “qualified immunity” dictate that government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … No clearly established constitutional or statutory right to such retraining can be demonstrated.

Bradshaw v. Oberg

690 F. Supp. 31 · District Court, District of Columbia · Jun 23, 1988

Accordingly, the Court concluded that defendant was not entitled to qualified immunity. Defendant appealed the Court’s decision to the United States Court of Appeals for the District of Columbia Circuit. … violated [plaintiff’s] clearly established fourth amendment right to be free of unreasonable search.”

Way v. Johnson

893 F. Supp. 2d 15 · District Court, District of Columbia · Sep 26, 2012

Williams, and Bryan Young in their individual capacities also fail because these defendants are protected by qualified immunity. … ) whether the right at issue was clearly established at the time of the defendant's alleged misconduct.