Case law
Opinions from 1658 to today.
1,362 results
1.47s
District Court, S.D. Illinois · Aug 6, 2024
Qualified Immunity While the Court need not assess the Defendants’ qualified immunity argument by virtue of the fact that Boclair’s First and Eighth Amendment claims … “To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time
Cited 0 timesUnknownDistrict Court, S.D. Illinois · May 10, 2023
Qualified immunity (Doc. 84) In their Motion for Summary Judgment (Doc. 39), Defendants argued that they were entitled to qualified immunity, which “protects government 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.”
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Mar 11, 2025
Clearly Established Law Under the second qualified immunity prong—whether the law was clearly established at the time of the defendant’s conduct—the law at the time of the conduct … Snowden has not pointed to any other case clearly establishing the unconstitutionality of Henning’s use of force.6 Therefore, Henning is entitled to qualified immunity. IV.
Cited 0 timesUnknownUnited States v. $10,000.00 in United States Funds
863 F. Supp. 812 · District Court, S.D. Illinois · Apr 15, 1994
It has been well established that the entry of an appearance by a party in a case under the Rules of Admiralty Procedure waives any defects in the service and submits the party to the jurisdiction of the court. … In addition, it has further been clearly established that the mere fact that the government is the plaintiff and has brought the forfeiture action does not constitute a waiver of sovereign immunity and authorize the bringing
Cited 12 timesPublished484 F. Supp. 2d 864 · District Court, S.D. Illinois · Feb 2, 2007
UCHD’s Immunity under the Tort Immunity Act UCHD disclaims liability pursuant to two provisions of the Tort Immunity Act, 745 ILCS §§ 10/6-105 & 6-1069(a). 1 As immunity under the Act is an affirmative defense, UCHD bears … The court rejected the defendant’s claims of immunity under Michigan Avenue National Bank and Mabry because the record clearly showed that the doctor diagnosed the child’s pneumonia.
Cited 0 timesPublishedDistrict Court, S.D. Illinois · Dec 19, 2024
Qualified Immunity The Defendants also argue that they are entitled to qualified immunity shielding “government officials from civil damages liability unless … “To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time
Cited 0 timesUnknown462 F. Supp. 2d 925 · District Court, S.D. Illinois · Apr 28, 2006
Because the disciplinary report was not written with retaliatory intent, the defendants argue further, they are entitled to summary *928 judgment on the grounds of qualified immunity. Discussion A. … immunity.
Cited 0 timesPublishedDistrict Court, S.D. Illinois · Jun 20, 2023
violated was clearly established. … “If either inquiry is answered in the negative, the defendant official’ is protected by qualified immunity.” Koh v.
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Nov 29, 2021
Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “Qualified immunity is dissolved, however, if a plaintiff points to a clearly analogous case establishing a right to be free from the specific conduct at issue or when the conduct is so egregious that no reasonable person
Cited 0 timesUnknownTop Metal Buyers Inc. v. Lopinot
District Court, S.D. Illinois · Sep 30, 2025
Qualified immunity applies when (1) the official violated a statutory or constitutional right, and (2) the right was not “clearly established” at the time of the challenged conduct. Id. … “Ultimately, dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well- pleaded allegations, taken as true, do not state a claim of violation of clearly established law.”
Cited 0 timesUnknownDoe 5 v. Southern Illinois University
District Court, S.D. Illinois · Sep 30, 2021
Shaffer is also not entitled to the defense of qualified immunity at this stage. … Under this defense, a government official is shielded from liability for performing discretionary functions “insofar as [the] conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 0 timesUnknownMack v. Wexford Health Sources
District Court, S.D. Illinois · Aug 18, 2021
Qualified Immunity Simply put, Defendant Love is not entitled to qualified immunity. … “Generally, qualified immunity protects government agents from liability when their actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”
Cited 0 timesUnknownWilliams v. Big Muddy Correctional Center
District Court, S.D. Illinois · Aug 25, 2021
Qualified Immunity Finally, Defendants argue they are entitled to qualified immunity. … Governmental officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional
Cited 0 timesUnknownShopping Delite, Inc v. City of Bellevile
District Court, S.D. Illinois · Aug 29, 2024
Qualified Immunity In their final argument, defendants asserted that summary judgment was proper as to Blakeslee because she was protected by the doctrine of qualified immunity … Qualified immunity is designed to shield government agents “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 0 timesUnknownDistrict Court, S.D. Illinois · May 29, 2025
“To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time … Amaya does not address the Defendants’ qualified immunity defense in his Response besides stating that “[q]ualified immunity should not attach.”
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Sep 26, 2023
Qualified immunity protects government officials from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … A constitutional right is “clearly established” for qualified immunity purposes when the contours of that right are sufficiently clear that a reasonable officer would understand that his or her conduct violates
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Mar 5, 2021
Qualified immunity warrants dismissal at the pleading stage only when the plaintiff’s well-pleaded allegations, “taken as true, do not ‘state a violation of clearly established law.’” Hanson v. … Since the right to be free from false arrest was clearly established at the time of the events alleged, qualified immunity does not bar this claim. Fox v.
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Jan 24, 2020
Qualified immunity shields “government 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 … (2) whether the right at issue was clearly established at the time of the alleged misconduct.
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Jul 1, 2021
Hacker’s Qualified Immunity Next, Hacker argues that he enjoys qualified immunity as to Count I of the Complaint. … Hacker urges dismissal under 12(b)(6) because he believes that Rogers has “failed to identify a violation of a clearly established constitutional right.” (Doc. 54, p. 18).
Cited 0 timesUnknownDistrict Court, S.D. Illinois · Jul 6, 2020
Qualified Immunity Generally, government officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity … Accordingly, Defendants are entitled to qualified immunity on Count One.
Cited 0 timesUnknown
Ask Donna