Case law

Hatcher v. Cheng

63 F. Supp. 3d 893 · District Court, S.D. Illinois · Aug 7, 2014

Furthermore, Cheng is entitled to qualified immunity because Hatcher has not alleged that Cheng has violated a clearly established right. … Similar to Count 3, the Court also concludes that Kempf-Leonard is entitled to qualified immunity because Hatcher has not alleged that Cheng violated a clearly established right and has not come forward with a clearly analogous

Courtney v. Godinez

District Court, S.D. Illinois · Feb 5, 2024

Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … not violated clearly established law.”

Pierce v. Commonfields of Cahokia Public Water District

897 F. Supp. 2d 743 · District Court, S.D. Illinois · Sep 20, 2012

In Defendants’ Answer, they raise the defense of qualified immunity as well as reiterate the defense in the present motion for summary judgment. … Thus, legislative immunity does not bar a § 1983 claim against Commonfields, nor is Commonfields entitled to qualified immunity on Plaintiffs claim. 3.

Nicholas v. Bratton

376 F. Supp. 3d 232 · District Court, S.D. Illinois · Mar 26, 2019

Qualified Immunity "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … established" for purposes of qualified immunity, the right must be " 'clearly established' in a more particularized, and hence more relevant, sense."

Del Raine v. Carlson

153 F.R.D. 622 · District Court, S.D. Illinois · Mar 8, 1994

QUALIFIED IMMUNITY Alternatively, this Court finds that the defendants are entitled to qualified immunity in this cause of action. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

B. Braxton/Obed-Edom v. City of New York

368 F. Supp. 3d 729 · District Court, S.D. Illinois · Mar 15, 2019

The Defendants Are Not Shielded from Suit Under the Doctrine of Qualified Immunity. … The doctrine of "[q]ualified immunity shields public officials from liability for civil damages if their actions were objectively reasonable, as evaluated in the context of legal rules that were 'clearly established' at the

Vickery v. Jones

856 F. Supp. 1313 · District Court, S.D. Illinois · Jul 6, 1994

Qualified Immunity. … The state officials assert that this Court should dismiss plaintiffs claim for compensatory and punitive damages on qualified immunity grounds because the plaintiff cannot establish the existence of a clearly established

Berg v. Kelly

343 F. Supp. 3d 419 · District Court, S.D. Illinois · Nov 30, 2018

Finally, Judge Griesa held that the defendant officers "failed to show that they are entitled to qualified immunity." Id. The defendants filed a notice of appeal challenging the denial of qualified immunity. … The Second Circuit's decision discussed plaintiffs' constitutional claims at length and concluded that the defendants were entitled to qualified immunity on these claims. See Berg v.

Vickery v. Jones

878 F. Supp. 1179 · District Court, S.D. Illinois · Mar 7, 1995

, the defendants were put in the position of possibly *1186 losing their qualified immunity if they did not change their policy. … As discussed above, the award of qualified immunity precludes an award of damages.

Wren v. Jones

457 F. Supp. 234 · District Court, S.D. Illinois · Aug 21, 1978

These defenses concern qualified immunity and good faith. … They have been unable to establish any basis for qualified immunity. They must be held liable for compensatory damages and attorneys’ fees.

Shaheed v. City of N.Y.

287 F. Supp. 3d 438 · District Court, S.D. Illinois · Mar 2, 2018

At minimum, qualified immunity protects such a determination. See Cerrone , 246 F.3d at 202 -03 . Accordingly, on any theory of false arrest or false imprisonment, the officers are entitled to qualified immunity. … These principles apply with equal force in the qualified immunity context. See, e.g., Betts , 751 F.3d at 82-83 (qualified immunity on false arrest yielded qualified immunity on malicious prosecution); Pinter v.

Davila v. Lang

343 F. Supp. 3d 254 · District Court, S.D. Illinois · Oct 23, 2018

"The doctrine of sovereign immunity is jurisdictional in nature, and therefore to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver." See Makarova v. … But the language of Articles 23 and 23-a clearly establishes that the state statute does not purport to constrain the actions of federal administrative bodies like OLAP.

Stanley v. Carrier Mills-Stonefort School District No. 2

459 F. Supp. 2d 766 · District Court, S.D. Illinois · Sep 21, 2006

Morgan’s Qualified Immunity Morgan claims he is entitled to the defense of qualified immunity with regard to Counts I, III and IV. … Qualified immunity is an affirmative defense that shields government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Colon v. Annucci

344 F. Supp. 3d 612 · District Court, S.D. Illinois · Sep 28, 2018

"The doctrine of qualified immunity 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 … In other words, qualified immunity shields a defendant from standing trial or facing other burdens of litigation "if either (a) the defendant's action did not violate clearly established law, or (b) it was objectively reasonable

Funches v. Ebbert

638 F. Supp. 2d 1014 · District Court, S.D. Illinois · Jun 16, 2009

Qualified Immunity Defendants seek judgment in their favor on the qualified immunity defense. This argument appears to target Count 1. As noted above, the defendants are entitled to judgment in their favor on Count 1. … Because there was no constitutional deprivation, the qualified immunity defense is not addressed at this time. Saucier v.

Corley v. Vance

365 F. Supp. 3d 407 · District Court, S.D. Illinois · Mar 27, 2019

Relatedly, the NYPD Defendants enjoy a qualified immunity that shields *447 them from personal liability for damages under § 1983 insofar as their "conduct does not violate clearly established statutory or constitutional … On the issue of qualified immunity, the NYPD Defendants are wrong. Plaintiff addresses qualified immunity in his Opposition. (1800 Pl. Opp. 8-9).

Pablo Star Ltd. v. Welsh Gov't

378 F. Supp. 3d 300 · District Court, S.D. Illinois · Mar 29, 2019

any immunity defense on its own behalf in response to the SAC." … The Court now asks whether Plaintiffs have demonstrated that the Welsh Government's alleged acts of copying and distribution qualify as "commercial activit[ies]" within the meaning of the FSIA.

Hammond v. Rector

123 F. Supp. 3d 1076 · District Court, S.D. Illinois · Aug 19, 2015

The last issue is whether the Wexford defendants are entitled to qualified immunity. … The Defendants’ defense of qualified immunity therefore fails.

Anthony v. O'Fallon Township High School District 203 Board of Education

District Court, S.D. Illinois · Jan 23, 2024

The Supreme Court has stated that “qualified immunity questions should be resolved at the earliest possible stage of a litigation” because “[o]ne of the purposes of the Harlow qualified immunity standard is to protect public … Tamayo’s complaint as true, the defendants violated a clearly established constitutional right; therefore, a grant of qualified immunity is inappropriate at this point in the proceedings.”).

Wilson Ex Rel. Adams v. Cahokia School District 187

470 F. Supp. 2d 897 · District Court, S.D. Illinois · Jan 19, 2007

“In general ... a government officer is entitled to qualified immunity if a reasonable officer could have believed that his or her conduct was constitutional in light of the clearly established law and the information the … qualified immunity.