Case law

Maryland State Conference of NAACP Branches v. Maryland Department of State Police

72 F. Supp. 2d 560 · District Court, D. Maryland · Sep 30, 1999

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory … In regard to qualified immunity, the plaintiffs do not suggest there was a clearly established right to have “balanced” statistics (see Defts.

Adams v. Calvert County Public Schools

201 F. Supp. 2d 516 · District Court, D. Maryland · May 22, 2002

Other candidates were deemed more qualified by CCPS and re.ceived these promotions. … immunity under federal law.

McIntyre v. Robinson

126 F. Supp. 2d 394 · District Court, D. Maryland · Nov 21, 2000

Defendants’ primary argument is that they are protected from liability in this regard on the basis of qualified immunity because, in the familiar words of the Supreme Court, their conduct did not violate “clearly established … McKinney in 1993, the right of a prisoner to be free from unreasonable levels of ETS has been clearly established.

Ross v. Early

758 F. Supp. 2d 313 · District Court, D. Maryland · Feb 25, 2011

Qualified immunity shields government officials performing discretionary functions from civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity shields government officials performing discretionary functions from liability so long as "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Littleton v. PRINCE GEORGE'S COUNTY, MD.

797 F. Supp. 2d 648 · District Court, D. Maryland · Jun 21, 2011

qualified immunity analysis. … Defendants bear the burden of establishing qualified immunity. Cloaninger ex rel. Estate of Cloaninger v. McDevitt, 555 F.3d 324 , 332 n. 10 (4th Cir.2009).

Munyiri v. Haduch

585 F. Supp. 2d 670 · District Court, D. Maryland · Nov 2, 2008

Secretary Maynard and Warden Williams assert their right to qualified immunity. In assessing a claim of qualified immunity, the court employs a two-pronged analysis. Saucier v. … If a constitutional violation has occurred, the second step requires the court to consider whether the right was clearly established, measured by whether a reasonable officer would have believed the conduct to be lawful under

Benford v. American Broadcasting Companies, Inc.

502 F. Supp. 1148 · District Court, D. Maryland · Nov 14, 1980

The Butz Court utilized the definition of qualified immunity that the Court applied to state officials in Scheuer . … In his dissenting opinion in McSurley , Judge Wilkey clearly assumed that absent the absolute protection of the Speech or Debate Clause the legislative defendants would have access to qualified official immunity.

Pathways Psychosocial v. Town of Leonardtown

133 F. Supp. 2d 772 · District Court, D. Maryland · Mar 29, 2001

Qualified Immunity Under this doctrine, public officials are not liable under federal law for civil damages to the extent that their conduct does not contravene “clearly established statutory or constitutional rights of which … The officials are “entitled to summary judgment on the ground of qualified immunity if they can establish that reasonable officials could have believed that their actions were lawful in light of both clearly established law

Withers v. Levine

449 F. Supp. 473 · District Court, D. Maryland · Apr 21, 1978

Testimony by hearing officer Tilley established clearly that the MHC adjustment team did not have the medical evidence when it concluded that Redd had engaged only in a perverted practice, not an assault. … Rhodes, 416 U.S. 232, 247-48 , 94 S.Ct. 1683,1692 , 40 L.Ed.2d 90 (1974), officers of the executive branch of government were held to have a qualified immunity to § 1983 damages “dependent upon the scope of discretion and

Gonzalez v. Cecil County, Maryland

221 F. Supp. 2d 611 · District Court, D. Maryland · Jun 4, 2002

In the alternative, the Nurse Defendants assert that they are entitled to the defense of qualified immunity. … Under the doctrine of qualified immunity, government officials performing discretionary functions are not liable for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Smith-Berch, Inc. v. Baltimore County, Md.

68 F. Supp. 2d 602 · District Court, D. Maryland · Aug 9, 1999

and Permits Department Director Jablon are entitled to qualified immunity. … immunity under the ADA, Defendants contend that as of 1997, it was not clearly established law either that WMI had standing to sue under Title II or that Title II applied to local zoning decisions.

Paoli v. Lally

636 F. Supp. 1252 · District Court, D. Maryland · May 23, 1986

Qualified Immunity As an alternative basis for summary judgment, Goodlander contends that he is entitled to a qualified good faith immunity defense. See Harris v. … court granted judgment for defendants on the basis of a qualified immunity defense.

Martin v. Mendoza

230 F. Supp. 2d 665 · District Court, D. Maryland · Nov 12, 2002

established right of plaintiff secured by the Fourth Amendment; (2) even if Mendoza committed one or more errors of constitutional magnitude, nevertheless, he is entitled to the benefit of the qualified immunity defense … West, 237 F.3d 356 (4th Cir.2001)(same; affirming denial of summary judgment sought on the ground of qualified immunity; genuine dispute of material fact present); Henderson v.

Carroll v. City of Westminster

52 F. Supp. 2d 546 · District Court, D. Maryland · Mar 22, 1999

Nonetheless 33 , the Court has undertaken the qualified immunity analysis. … Therefore, Defendants did not violate a eleariy established right and would be entitled to qualified immunity on Plaintiffs § 1983 claims. B.

Benford v. American Broadcasting Companies, Inc.

98 F.R.D. 42 · District Court, D. Maryland · May 2, 1983

This Court left open the possibility that a qualified immunity defense might be raised at trial. Id. On June 24, 1982, the United States Supreme Court decided Harlow v. … Because the issue of qualified immunity is very much alive, and may be reasserted by these defendants at trial, the authority they actually possessed is a highly relevant issue.

Knuemann v. Naranjo

378 F. Supp. 104 · District Court, D. Maryland · Jun 25, 1974

Justice Brennan with his approach of qualified privilege, would find themselves sympathetic to the application of the privilege on the Ruderer facts. … We would like to be on record as expressing our concern for a person who is clearly troubled.

Simms Ex Rel. Simms v. Hardesty

303 F. Supp. 2d 656 · District Court, D. Maryland · Aug 27, 2003

“The next, sequential step is to’ask whether the light was clearly established” at the time of the events at issue. If not, the qualified immunity doctrine still provides a defendant officer with immunity from suit. … The question therefore arises, in determining whether the members of the ERT team are entitled to qualified immunity, whether that right was clearly established at the time of the *669 events at issue in September 1998.

Provenza v. Rinaudo

586 F. Supp. 1113 · District Court, D. Maryland · Mar 6, 1984

Government officials performing discretionary functions are shielded from liability for civil damages if the conduct does not violate a clearly established constitutional right of which a reasonable person would have known … Their inadvertant procedural error, if made, was not a sufficient act to overcome this qualified immunity.

Willever v. United States

775 F. Supp. 2d 771 · District Court, D. Maryland · Mar 4, 2011

The Maryland Health Care Malpractice Claims Act (“HCMCA”) establishes a state administrative claims procedure relating to malpractice claims. … There was thus no conflict between the Oklahoma law, which established a rule for the tolling of that state’s statute of limitations, and Rule 3.

Rivero v. Montgomery County

259 F. Supp. 3d 334 · District Court, D. Maryland · May 3, 2017

Qualified Immunity The County Defendants argue that qualified immunity shields Officer Kettering from liability. Cty. Mem. 10-12. … As Smith notes, a finding that qualified immunity .does not shield an officer from liability also establishes that the officer has acted with reckless disregard for others’ rights. See id. at 55 , 103 S.Ct. 1625 .