Case law

Stedman v. Dean

District Court, D. Maryland · Apr 2, 2025

QUALIFIED IMMUNITY Defendants seek to dismiss Plaintiff’s federal constitutional claims, invoking qualified immunity. … [not] clearly established at the time of’ its alleged violation.”

Saunders v. Baltimore City Police Dept.

District Court, D. Maryland · Mar 30, 2020

Once a qualified immunity defense is raised, to avoid dismissal “a plaintiff must allege sufficient facts to set forth a violation of a constitutional right, and the court must conclude that this right was clearly established … At present, however, both approaches result in qualified immunity for the officer, as any Fourth Amendment right is not “clearly established.”

Skinner v. Mannino

District Court, D. Maryland · Jan 26, 2022

Qualified Immunity Mannino further argues that regardless of whether Skinner has stated valid claims, she is entitled to the defense of qualified immunity. … Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Pulvermann v. AS Abell Company

131 F. Supp. 617 · District Court, D. Maryland · May 2, 1955

Plaintiffs admit that" a newspaper may have a qualified privilege to publish libelous statements, but maintain that such qualified privilege has been abused by defendant in that (1) the defendant published the article after … Yet this guaranty does not give immunity to the press from liability for libelous statements, but merely secures to the press the same basic rights and immunities as are enjoyed by the public at large.

Tinch v. United States

189 F. Supp. 2d 313 · District Court, D. Maryland · Mar 11, 2002

The United States, and its officers, are presumed to be immune to suit, unless they have expressly waived their immunity. “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” … Probable cause was unquestionably established by the fact that the car was reported as stolen in the NCIC, thereby precluding the Fourth Amendment claim.

Estate of Renardo Green v. City of Annapolis (MD)

District Court, D. Maryland · Apr 7, 2025

conduct was clearly established at the time.’” … Cope, where that court “granted qualified immunity to a paramedic who sedated an injured arrestee before taking the arrestee to the hospital because it was not clearly established that such conduct violates the Fourth

Basnueva v. Mallow

District Court, D. Maryland · Aug 8, 2024

Qualified Immunity Defendants assert in a cursory manner that they are entitled to qualified immunity from liability because they did not violate Basnueva’s constitutional rights. (ECF No. 13-1 at 21-23.) … lawful in light of clearly established law.”

Bailey v. Lally

481 F. Supp. 203 · District Court, D. Maryland · Jul 21, 1979

We agree with petitioners that as prison officials and officers, they were not absolutely immune from liability in this § 1983 damages suit and could rely only on the qualified immunity described in Scheuer v. … Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have

Akinola v. Corizon Health Service

District Court, D. Maryland · Feb 22, 2023

Qualified Immunity Furthermore, Officer Lavin is entitled to qualified immunity. … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.

United States v. Maryland

471 F. Supp. 1030 · District Court, D. Maryland · Jun 12, 1979

Thus, the 1974 Act also served to confirm the construction intended by the Legislature but not clearly expressed in the 1971 Act. … Federal Immunity from State Taxation: A Reassessment, 45 Chi.L.Rev. 695 (1978). .

Congress of Racial Equality v. Commissioner, Social Security Administration

270 F. Supp. 537 · District Court, D. Maryland · Jun 20, 1967

The principles of sovereign immunity preclude this Court from granting such relief. Larson v. Domestic & Foreign Commerce Corp., supra; Malone v. … The first three numbered paragraphs are clearly inapplicable. To support its claim of jurisdiction under paragraph (4), plaintiff cites Executive Order 11246 and 42 U.S.C. § 1983 .

Fladger v. State of Maryland

District Court, D. Maryland · Feb 19, 2021

If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability. … The individual defendants named in Fladger’s complaint are entitled to qualified immunity because there is no clearly established federal statutory or constitutional right for Fladger to have any and all complaints processed

Doe 4 v. Montgomery County Board of Education

District Court, D. Maryland · Jul 21, 2023

The claimed injuries to Plaintiffs clearly militate against issuance of a stay. 4. … Public interest Finally, Defendants assert that the public has an important interest in the proper application of qualified immunity.

In Re Grand Jury Subpoena

524 F. Supp. 357 · District Court, D. Maryland · Jul 2, 1981

The attorney-client privilege clearly has no application as the former client has executed a waiver of that privilege. … The Court, however, elaborated on their conclusion that work-product enjoyed “a nearly absolute immunity” as opposed to absolute immunity.

McCall v. Rounds

District Court, D. Maryland · Mar 7, 2023

“Qualified immunity protects government officials from civil damages in a § 1983 action insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … To overcome an assertion of qualified immunity from a § 1983 claim, a plaintiff must show that (1) the government official violated a federally protected right of the plaintiff; and (2) that right was clearly established

H. R. v. Hornbeck

524 F. Supp. 215 · District Court, D. Maryland · Sep 24, 1981

Among the prerequisites to qualifying for this federal financial aid, the state education authorities must establish to the satisfaction of the United States Commissioner of Education that a policy has been established “that … Plaintiffs are not attacking the procedures established by the defendants to qualify for federal funds under the EAHC Act. *218 Instead, they complain that these procedures are being circumvented by the expulsion and suspension

Pradhan v. Al-Sabah

299 F. Supp. 2d 493 · District Court, D. Maryland · Jan 5, 2004

Instead, Defendants simply maintain that Plaintiffs have failed to state a claim or plead any facts establishing liability. … Without more, Defendants have failed to meet their burden of proving immunity as necessary to establish that this court lacks subject matter jurisdiction over these claims.

Morency v. Uguru

District Court, D. Maryland · Jun 30, 2023

An officer enjoys the defense of qualified immunity when his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” McDaniel v. … To enjoy the protection of qualified immunity, the officer must show that either he did not violate the constitutional rights of the plaintiff, or that if he did, no clearly established law existed at the time to alert

Baucom v. Potter

225 F. Supp. 2d 585 · District Court, D. Maryland · Sep 17, 2002

To establish a cause of action for disparate treatment under the Rehabilitation Act, 4 a plaintiff must show that 1) he has a disability, 2) he is otherwise qualified for the position, and 3) he suffered an adverse employment … To establish a failure to accommodate claim, a plaintiff must show that 1) he is an otherwise qualified individual with a disability, i.e., he is able to perform the essential functions of the job in question with or without

Key v. Montgomery County Maryland

District Court, D. Maryland · Sep 28, 2023

this Court finds that Butterworth used excessive force, he is entitled to qualified immunity because it was not clearly established that the force used by Butterworth in taking Plaintiff to the ground to be handcuffed in … Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established