Case law

Carter v. Mayor and City Council of Baltimore

164 F. Supp. 2d 509 · District Court, D. Maryland · Sep 13, 2001

As the Supreme Court has held, a state’s waiver of sovereign immunity in its own courts does not constitute a waiver of immunity from suit in federal court under the Eleventh Amendment. Kennecott Copper Corporation v. … Probable cause clearly existed at the time for the arrest of plaintiff.

Marrs v. Marriott Corp.

830 F. Supp. 274 · District Court, D. Maryland · Dec 21, 1992

In order to establish a prima facia case for a Title VII employment discrimination claim, the plaintiff must show that (1) he is a member of a protected class; (2) he was qualified for the job and satisfied his employer’s … Communications Satellite Corp., 759 F.2d 355 (4th Cir.1985) (“Unsupported allegations as to motive do not confer talismanic immunity from Rule 56.”); Mein v.

Hasenei v. United States

541 F. Supp. 999 · District Court, D. Maryland · Apr 8, 1982

It is also to be noted that Pennsylvania affords a qualified immunity to, inter alia, psychiatrists. … Accordingly, defendant has a qualified immunity from liability unless defendant’s actions were grossly negligent or incompetent.

Burns v. Buser

District Court, D. Maryland · Jul 15, 2021

In Officer Turner’s memorandum in support of dismissal and summary judgment, he argued that he was entitled to qualified immunity if he was being sued in his individual capacity, and to Eleventh Amendment immunity if … The Court determined that Officer Turner was not entitled to qualified immunity because Officer Turner might have violated Burns’s clearly established rights by denying Burns medical care, despite the fact that he was

Hicks v. Anne Arundel County

District Court, D. Maryland · Dec 22, 2020

Pamer invokes a defense of qualified immunity (see ECF No. 29 at 8), which is designed to protect public officials from becoming embroiled in lawsuits when “their conduct does not violate clearly established statutory … Thus, the doctrine of qualified immunity cannot shield Cpl. Pamer from Hicks’s adequately pleaded Fourth Amendment claim. c.

West v. Police Officer Powers

District Court, D. Maryland · Sep 29, 2023

Qualified Immunity Defendants argue that they are entitled to qualified immunity from suit. … “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

Bell v. United States

521 F. Supp. 2d 456 · District Court, D. Maryland · Jun 11, 2007

. § 7609(b)(2)(B) qualifies that right with a requirement that the person seeking to quash the summons “shall mail by registered or certified mail a copy of the petition to the person summoned” within the 20-day period referred … “Jurisdiction over any suit against the Government requires a clear statement from the United States waiving sovereign immunity, together with a claim falling within the terms of the waiver.” United States v.

Fairchild Stratos Corp. v. Siegler Corp.

225 F. Supp. 135 · District Court, D. Maryland · Nov 18, 1963

At this time the schedule for progress payments was established and incorporated as a change notice into the contract. … The dies shown Hufford and the drawings furnished Hufford clearly indicated the necessity of such forming.

Hanna v. Hills

District Court, D. Maryland · Jan 12, 2022

Qualified Immunity Defendants lastly contend that even if they had committed any of the alleged constitutional violations, they nonetheless enjoy qualified immunity requiring … Qualified immunity protects state actors from prosecution for violations of federal statutory or constitutional rights that had not been “clearly established” at the time of the alleged violations.

In Re Sabin Oral Polio Vaccine Products Liability Litigation

743 F. Supp. 410 · District Court, D. Maryland · Jul 12, 1990

Moreover, OPV permitted the creation of “herd immunity” because a person who has not been administered the vaccine can pick up immunity from one who has been vaccinated. … For example, although a minor skin irritation resulting from a vaccination may in a sense be deemed to be “harmful,” it clearly is not “harmful” if measured against the benefits provided by immunization from disease.

Jackson v. Gelsinger

District Court, D. Maryland · Aug 6, 2019

Qualified Immunity Even if the Court found Defendants violated Plaintiff s constitutional rights, they would nevertheless be entitled to summary judgment based on qualified immunity. … right; and (2) the unlawfulness of the conduct was “clearly established” at the time of the incident in question.

Scardelletti v. Bobo

897 F. Supp. 913 · District Court, D. Maryland · Aug 21, 1995

Un *918 der these authorities, the former trustees are immune from liability to the extent they simply were voting to amend the plan. … The Employer shall have the right at any time and from time to time: (a) To amend this Agreement in any manner it deems necessary or advisable in order to qualify (or maintain qualification of) this Plan and the Trust created

Foster v. Wiedefeld

District Court, D. Maryland · Sep 30, 2024

The courts of Maryland have “adopted a two-part test to determine whether sovereign immunity applies in a specific case: (1) does the entity asserting sovereign immunity qualify, and (2) has the Legislature waived the … immunity[?]”

Patterson

District Court, D. Maryland · Apr 16, 2026

Rather, the Court granted the Defendants’ motion to dismiss based on Eleventh Amendment immunity, failure to state a claim, and prosecutorial immunity. ECF 60, at 6-18. … To establish a violation of Title II, Patterson must show that “(1) [he] ha[s] a disability; (2) [he is] otherwise qualified to receive the benefits of a public service, program, or activity; and (3) [he was] denied the

Gillon v. BALTIMORE COUNTY, MD.

328 F. Supp. 2d 583 · District Court, D. Maryland · Jun 29, 2004

Notably, Gillon further testified that the people selected for the positions for which she applied were qualified, and that she did not disagree with the process implemented to fill those positions. Id. … That is, merely not being offered a desired employment posi *591 tion is far removed from the extreme and outrageous conduct required to establish a prima facie case.

Pevia v. Moyer

District Court, D. Maryland · Mar 31, 2022

In an exercise of this discretion, the Court considers only the second prong of the qualified immunity analysis: whether the constitutional right was clearly established at the time of the alleged misconduct. … They are entitled to qualified immunity.

Coster v. The State of Maryland

District Court, D. Maryland · Nov 30, 2021

Qualified immunity analysis requires courts to conduct a two-step inquiry, asking, in either order: “(1) whether a constitutional violation occurred; and (2) whether the right was clearly established at the time of … Kennedy, 349 F.3d 731, 745 (4th Cir. 2003) (finding that officers “violated clearly established law,” and thus were not entitled qualified immunity, where the officers “lifted [plaintiff] up by his arms while they were

Fox Fur Co. v. Fox Fur Co.

59 F. Supp. 12 · District Court, D. Maryland · Dec 29, 1944

The first of these chain stores was established in Washington under the name “Fox Fur Co., Inc.”. … Clearly, no immunity as respects the charge of unfair competition flows from the mere fact that defendant has been granted a cer *17 tificate of incorporation bearing its present name. See The Peck Brothers & Co. v.

Annappareddy v. Arnold

District Court, D. Maryland · Mar 16, 2023

All other actions are entitled only to qualified immunity. Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993). … by qualified immunity.”

University Gardens Apartments Joint Venture v. Johnson

419 F. Supp. 2d 733 · District Court, D. Maryland · Mar 9, 2006

On Count 2, Defendants assert that the County possesses governmental immunity, Mr. Johnson is entitled to statutory immunity, and Plaintiffs have failed to state a claim. … On Count 3, Defendants aver that they have not waived immunity and any alleged breach of contract is beyond the statute of limitations.