Case law

Doe v. DeWees

District Court, D. Maryland · Mar 23, 2020

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 … that the relevant Defendants are entitled to qualified immunity.

Perkins

District Court, D. Maryland · Jul 31, 2026

In considering this question, the Maryland courts have identified a two-part test: “(1) whether the entity asserting immunity qualifies for the protection; and, if so, (2) whether the legislature has waived immunity either … She alleges no facts to support that she qualified for an FMLA benefit and merely asserts in conclusory fashion that Defendant interfered with the provision of an FMLA benefit. See id.

McPherson v. Baltimore Police Department

District Court, D. Maryland · Oct 14, 2020

Qualified Immunity According to the analysis above, Patton and Barlow are not entitled to qualified immunity, which is overcome where a plaintiff has pled facts showing “(1 … The relevant legal protections were, in fact, clearly established as of the time of Plaintiffs’ arrests.

Francis v. University of Baltimore

District Court, D. Maryland · Jul 16, 2025

Court of Appeals for the Fourth Circuit “has stated that to establish a violation of the ADA, a plaintiff must show (1) that he has a disability; (2) that he is otherwise qualified for the benefit in question; and (3) … Rodriguez, 118 A.3d 829, 845 (Md. 2015) (explaining the MTCA “clearly establish[es] that a party can bring a viable tort action against the State when the tort was committed by a State employee acting within the scope

MediGrow LLC v. Natalie M LaPrade Maryland Medical Cannabis Commission

District Court, D. Maryland · Sep 16, 2020

Defendants assert a facial challenge to this Court’s subject matter jurisdiction, arguing that the allegations of the complaint establish their immunity to suit under the Eleventh Amendment to the United States Constitution … Aug. 23, 2011) (rejecting amendment as futile because qualified immunity shielded defendants).

Stedman

District Court, D. Maryland · Jun 8, 2026

Taylor opposes the motion, arguing sovereign immunity, futility, and statutory immunity. ECF 33. Plaintiff has filed a reply. ECF 34. … to the Fourth Circuit’s well-established “policy to liberally allow amendment in keeping with the spirit of Federal Rule of Civil Procedure 15(a),” Galustian, 591 F.3d at 729; see also Coral v.

United States v. Willock

696 F. Supp. 2d 536 · District Court, D. Maryland · Mar 23, 2010

Laboratories are afforded latitude in establishing how this should be accomplished. … Ensor is qualified to provide opinion testimony in this case. II.

United States v. Holland

59 F. Supp. 2d 492 · District Court, D. Maryland · Aug 31, 1998

Like North, Harris addressed the use of immunized testimony. 19 . … Although Hill accurately reports the contents of the PSR, trial testimony clearly established that the drug distribution conspiracy involved more than five participants. 51 .

Mallon v. Frostburg State University

District Court, D. Maryland · Sep 15, 2021

FSU’s immunization policy “requires all students to be immunized or show proof of immunity for measles, mumps, rubella, diphtheria, and tetanus, and have documentation of such immunity on file with the Brady Health Center … Everyone involved had a duty of care to know the rules for which they were enforcing but clearly didn’t. They acted arbitrarily and capriciously.” (Id. at 7-8).

Tradeways, Ltd v. The United States Department of the Treasury

District Court, D. Maryland · Jun 24, 2020

To qualify for a preliminary injunction, the plaintiff “must establish that he is likely to succeed on the merits.” Winter, 555 U.S. at 20. … But, the APA’s waiver of sovereign immunity is qualified. Section 702 also provides, id.: “Nothing herein . . .

Mills v. Farris

District Court, D. Maryland · Sep 7, 2023

Defendants also assert defenses of absolute quasi-judicial and prosecutorial immunity and qualified immunity from claims asserted against them in their personal capacity. I. … Eleventh Amendment Immunity Mills’s claims against Defendants in their official capacities are barred by Eleventh Amendment immunity.

National Railroad Passenger Corp. v. Railway Express, LLC

268 F.R.D. 211 · District Court, D. Maryland · Feb 24, 2010

The Amtrak Employees May Qualify as Experts. A threshold question is whether the railroad employees can qualify as experts. … This is clearly expert testimony, though based certainly in part on knowledge gained in the ordinary course of employment. However, it is not based entirely so.

Monumental Motor Tours, Inc. v. United States

110 F. Supp. 929 · District Court, D. Maryland · Mar 9, 1953

again filed a petition for reconsideration and for further hearing on several grounds-, raising for the first time the contention that the whole proceeding was invalid because the examiner who conducted the hearing was not qualified … Clearly it would be improper for this court to reverse the Commission’s order and delay the installation of a useful' public service by remanding the case for further proceedings on the ground that the Commission had abused

Font v. Laird

318 F. Supp. 891 · District Court, D. Maryland · Jul 24, 1970

During his four years at the Academy, petitioner received numerous honors and qualified to attend the John F. … The regulations themselves clearly provide that he is not.

Associated Builders & Contractors, Inc. v. O'Connor

75 F. Supp. 2d 440 · District Court, D. Maryland · Sep 28, 1999

Established procedures for seeking judicial review of allegedly improper administrative action exist. … At this time, the only clearly established fact in this case is that MATC voted 4-2 to deny the applications of Reliance and Fireguard.

Bridgeford v. P.R.I.S.M. Inc

District Court, D. Maryland · Apr 6, 2022

Thus, each dismissal of a complaint in its entirety as frivolous or malicious or for failure to state a claim qualifies as a “strike” under § 1915(g). See id. … Bridgeford’s complaint for failure to state a claim qualifies as a strike under § 1915(g). See id.; Blakely, 738 F.3d at 609; 28 U.S.C. § 1915(g). Mr.

Ennals

District Court, D. Maryland · Jun 30, 2026

only by qualified immunity.” … And well-established amongst ‘advocative functions is a prosecutor’s “decision as to whether [ ] evidence was exculpatory.” Carter v.

Tyner v. The State of Maryland

District Court, D. Maryland · Aug 21, 2024

The plaintiff, as the party asserting jurisdiction, bears the burden of establishing it. Robb Evans, 609 F.3d at 362. … All told, none of Tyner’s claims qualifies for an exception. Sovereign immunity bars Tyner’s claims against all five defendants.

E.E.O.C. v. Citizens Bank & Trust Co.

117 F.R.D. 366 · District Court, D. Maryland · Jan 22, 1987

In this case, though, there is every reason for the balancing test associated with the qualified privilege at issue to come out in favor of discovery and against privilege. *367 As to the “informer’s privilege,” the obvious … The Court will not, however, require production of the documents listed on Appendix B to paper no. 22, for to do so would clearly disclose the identity of informers without any clear need to do so at this time.

United States v. Articles of Drug Labeled in Part "Quick-O-Ver"

274 F. Supp. 443 · District Court, D. Maryland · Oct 20, 1967

The government argues and the court finds that that malady is a hangover, as clearly appears- from the display cards. … These references establish that each of the ingredients of appellants’ composition have been used, to treat alcoholism or the symptoms of excess alcohol intake. In fact, several of the references, e. g., U. S.