Case law

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  • Pevia v. Bishop

    District Court, D. Maryland · Sep 4, 2019

    But, an official is not entitled to qualified immunity if he deprived an individual of a constitutional right and that right was clearly established at the time of the violation. … To overcome a claim of qualified immunity from a § 1983 claim, there must be a showing that (1) the government official violated a federally protected right of the plaintiff; and (2) that right was clearly established at

    Cited 0 timesUnknown
  • Corrigan

    District Court, D. Maryland · Jan 9, 2026

    Forst, 4 F.3d 244, 250 (4th Cir. 1993), “[t]his principle only applies . . . if all facts necessary to the affirmative defense ‘clearly appear[ ] on the face of the complaint.’” … Even assuming that the BPD qualifies as a State agency, Corrigan argues that he may litigate his MFEPA claims against the BPD because the State has waived State sovereign immunity. See ECF 16-1 at 6–7.

    Cited 0 timesUnknown
  • Ashton Ex Rel. Ashton v. Okosun

    266 F. Supp. 2d 399 · District Court, D. Maryland · May 28, 2003

    Williams, 196 Miss. 409, 416 , 17 So.2d 604 (1944)(“Minority does not per se bestow immunity. There must be a legislative saving in their favor.”). … As there is no diversity of citizenship in this case, jurisdiction for this Court to hear the state law claims is clearly based upon supplemental jurisdiction. See 28 U.S.C. 1867(c).

    Cited 4 timesPublished
  • M.A.B. v. Bd. of Educ. of Talbot Cnty.

    286 F. Supp. 3d 704 · District Court, D. Maryland · Mar 12, 2018

    Because § 5-518(c) waives a county board of education's Eleventh Amendment immunity from discrimination claims under federal law and the constitution, the Court concludes that such immunity does not apply to M.A.B.' … Thus, Price Waterhouse establishes that Title VII's prohibition on discrimination because of sex includes-more broadly-gender stereotyping.

    Cited 15 timesPublished
  • Associated Utility Contractors of Maryland, Inc. v. Mayor of Baltimore

    83 F. Supp. 2d 613 · District Court, D. Maryland · Feb 16, 2000

    The numerical goals must be waivable if qualified minority applications are scarce, and such goals must bear a reasonable relation to minority percentages in the relevant qualified labor pool, not in the population as a whole … It clearly could not have produced data upon which the City actually relied in establishing the set-aside goals for 1999.

    Cited 4 timesPublished
  • Lambert v. Washington Suburban Sanitary Commission

    93 F. Supp. 2d 639 · District Court, D. Maryland · Apr 21, 2000

    Summary judgment should be granted when a party “fails to make a showing sufficient to establish the existence of a showing' sufficient to establish the existence of an essential element to that party’s case, on which the … While, as a state agency, WSSC may even be immune from suit under this provision, the court need not reach that issue because Plaintiff failed to comply with the explicit administrative requirements of the statute.

    Cited 4 timesPublished
  • Canter v. The State Of Maryland

    District Court, D. Maryland · Sep 6, 2023

    Forst, 4 F.3d 244, 250 (4th Cir. 1993), “[t]his principle only applies … if all facts necessary to the affirmative defense ‘clearly appear[ ] on the face of the complaint.’” … Servs., 926 F.3d 97, 100 (4th Cir. 2019), the Court said: “The Supreme Court ‘has drawn on principles of sovereign immunity to construe the Amendment to establish that an unconsenting State is immune from suits brought

    Cited 0 timesUnknown
  • Matson Nav. Co. v. Seafarers International Union of North America

    100 F. Supp. 730 · District Court, D. Maryland · Sep 29, 1951

    Clearly, this exists in the present case. … We believe that the authorities clearly support our conclusion. In Lauf v. E. G.

    Cited 3 timesPublished
  • Blue

    District Court, D. Maryland · Mar 30, 2026

    Furthermore, because Plaintiffs do not plead a cognizable constitutional violation, the individual defendant police officers are entitled to qualified immunity from Plaintiffs’ claims. See Anderson v. … their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”).

    Cited 0 timesUnknown
  • Chang

    District Court, D. Maryland · Jun 18, 2026

    § 1983; and 7) Defendants are entitled to qualified immunity. ECF No. 16-1. Mr. Chang responds that he did exhaust his administrative remedies and generally opposes Defendants’ motions. ECF No. 18 at 1. … Eleventh Amendment Immunity Mr.

    Cited 0 timesUnknown
  • Wenzlaff v. NationsBank

    940 F. Supp. 889 · District Court, D. Maryland · Oct 18, 1996

    (“The statute itself [ADA], however, clearly indicates that pregnancy was not to be considered an impairment by the Act.”); Tsetseranos v. … The Court held that reproduction is a “major life activity,” such that an impairment substantially limiting it would qualify as a disability.

    Cited 17 timesPublished
  • Frank v. England

    313 F. Supp. 2d 532 · District Court, D. Maryland · Apr 7, 2004

    As such, the Court finds that the evidence clearly demonstrates that Plaintiff did not pursue administrative remedies against the Navy. … Prima Facie Case In order to establish a prima facie case of discrimination, Plaintiff must demonstrate that: (1) he is a member of a protected class; (2) he was qualified for his job and his job performance was satisfactory

    Cited 5 timesPublished
  • In Re Grand Jury Subpoenas Duces Tecum, August 1986

    658 F. Supp. 474 · District Court, D. Maryland · Mar 20, 1987

    Despite subsequent conversations with the government’s attorneys, Doe’s attorney was unable to reach an agreement with them regarding the requested proffer of immunity. … In the case at bar, if Richard Doe were to produce the records of B Corporation and A Corporation, he would clearly link himself to the corporations.

    Cited 7 timesPublished
  • Johnson v. Runyon

    928 F. Supp. 575 · District Court, D. Maryland · May 31, 1996

    Johnson clearly has satisfied the first two elements. The dispute here, however, centers around causation, the third element of the prima facie case. … Johnson does not allege that she was better qualified than Knott.

    Cited 8 timesPublished
  • Batts v. Lee

    949 F. Supp. 1229 · District Court, D. Maryland · Nov 22, 1996

    claim, plaintiff must establish that officials acted with deliberate indifference); Huang v. … Defendants are entitled to qualified immunity. (Paper No. 10 at 4-12). . See Roseboro v.

    Cited 4 timesPublished
  • Sanderson Farms, Inc. v. Tyson Foods, Inc.

    549 F. Supp. 2d 708 · District Court, D. Maryland · Apr 15, 2008

    In addition, consumers appear deceived with regard to the “qualified” claim, and Professor Mazis concludes that many consumers appear to separate the “qualified” claim into two concepts: (1) Tyson’s chicken has no antibiotics … Plaintiffs’ Amended Complaint clearly states a claim upon which relief can be granted with respect to the unqualified claim “Raised Without Antibiotics.”

    Cited 5 timesPublished
  • Dillon v. Maryland-National Capital Park & Planning Commission

    382 F. Supp. 2d 777 · District Court, D. Maryland · Aug 18, 2005

    In other words, if there clearly exist factual issues “that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party,” then summary judgment is inappropriate. … Here, it remains disputed whether Plaintiff qualified for leave under the FMLA.

    Cited 5 timesPublished
  • Equal Employment Opportunity Commission v. Greater Baltimore Medical Center, Inc.

    769 F. Supp. 2d 843 · District Court, D. Maryland · Jan 21, 2011

    Because the EEOC cannot establish that Mr. … If the EEOC had been able to establish that Mr. Turner was a qualified individual, this Court would have addressed issues including whether Mr.

    Cited 1 timesPublished
  • Logan v. United States

    851 F. Supp. 704 · District Court, D. Maryland · May 9, 1994

    Congress enacted this statutory scheme to immunize federal employees from liability for tortious acts caused by them while acting in the scope of their employment. See U.S. v. … Clearly more than two years have passed since December 12, 1990, when Plaintiff was injured.

    Cited 3 timesPublished
  • United States v. Lisbon

    276 F. Supp. 3d 456 · District Court, D. Maryland · Jul 18, 2017

    . § 1962 (d), did not subject him to treatment as a career offender under the guidelines, despite his otherwise apparently qualifying criminal history. … The government' does not allege that the offense in this case qualifies as a "crime of violence.” .

    Cited 0 timesPublished

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