Case law

Harrington v. Almy

148 F.R.D. 11 · District Court, D. Maine · Apr 1, 1993

clearly established are essentially coincident. … It was clearly established as of 1989 that an unreasonable intrusion by the state upon the bodily integrity of an individual would be a violation of substantive due process rights.

Halasz v. University of New England

816 F. Supp. 37 · District Court, D. Maine · Mar 5, 1993

In most cases, we believe that, as in the qualified immunity context, the issue of whether the facts alleged by a university support its claim that it has met its duty, of reasonable accommodation will be a purely legal one … Section 504 does not require colleges to establish programs like the FYO to facilitate admission to college of those who with other reasonable accommodation for their handicaps have not shown themselves to be qualified for

Knowlton v. Shaw

708 F. Supp. 2d 69 · District Court, D. Maine · Apr 27, 2010

There is a “presumption ... that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties.” Id. at 486-87 , 111 S.Ct. 1934 . … Jun. 23, 1995); Hahn, 523 F.2d at 469 (stating that “[h]aving established no ‘class-based, invidiously discriminatory animus’, appellant can proceed no farther under the second part of § 1985(2)”).

Marcello v. Maine

464 F. Supp. 2d 38 · District Court, D. Maine · Dec 13, 2006

The burden falls on the plaintiff “clearly to allege facts demonstrating that he is a proper party to invoke federal jurisdiction.” Dubois v. … As the Supreme Court has explained, “[f]ew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction, as this Court

FRENCH v. MERRILL

District Court, D. Maine · Jun 4, 2020

Defendants also contend that qualified immunity applies because a reasonable police officer would not have known that their conduct violated clearly established constitutional law. … establishes’ law for the purposes of a qualified immunity analysis”).

Carey Ex Rel. Carey v. Maine School Administrative District 17

754 F. Supp. 906 · District Court, D. Maine · Dec 18, 1990

Congress clearly intended, when it enacted this section of the EAHCA, to establish a strong preference, if not an absolute mandate, for the maintenance of the status quo until a final decision is reached regarding the child … The question is thereby raised whether all of section 8111(1), or just section 8111(1)(E), is qualified by the following phrase contained in section 8111(1)(H): "... provided that such immunity shall not exist in any case

Sullivan v. Republic of Cuba

289 F. Supp. 3d 231 · District Court, D. Maine · Oct 2, 2017

LEGAL BACKGROUND The Foreign Sovereign Immunities Act (FSIA), which declares that "a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided" by certain … First, a district court errs when it relies on a clearly erroneous factual finding. For example, in Vera v.

GRIFFIN v. UNIVERSITY OF MAINE SYSTEM

District Court, D. Maine · Aug 16, 2023

As to the Defendants’ qualified immunity defense, the Court may also decide the merits of Griffin’s constitutional claim prior to reaching the “clearly established” prong of the qualified immunity analysis. … established right, Cummings is entitled to qualified immunity.

Lynch v. Christie

797 F. Supp. 2d 144 · District Court, D. Maine · Jul 12, 2011

Alternatively, in Morse Brothers, the Maine Law Court said that the trial court’s legal conclusion “must be supported by pleadings and evidence that demonstrate clearly that [the petitioning activity] was ‘devoid of any reasonable … (Compare the defense of qualified immunity in federal court, which can be advanced by motion and if unsuccessful can still be advanced at jury trial.)

BAKER v. GOODMAN

District Court, D. Maine · Feb 25, 2022

Thus, “if it was clearly established on April 12, 2014 that an officer violates clearly established law in shooting a suspect 69 feet away with a gun to his side, it was likewise clearly established on April 18, 2017 that … Step Two: Clearly Established Law Under the second prong of the qualified immunity analysis, the Court must analyze the legal landscape at the time of the constitutional violation and determine

Sandy River Nursing Care Center v. National Council on Compensation Insurance

798 F. Supp. 810 · District Court, D. Maine · Jun 18, 1992

According to the Court: It is the state which has created the machinery for establishing the prorate program. … Under Noerr, the political activity of the Defendants in seeking the influence the passage of the 1987 Act is clearly protected.

Estate of Hampton v. Androscoggin County

245 F. Supp. 2d 150 · District Court, D. Maine · Jan 9, 2003

Willigar was able to hear clearly what was going on because the two parties were yelling through the cell blocks. … Town of Pittsfield, 924 F.Supp. 1219, 1236 (D.Me.1996) (discretionary immunity is afforded police officers “except to the extent they act in a manner so egregious as to clearly exceed, as a matter of law, the scope of any

FOX v. MAKIN

District Court, D. Maine · Aug 16, 2023

of the conduct was clearly established at the time.” … For these reasons, they are entitled to qualified immunity.

BROWN v. CUMBERLAND COUNTY

District Court, D. Maine · Aug 18, 2021

Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … They may still be entitled to qualified immunity if the facts show that their conduct did not violate clearly established law. Mills v.

CANTRELL

District Court, D. Maine · Jun 5, 2026

When qualified immunity is invoked, however, the Court asks whether the plaintiff’s clearly established right was violated under “the specific context of the case, not as a broad general proposition.” … The Court now turns to Defendants’ qualified immunity argument: whether qualified immunity shields Defendants because the right at issue was not “clearly established” at the time of the alleged violation

FLOYD

District Court, D. Maine · Jun 9, 2026

Floyd has not established a Fourth Amendment violation by either Defendant, Deputies Littlefield and Porter are entitled to qualified immunity on this section 1983 claim. … See Topp, 994 F.3d at 46 (finding qualified immunity where officers “violated no clearly established federal or state standards in arresting [defendant]”).

Grenier Ex Rel. Grenier v. Kennebec County

748 F. Supp. 908 · District Court, D. Maine · Sep 28, 1990

Grenier allegedly received no counselling, or medical or psychological screening from qualified staff. Finally, Grenier alleges that he *911 was deprived of outdoor exercise for his term at the Jail. … In sum, the Thiboutot decision would have established a precedent of no practical importance.

Okot Ex Rel. Carlo v. Conicelli

180 F. Supp. 2d 238 · District Court, D. Maine · Jan 18, 2002

The Court denied summary judgment with respect to Defendant Conieelli’s defense of qualified immunity. See id. … Particularly in light of the fact that Plaintiffs dedicated most of their opposition to Defendants’ summary judgment motion to one issue of qualified immunity, the Court believes that twenty-five hours constitutes a reasonable

FAGRE v. PARKS

District Court, D. Maine · Mar 5, 2020

“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 … As is often the case in the qualified immunity context, how a court defines the “right” at issue goes a long way toward deciding whether it was “clearly established” at the time of the alleged violation.

Coffin v. Orkin Exterminating Co., Inc.

20 F. Supp. 2d 107 · District Court, D. Maine · Jul 21, 1998

See id. at 589 , 113 S.Ct. 2786 . 2 [I]n order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method. … Brown, 852 F.Supp. 690, 700 (N.D.Ind.1994), aff'd, 42 F.3d 434 (7th Cir.1994) (“plaintiffs own evidence clearly established] that the ‘science’ of MCS’s etiology has not progressed from the plausible, that is, the hypothetical