Case law

Maguire v. Municipality of Old Orchard Beach

783 F. Supp. 1475 · District Court, D. Maine · Feb 18, 1992

The Court concluded that: [T]o win summary judgment on the ground of qualified immunity, defendants must establish either that the law establishing the right allegedly violated was not clearly established, or that, in light … In this regard, the First Circuit has delineated certain “clearly established” constitutional rights in the context of qualified immunity. See, e.g., Amsden v.

Therrien v. Town of Jay

483 F. Supp. 2d 19 · District Court, D. Maine · Apr 6, 2007

Therrien admits he "was very, very wrong” not to stop and that he "was not thinking clearly” that night. DSMF ¶ 43; POSMF ¶ 43. 12 . … Plaintiff qualifies this statement to say that Mr. Baldridge was not in a position to see what was occurring. POSMF ¶ 120. Be this as it may, it remains implausible' that Mr.

Reynolds-Marshall v. Hallum

162 B.R. 51 · District Court, D. Maine · Dec 29, 1993

That rule provides that “[findings of fact ... shall not be set aside unless clearly erroneous.” B.R. 8013. This Court will review determinations of law de novo. A. … In Davenport , the Supreme Court indicated that the legislative history of the Bankruptcy Code “reflects Congress’ broad rather than restrictive view of the class of obligations that qualify as a ‘claim’ giving rise to a

Hazley v. Roy

378 F. Supp. 3d 751 · District Court, D. Maine · Mar 26, 2019

"Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his [or her] individual capacity that fails to state a claim for violation of 'clearly established statutory or … C Once the right has been defined at the appropriate level of specificity, the next inquiry is whether that right was clearly established. Defendants challenge this component of qualified immunity, as well.

Vitalone v. Curran

665 F. Supp. 964 · District Court, D. Maine · Jul 17, 1987

The court held that Anderson did not enjoy qualified immunity, because “the Creightons’ fourth amendment rights and the ‘exigent circumstances’ doctrine were ‘clearly established’ on [the date of the search].” … Thus, to win summary judgment on the ground of qualified immunity, defendants must establish either that the law establishing the right allegedly violated was not clearly established, or that, in light of the facts and circumstances

Parada v. Anoka Cnty.

332 F. Supp. 3d 1229 · District Court, D. Maine · Jul 30, 2018

Qualified Immunity "Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … established under the Fourth Amendment," arresting officers are entitled to qualified immunity.

Burbank v. Davis

227 F. Supp. 2d 176 · District Court, D. Maine · Oct 23, 2002

The second question is whether the right was clearly established at the time of the alleged violation. … Under the First Circuit’s three-part qualified immunity standard the “clearly established” element has two prongs: one, whether the right was clearly established at the time of the alleged violation and, two, whether a reasonable

Mitchell v. Miller

56 F. Supp. 3d 57 · District Court, D. Maine · Sep 26, 2014

prong (whether the right was clearly established). … established law for purposes of qualified immunity.

Grendell v. Gillway

974 F. Supp. 46 · District Court, D. Maine · Jul 11, 1997

immunity and, consequently, the question of whether this right was clearly established at the time Gillway acted. … qualified immunity.

Dellairo v. Garland

222 F. Supp. 2d 86 · District Court, D. Maine · Sep 4, 2002

Rennie, 264 F.3d 86, 113 (1st Cir.2001) (“Qualified immunity protects state actors ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In other words, it is possible that Garland violated Dellairo’s clearly established constitutional rights but is immune from suit because it was objectively reasonable for him to do so because the unlawfulness of his actions

Barber v. Guay

910 F. Supp. 790 · District Court, D. Maine · Nov 9, 1995

To overcome qualified immunity, a plaintiff must first allege a violation of a clearly established constitutional right. Id. … Second, if the right is clearly established, qualified immunity will only be denied if a reasonable official should have known that the challenged conduct violated that established right.

Marcello v. Maine

489 F. Supp. 2d 70 · District Court, D. Maine · Apr 6, 2007

The First Circuit’s three-step approach to qualified immunity claims asks: (I) whether the claimant has alleged the deprivation of an actual constitutional right; (2) whether the right was clearly established at the time … The second step of the qualified immunity analysis “deals with fair warning; it asks whether the law was clearly established at the time of the constitutional violation.”

McLain v. Milligan

847 F. Supp. 970 · District Court, D. Maine · Feb 15, 1994

The relevant inquiry for assessing whether Defendant is entitled to qualified immunity is “whether a reasonable officer could have believed” that Defendant’s actions were lawful “in light of clearly established law and the … This Court has delineated a two-step analysis for assessing a claim of qualified immunity: First, the court must consider the more general question of whether the law establishing the right allegedly violated was ‘clearly

Ferris v. County of Kennebec

44 F. Supp. 2d 62 · District Court, D. Maine · Mar 5, 1999

Failure to State a Claim and Qualified Immunity 1. … Qualified Immunity Sprowl’s contention that her, liability is precluded by qualified immunity is similarly unpersuasive.

Comfort v. Town of Pittsfield

924 F. Supp. 1219 · District Court, D. Maine · Apr 12, 1996

To overcome qualified immunity, a plaintiff must first allege the violation of a clearly established constitutional or statutory right. Id. … The qualified immunity inquiry begins, as always, with the alleged clearly established rights at issue. Here too the inquiry ends.

Manzer v. TOWN OF ANSON

771 F. Supp. 2d 121 · District Court, D. Maine · Mar 23, 2011

The Plaintiffs then argue that the second element of the qualified immunity test — whether their rights were clearly established — is met. Id. at 12-13. … The Barton Court, in its own qualified immunity analysis, held that in 2006 and 2007, it was clearly established that a campaign of harassment could support a First Amendment retaliation claim if the harassment would deter

McPherson v. Auger

842 F. Supp. 25 · District Court, D. Maine · Jan 6, 1994

Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (establishing the standard for assessing whether an officer is shielded from civil liability suits by qualified immunity). … Hence, Defendant Auger is protected by qualified immunity from Plaintiffs civil damages suit.

Cox v. Maine State Police

324 F. Supp. 2d 128 · District Court, D. Maine · May 27, 2004

The crux of the defendants’ objection is the third component of qualified immunity: whether an objectively reasonable officer would have understood that the arrest violated Cox’s clearly established constitutional right to … in the qualified immunity analysis.

Logiodice v. Trustees of Maine Central Institute

135 F. Supp. 2d 199 · District Court, D. Maine · Mar 5, 2001

to dismissal based on qualified immunity. … are entitled to qualified immunity.

McDermott v. Town of Windham

204 F. Supp. 2d 54 · District Court, D. Maine · May 31, 2002

Defendant Cox: Qualified Immunity The Supreme Court has held that government officials performing discretionary functions are generally shielded from civil damages so long as their conduct “does not violate clearly established … Under qualified immunity, “Public officials who stand accused of civil rights violations under section 1983 nonetheless can-avoid liability... by showing either that they did not violate a right clearly established under