Case law

Shain v. Ellison

53 F. Supp. 2d 564 · District Court, E.D. New York · Jun 1, 1999

so as to preclude the Sheriff who established the county jail policy from invoking the defense of qualified immunity, Weber, 804 F.2d at 803 . … Qualified Immunity Defendants seek to invoke the defense of qualified immunity on behalf of the Nassau County Sheriff.

Deskovic v. City of Peekskill

894 F. Supp. 2d 443 · District Court, S.D. New York · Sep 25, 2012

Doctrine of Qualified Immunity “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 … Qualified immunity shields a defendant from standing trial or facing other burdens of litigation, “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the

Soto v. Chardon

514 F. Supp. 339 · District Court, D. Puerto Rico · May 7, 1981

This principle will be borne in mind when the qualified immunity issues are considered. (Ill) Qualified Immunity from Damages A. … Liability The nature of the qualified immunity defense at common law and in § 1983 cases has been judicially established commencing with Scheuer v.

Dixon v. City of Somersworth, et al.

2015 DNH 190 · District Court, D. New Hampshire · Oct 5, 2015

Moreover, it is well established that qualified immunity, when properly invoked, “is an immunity from suit rather than a mere defense to liability.” Penn v. … to qualified immunity.

Lytle v. Brewer

77 F. Supp. 2d 730 · District Court, E.D. Virginia · Dec 22, 1999

Qualified immunity protects government officials performing discretionary functions from civil liability so long as their conduct does not violate a clearly established statutory or constitutional right of which a reasonable … Brewer argues that if the plaintiffs’ rights were violated, they were not clearly established, and therefore, he should be entitled to qualified immunity.

Truelove v. Hunt

67 F. Supp. 2d 569 · District Court, D. South Carolina · Sep 29, 1999

After this finding, the Court addressed the qualified immunity question of whether the right violated was clearly established at the time of the incident. … However, the precise contours of the right are not clearly established. See id.

Britt v. Anderson

21 F. Supp. 3d 966 · District Court, N.D. Illinois · Feb 28, 2014

Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional *970 rights of which a reasonable person would … Count I *974 is dismissed because Anderson did not violate any “clearly established” constitutional right under the Fourth Amendment and is thus entitled to qualified immunity.

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.

Jackson v. Government of the District of Columbia

District Court, District of Columbia · Sep 11, 2024

“Even if there is a genuine dispute about the reasonableness of an officer’s use of force, he is protected by qualified immunity unless his force violated clearly established law.” Hedgpeth v. … Officer Lombardini asserts that he is entitled to qualified immunity. Def.’s Mot. at 14–15. Jackson contends that the officer violated clearly established law and is not entitled to qualified immunity.

Quinones v. Howard

948 F. Supp. 251 · District Court, W.D. New York · Dec 11, 1996

It is well-established that issues involving the defense of qualified immunity should ordinarily be decided “at the earliest possible stage in litigation.” Anderson v. … Even when such rights are clearly established, qualified immunity also protects a government official if it is objectively reasonable for [the official] to believe that his acts did not violate those rights.” Russell v.

King v. City of Indianapolis

969 F. Supp. 2d 1085 · District Court, S.D. Indiana · Aug 29, 2013

Qualified Immunity “Governmental actors performing discretionary functions are entitled to qualified immunity from suits for damages insofar as their conduct does not violate clearly established statutory or constitutional … King’s right was not clearly established and Defendant Officers are granted qualified immunity on this claim. 2. Fourth Amendment Defendants contend that the seizure of Mr.

Wares v. VanBebber

231 F. Supp. 2d 1120 · District Court, D. Kansas · Nov 8, 2002

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory or constitutional … In examining the issue of qualified immunity, defendants argued that the proper inquiry was whether plaintiffs right to special feeding accommodations for Ramadan was clearly established at the time of the alleged violation

Whiting v. Kirk

768 F. Supp. 26 · District Court, D. Rhode Island · Jun 21, 1991

The prevailing standard for qualified immunity is that “[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … The first step, then, in deciding the qualified immunity issue is to establish the right that was violated.

Martin v. City of Albuquerque

147 F. Supp. 3d 1298 · District Court, D. New Mexico · Nov 17, 2015

Martin maintains that Padilla is not entitled to qualified immunity because his “right to be free from excessive force was clearly established.” … Clearly Established Rights, in the Qualifíed Immunity Analysis.

Grove School v. Guardianship & Advocacy Commission

642 F. Supp. 1043 · District Court, N.D. Illinois · Sep 2, 1986

All defendants are entitled to qualified good-faith immunity because they did not violate any “clearly established” constitutional rights. 2. … Qualified Immunity All defendants seek insulation from Section 1983 damage liability under the rule of qualified immunity enunciated in Harlow v.

Richardson v. Quitman County

912 F. Supp. 2d 1354 · District Court, M.D. Georgia · Dec 17, 2012

Accordingly, Plaintiffs have failed to establish that Mason violated clearly established law, and Mason is entitled to qualified immunity for conducting the stop. 14 ii. … establish law in this Circuit for purposes of evaluating qualified immunity.

Siehl v. City of Johnstown

365 F. Supp. 3d 587 · District Court, W.D. Pennsylvania · Feb 13, 2019

The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … immunity analysis-was there clearly established law-in light of their argument that there was no constitutional violation.

Silagyi v. Independent School District No 12

District Court, W.D. Oklahoma · Jun 30, 2023

The Court may consider both prongs of the qualified immunity analysis even though Defendants’ arguments focus on the “clearly established” prong. … Moreover, for purposes of the “clearly established” prong of qualified immunity (discussed below), the block quote Plaintiffs cite is insufficient to “create a clearly established weight of authority.” Sandberg v.

Rogers v. Cofield

908 F. Supp. 2d 277 · District Court, D. Massachusetts · Dec 12, 2012

MEMORANDUM AND ORDER RE: QUALIFIED IMMUNITY MARIANNE B. BOWLER, United States Magistrate Judge. … was clearly established at the time of the defendant’s alleged violation.”

Papin v. Univ. of Miss. Med. Ctr.

347 F. Supp. 3d 274 · District Court, S.D. Mississippi · Sep 28, 2018

Government officials invoke qualified immunity to shield themselves "from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … right was clearly established at the time of the defendant's alleged misconduct." 12 "For a right to be clearly established under the second step of the qualified immunity analysis, the contours of that right must be sufficiently