Case law

Taylor v. City of New York

269 F. Supp. 2d 68 · District Court, E.D. New York · Jun 23, 2003

To overcome the qualified immunity defense, a plaintiff must first “allege a violation of a clearly-established constitutional or statutory right. … Since plaintiff has plainly alleged a violation of a clearly established constitutional right, Curry v.

Kubany v. School Board of Pinellas County

839 F. Supp. 1544 · District Court, M.D. Florida · Nov 20, 1993

QUALIFIED IMMUNITY. … Unless the state of the law was so well established that a reasonable official should have been on notice that his or her chai-' lenged conduct was unlawful, that official is entitled to qualified immunity. -.Id.

TULLIS v. KNIGHT

District Court, S.D. Indiana · Feb 9, 2023

Additionally, even if a reasonable jury could find an Eighth Amendment violation, the Defendants are entitled to summary judgment on qualified immunity grounds because Tullis has not shown a clearly established right to … Pauly. 137 S.Ct. 548, 551 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Ricciuti v. New York City Transit Authority

796 F. Supp. 84 · District Court, S.D. New York · Jun 4, 1992

have been thought consistent with the rights they are alleged to have violated” in light of clearly established law____ [T]he dismissal of a claim against an officer asserting qualified immunity in no way logically entails … They can do so by establishing a good faith, qualified immunity defense. This good faith defense is not available to the municipality.

Falto de Roman v. Municipal Government of Mayaguez

267 F. Supp. 3d 357 · District Court, D. Puerto Rico · Aug 3, 2016

The qualified immunity doctrine “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … which bear on the issue of qualified immunity”).

Townsel v. Jamerson

240 F. Supp. 3d 894 · District Court, N.D. Illinois · Mar 6, 2017

Qualified Immunity Finally, Defendants urge the Court to dismiss Plaintiffs claims based on *905 the doctrine of qualified immunity. (Dkt. 23 at 9-11.) … Qualified immunity protects public officials from liability, trial, and interference with their duties when their conduct does not violate clearly established constitutional rights. Purtell v.

Anela v. City of Wildwood

595 F. Supp. 511 · District Court, D. New Jersey · Sep 7, 1984

The defendant next argues that immunity law developed in the § 1983 context entitles him to a qualified immunity. This argument, the court believes, has some merit. … It is difficult to say that this constitutional right was clearly established at the time of the events in question.

Bosley v. Lemmon

656 F. Supp. 2d 582 · District Court, N.D. West Virginia · Aug 31, 2009

Federal Qualified Immunity Standard Qualified immunity shields government officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … so, whether that constitu *592 tional right is clearly established.

Cudd v. Aldrich

982 F. Supp. 463 · District Court, S.D. Texas · Nov 7, 1997

The next inquiry for qualified immunity purposes is whether Cudd’s First Amendment right to be free from political patronage dismissal was clearly established at the time of the alleged violation. … Second, and more importantly, the inquiry into qualified immunity is an objective one: the Court must determine what a reasonable public official would have understood as clearly established law.

Doores v. McNamara

476 F. Supp. 987 · District Court, W.D. Missouri · Sep 21, 1979

Rhodes, 416 U.S. 232, 247 , 94 S.Ct. 1683, 1692 , 40 L.Ed.2d 90, 103 (1974) established the standard when a defendant is entitled to this qualified immunity: [A] qualified immunity is available to officers of the executive … However, the mere fact that the defendant must establish that he is entitled to this qualified immunity does not mean that he is not entitled to a directed verdict. In Dellums v.

Pleasants v. Town of Louisa

847 F. Supp. 2d 864 · District Court, W.D. Virginia · Mar 12, 2012

I commence my inquiry into Rigs-by’s entitlement to qualified immunity by determining whether Ms. Pleasants claims the violation of a right that was clearly established under the circumstances. … Creighton, 483 U.S. 635, 643 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), an outcome often created by the "clearly established” component of the qualified immunity inquiry, see Lisa R. Eskow & Kevin W.

Lockard v. CITY OF LAWRENCEBURG, IND.

815 F. Supp. 2d 1034 · District Court, S.D. Indiana · Sep 6, 2011

In the end, the Seventh Circuit did not reach the clearly established prong for purposes of determining qualified immunity. Id. at 377 . Moreover, at the time of Mr. … Nonetheless, the district court granted summary judgment in favor of defendant, relying on the “clearly established” qualified immunity prong. Id.

Elbrader v. Blevins

757 F. Supp. 1174 · District Court, D. Kansas · Jan 17, 1991

Examining the record in a light favorable to plaintiff, we cannot hold that defendants are entitled to qualified immunity. There is a clearly established right against retaliation for constitutionally protected speech. … The unlawful intent inherent in such a retaliatory action places it beyond the scope of a police officer’s qualified immunity if the right retaliated against was clearly established. See Coen v.

Fox v. Government of the District of Columbia

924 F. Supp. 2d 264 · District Court, District of Columbia · Feb 20, 2013

Fox’s clearly established Fourth Amendment rights. … “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 of which a reasonable

Doe v. Marsh

918 F. Supp. 580 · District Court, N.D. New York · Mar 19, 1996

Finally, the court notes that qualified immunity protection turns on the “ ‘objective legal reasonableness’ ” of the allegedly unlawful official action “assessed in light of the legal rules that were ‘clearly established’ … Accordingly, in this case the court cannot grant the defendants’ motion for summary judgment on the basis of qualified immunity predicated upon the lack of a clearly established constitutionally protected right.

Moreta-Ramirez v. Lemert

233 F. Supp. 2d 286 · District Court, D. Puerto Rico · Nov 26, 2002

Interpreting Harlow , the First Circuit has established a three-part inquiry to determine whether or not the doctrine of qualified immunity applies in a given situation. … as to strip the defendant of his or her qualified immunity.

McDonald v. Kempthorne

831 F. Supp. 2d 313 · District Court, District of Columbia · Dec 23, 2011

“The doctrine of qualified immunity protects government officials ‘from [personal] liability for civil damages insofar as  - 21 - their conduct does not violate clearly established statutory … and whether that right was clearly established.

Maxwell v. Henry

815 F. Supp. 213 · District Court, S.D. Texas · Jan 19, 1993

Nuchia has filed a motion to dismiss based on qualified immunity. … In cases where a Defendant asserts qualified immunity as a defense, plaintiffs are held to a higher standard and must plead with particularity all facts establishing a right to recovery, including those which negate the qualified

Lewis v. City of Mount Vernon, Mount Vernon Police Dept.

984 F. Supp. 748 · District Court, S.D. New York · Nov 13, 1997

QUALIFIED IMMUNITY Qualified immunity entitles police officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person would have known … The requirement of a clearly established right means that the inquiry to ascertain whether qualified immunity is available differs from the inquiry into whether the Fourth Amendment may have been violated.

Duhani v. Town of Grafton

52 F. Supp. 3d 176 · District Court, D. Massachusetts · Sep 26, 2014

The qualified immunity analysis requires a court to decide ‘(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was “clearly established … Since Duhani has failed to establish a violation of his constitutional right, Mclnerney is entitled to qualified immunity.