Case law

Martinez-Baez v. Rey-Hernandez

394 F. Supp. 2d 428 · District Court, D. Puerto Rico · Jun 14, 2005

Healthy , qualified immunity, and Eleventh Amendment immunity. We discuss each. i. Mt. … The procedures regarding qualified immunity allow for judicial review, via certiorari, on the qualified immunity issue. Id. at 207, 121 S.Ct. 2151 .

International Islamic Community of Masjid Baytulkhaliq, Inc. v. United States

981 F. Supp. 352 · District Court, Virgin Islands · Aug 29, 1997

Qualified immunity exists where the federal agents' conduct "does not violate clearly established statutory or constitutional rights of *306 which a reasonable person would have known." Harlow v. … Generally, 'good faith' or qualified immunity attaches in a suit for civil damages when the conduct of the government employee performing a discretionary function "does not violate clearly established statutory or constitutional

Thomas v. Arnold

696 F. Supp. 2d 882 · District Court, N.D. Ohio · Mar 18, 2010

Defendants argue they are entitled to qualified immunity. … Crooks Johnson held that an officer’s statement that he observed the plaintiffs car cross the center line was sufficient to establish probable cause and qualified immunity.

Grossman v. United States

District Court, S.D. New York · Feb 19, 2025

While Defendant Rezak raises a qualified immunity defense in his support brief, courts in this Circuit have long held that qualified immunity “turns on factual questions that cannot be resolved at [the motion to dismiss … Supp. 2d 659, 666 (S.D.N.Y. 2004) (“[r]esolution of qualified immunity depends on the determination of certain factual questions that cannot be answered at this stage of the litigation.” Denton v.

Swofford v. Eslinger

671 F. Supp. 2d 1289 · District Court, M.D. Florida · Nov 30, 2009

Swofford’s rights were not clearly established at the time of the alleged violation. … Swofford’s rights were clearly established. 471 U.S. 1 , 105 S.Ct. 1694 (1985). Mr.

Concepcion v. MUNICIPALITY OF GURADBO

558 F. Supp. 2d 149 · District Court, D. Puerto Rico · May 11, 2007

Plaintiffs opposed this request stating that the Complaint survives a qualified immunity attack because it charges Defendants with violations of Plaintiffs’ clearly established constitutional rights, of which co-defendants … Furthermore, as to the other prongs of the qualified immunity test, the right to be free from any sort of political discrimination is a clearly established constitutional right which a reasonable government employee is aware

Levy v. City of New York

935 F. Supp. 2d 575 · District Court, E.D. New York · Mar 29, 2013

Qualified Immunity 1. Applicable Law Defendants claim they are entitled to qualified immunity as to Plaintiffs false arrest and malicious prosecution claims. … Sergeant Reed is Entitled to Qualified Immunity The Court concludes Sgt.

Fraser v. Massachusetts Bay Transportation Authority

District Court, D. Massachusetts · Jun 16, 2021

Qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Under that standard, they are clearly protected by qualified immunity.

Williams v. City of Luling

802 F. Supp. 1518 · District Court, W.D. Texas · Sep 8, 1992

A police officer is entitled to qualified immunity if his or her conduct “does not violate clearly established statutory or constitutional rights of which a reasonable [police officer] would have known.” Harlow v. … for summary judgment raising the issue of qualified immunity.

Rasul v. Rumsfeld

414 F. Supp. 2d 26 · District Court, District of Columbia · Feb 6, 2006

Qualified immunity “shield[s officials] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Any Constitutional Right was Not Clearly Established Assuming arguendo that the D.C.

Sutton v. Tompkins County

617 F. Supp. 2d 84 · District Court, N.D. New York · Sep 25, 2007

Under federal law, “[t]he defense of qualified immunity shields governmental officials from civil liability if the official’s conduct did not *98 violate constitutional rights that were clearly established at the pertinent … When qualified immunity is asserted in a motion for summary judgment, of course, the facts material to the claim of qualified immunity must not be genuinely disputed. See Cecere, 967 F.2d at 829 .

MONTEILH v. County of Los Angeles

820 F. Supp. 2d 1081 · District Court, C.D. California · Jul 12, 2011

Qualified Immunity Qualified immunity shields public officials sued in their individual capacity for monetary damages, unless their conduct violates “clearly established” law that a reasonable public officer would have known … “whether the right was clearly established.”

Amnesty International, USA v. Battle

484 F. Supp. 2d 1279 · District Court, S.D. Florida · Apr 24, 2007

Under the doctrine of qualified immunity, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates “clearly established … The purported right Amnesty seeks to invoke in order to pierce Defendants’ qualified immunity here is not as clearly established as the rights invoked by the arrested protestors in Jones .

Lovell v. Comsewogue School District

214 F. Supp. 2d 319 · District Court, E.D. New York · Aug 15, 2002

Qualified Immunity In two sentences, the defendants argue that Defendant Rella’s conduct is shielded by qualified immunity. … The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would

Pullin v. City of Canton

133 F. Supp. 2d 1045 · District Court, N.D. Ohio · Mar 9, 2001

Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (holding that qualified immunity shields state actors only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … seizures is, as a general matter, clearly established.

Norfleet v. ARK. DEPT. OF HUMAN SERVICES

796 F. Supp. 1194 · District Court, E.D. Arkansas · Jun 1, 1992

Qualified immunity from liability for civil damages exists where the defendants' actions do not violate "clearly established constitutional rights of which a reasonable person would have known." … The Court, however, does not need to decide this question because it finds that the law in this area is not clearly established and the defendants are entitled to qualified immunity.

Davis v. Billington

775 F. Supp. 2d 23 · District Court, District of Columbia · Mar 30, 2011

Qualified Immunity As noted previously in this Memorandum Opinion, the doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established … Therefore, because the plaintiff alleges in his Complaint the violation of a clearly established constitutional right, defendant Mulhollan’s motion to dismiss on qualified immunity grounds must be denied. 2.

Perez v. Duran

962 F. Supp. 2d 533 · District Court, S.D. New York · Jul 3, 2013

However, to find a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond debate.” … If a right is clearly established, an officer will still be entitled to qualified immunity if the officer’s “actions were not objectively unreasonable at the time they were taken.” Lee v.

Ross v. State of Ala.

893 F. Supp. 1545 · District Court, M.D. Alabama · Jul 7, 1995

Under the qualified immunity defense, the defendants are immune from liability if [the plaintiff’s] complaint fails to state a violation of a "clearly established statutory or constitutional right[] of which a reasonable … The purpose of qualified immunity is to shield government officials performing discretionary functions from civil trials and liability if their conduct does not violate " 'clearly established statutory or constitutional rights

Kastritis v. City of Daytona Beach Shores

835 F. Supp. 2d 1200 · District Court, M.D. Florida · May 18, 2011

Qualified immunity applies so long as the officer’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Grider v. … The officer is entitled to qualified immunity if the plaintiff fails to prove (a) that the officer violated the plaintiffs constitutional rights, and (b) that the right was clearly established.