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  • Harville v. Texas A & M University

    833 F. Supp. 2d 645 · District Court, S.D. Texas · Jun 8, 2011

    They assert that all three of the defendant employees are protected by qualified immunity. … Qualified Immunity Additionally, the Court grants the defendants’ motion regarding Ryan, Mortensen and Maes because they are shielded by qualified immunity.

    Cited 20 timesPublished
  • DiStiso Ex Rel. DiStiso v. Town of Wolcott

    750 F. Supp. 2d 425 · District Court, D. Connecticut · Oct 19, 2010

    The doctrine of qualified immunity shields government officials performing a discretionary function “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … When considering a qualified immunity defense, a court must determine whether the right at issue was clearly established “in light of the specific context of the case, not as a broad general proposition.”

    Reversed in part, on other grounds by DiStiso ex rel. DiStiso v. Cook, 691 F.3d 226 (2012)Cited 6 timesPublished
  • Zawacki v. City of Colorado Springs

    759 F. Supp. 655 · District Court, D. Colorado · Mar 20, 1991

    Qualified immunity will shield deputies Smith and Mistretta and officers Duffy and Dancy from personal liability under Section 1983 unless Plaintiff can show that their actions violated clearly established statutory or constitutional … Therefore, they did not violate any clearly established statutory or constitutional right of which a reasonable person would have known and they are qualifiedly immune from this lawsuit.

    Cited 0 timesPublished
  • EH ex rel. Moore v. City of Miramar

    111 F. Supp. 3d 1307 · District Court, S.D. Florida · Jun 19, 2015

    The Eleventh Circuit found that the officer was entitled to qualified immunity since the use of deadly force was reasonable under the facts and circumstances of the case and there was no clearly established law at the time … established prong of the qualified immunity analysis.

    Cited 1 timesPublished
  • Wagner

    District Court, N.D. New York · Jan 8, 2026

    Qualified Immunity Defendants contend that the federal claims against Connell are barred by the doctrine of qualified immunity. (Dkt. No. 31-6, at 10). … Wright, 386 F.3d 432, 434, 436 (2d Cir. 2004) (describing a defendant's burden of establishing a qualified immunity defense in a Rule 12(b)(6) motion as a “formidable hurdle”).

    Cited 0 timesUnknown
  • Ward v. CSX Transportation, Inc.

    161 F.R.D. 38 · District Court, E.D. North Carolina · Mar 22, 1995

    , entitled to only a qualified immunity since no mental impressions, conclusions, or legal theories of the attorney are implicated. … The qualified immunity can be overcome by a showing of substantial need.

    Cited 16 timesPublished
  • Lorusso v. Borer

    359 F. Supp. 2d 121 · District Court, D. Connecticut · Feb 28, 2005

    See, e.g., Gordon, 934 F.Supp. at 82 (“It has [ ] been clearly established that in order for legislative immunity to attach, the acts complained of must not only be substantively legislative but also proeedurally legislative … ; (2) Was the violated right clearly established at the time of the conduct?

    Cited 3 timesPublished
  • Nelson v. District of Columbia

    953 F. Supp. 2d 128 · District Court, District of Columbia · Jul 12, 2013

    Second, Foster argues that he is, in any event, entitled to qualified immunity. Id. at 8. … motions raising the qualified immunity defense.

    Cited 5 timesPublished
  • Brown v. Artus

    647 F. Supp. 2d 190 · District Court, N.D. New York · Aug 11, 2009

    Qualified immunity shields government officials performing discretionary functions from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Accordingly, governmental officials sued for damages “are entitled to qualified immunity if 1) their actions did not violate clearly established law, or 2) it was objectively reasonable for them to believe that their actions

    Cited 7 timesPublished
  • Farkarlun v. Hanning

    855 F. Supp. 2d 906 · District Court, D. Minnesota · Mar 2, 2012

    Khazraeinazmpour is entitled to qualified immunity because her search of Farkarlun did not violate any clearly established law. … Therefore, to the extent that continuing the search at the First Precinct was unconstitutional, that constitutional norm has not yet been clearly established, and the searching officer is entitled to qualified immunity.

    Cited 7 timesPublished
  • Anderson v. City of Columbus, Georgia

    374 F. Supp. 2d 1240 · District Court, M.D. Georgia · Jun 23, 2005

    Defendant Turner is immune from suit unless she violated “ ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Hutton v. … None of Plaintiffs argument regarding qualified immunity ever mentions the Fourth Amendment, how Defendants’ conduct constituted an unreasonable search or seizure, or how the law was cléarly established that Plaintiff had

    Cited 9 timesPublished
  • Pelster Ex Rel. Boyer v. Walker

    185 F. Supp. 2d 1185 · District Court, D. Oregon · Nov 27, 2001

    qualified immunity.” … Defendants Are Entitled to Qualified Immunity Even if Plaintiffs could establish a violation of their Fourth Amendment rights, Defendants would be entitled to qualified immunity under the undisputed facts.

    Cited 0 timesPublished
  • Doe v. Thomas

    604 F. Supp. 1508 · District Court, N.D. Illinois · Mar 21, 1985

    Defendants have established, as a matter of law, both prongs of the qualified immunity test. First, taking someone into custody is clearly within the scope of a police officer’s authority. … The second question of the Harlow qualified immunity test, requiring a demonstration of a violation of a clearly established constitutional right, is answered in the negative.

    Cited 6 timesPublished
  • Fleck v. Trustees of the University of Pennsylvania

    995 F. Supp. 2d 390 · District Court, E.D. Pennsylvania · Feb 5, 2014

    The doctrine of qualified immunity protects governmental officials when they are sued in their personal capacity “from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The contours of clearly established rights in the context of qualified immunity are not always sharply drawn.

    Cited 14 timesPublished
  • JOHN DOES 1-100 v. Boyd

    613 F. Supp. 1514 · District Court, D. Minnesota · Jul 31, 1985

    Qualified Immunity The individual defendants claim that they are entitled to summary judgment on the basis of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Until recently, the decisions of the United States Supreme Court had established that the qualified immunity defense had both objective and subjective components. Under the Court’s decision in Wood v.

    Cited 28 timesPublished
  • Shape v. Barnes County, ND

    396 F. Supp. 2d 1067 · District Court, D. North Dakota · Oct 14, 2005

    Accordingly, the Court will only address the defendants’ entitlement to qualified immunity. … Qualified immunity protects Sheriff McClaflin from liability if his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

    Cited 1 timesPublished
  • HAMILTON BY HAMILTON v. Cannon

    864 F. Supp. 1332 · District Court, M.D. Georgia · Sep 13, 1994

    actions violated a clearly established constitutional right defined in Wideman he is not entitled to qualified immunity. *1337 Applying the test enumerated in Courson v. … Lacking a clearly established right the Courson test cannot be satisfied, and so Brown is entitled to qualified immunity. C.

    Cited 0 timesPublished
  • Page v. Mancuso

    999 F. Supp. 2d 269 · District Court, District of Columbia · Dec 4, 2013

    The Qualified Immunity Doctrine “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 … the right was clearly established’ at the time of the violation.”

    Cited 44 timesPublished
  • Gray v. Great Valley School District

    102 F. Supp. 3d 671 · District Court, E.D. Pennsylvania · Apr 6, 2015

    The qualified immunity analysis involves two steps: “(1) whether the plaintiff alleged sufficient facts to establish the violation of a constitutional right, and (2) whether the right was ‘clearly established’ at the time … Thus,, whether Trimble is entitled to qualified immunity turns on whether that right was “clearly established” at the time of her actions. Estate of Lagano, 769 F.3d at 858 . The Court concludes that it was.

    Cited 10 timesPublished
  • Nichols v. Village of Pelham Manor

    974 F. Supp. 243 · District Court, S.D. New York · Jul 31, 1997

    The Court concludes, therefore, that the rights violated here were clearly established for qualified immunity purposes. Jermosen, 945 F.2d at 550 . … The fact that defendants violated well-established rights does not end the qualified immunity inquiry, however.

    Cited 12 timesPublished

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