Case law

Bond v. Oklahoma County Criminal Justice Authority

District Court, W.D. Oklahoma · Jul 11, 2023

Qualified Immunity Officer Wood asserts she is entitled to qualified immunity as to Plaintiff’s failure- to-protect claim. … 2) the right was clearly established at the time of the violation.”

Jones v. District of Columbia

District Court, District of Columbia · Mar 28, 2024

Qualified Immunity and Mr. … Jones’s clearly established rights as of 2017.

Bisbal-Bultron v. State Insurance Fund Corp.

213 F. Supp. 3d 298 · District Court, D. Puerto Rico · Feb 25, 2015

The two-step inquiry to determine whether a defendant is entitled to qualified immunity requires in its second prong a determination as to whether the violated right was clearly established at the time that the offending … This second “clearly-established” step, as observed in Hunt v.

Briggs v. Waters

455 F. Supp. 2d 508 · District Court, E.D. Virginia · Oct 3, 2006

discrimination under Title VII also establish discrimination under § 1983). b) Qualified Immunity Waters argues that he is entitled to qualified immunity with respects to Briggs’s § 1983 claim. … Qualified immunity, however, does not shield Waters from Briggs’s allegations of quid pro quo sexual harassment.

Navas Chabran v. Santiago Nieves

666 F. Supp. 16 · District Court, D. Puerto Rico · Jul 24, 1987

Qualified Immunity In actions brought under 42 U.S.C. § 1983 , a defense of qualified immunity from liability for damages is available to state executive officers performing discretionary functions, “insofar as their conduct … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Tenorio v. Harris

370 F. Supp. 3d 863 · District Court, E.D. Illinois · Mar 27, 2019

Qualified Immunity In arguing for summary judgment, the Defendants did not rely on qualified immunity. … Police officers "are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time."

Ulmer v. City of Overland Park, Kan.

784 F. Supp. 807 · District Court, D. Kansas · Feb 4, 1992

Generally, public officials performing discretionary functions enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … On a motion for summary judgment based on a defense of qualified immunity, the relevant question is whether a reasonable official could have believed his acts were lawful in light of clearly established law and the information

Murphy v. Bitsoih

320 F. Supp. 2d 1174 · District Court, D. New Mexico · Jun 1, 2004

who assert qualified immunity. … Clearly Established.

Cooper v. Merrill

736 F. Supp. 552 · District Court, D. Delaware · Apr 24, 1990

of that clearly established law. … Qualified Immunity As noted above, the doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established

Bove v. Kennedy

899 F. Supp. 114 · District Court, E.D. New York · Sep 18, 1995

DISCUSSION The law governing the application of qualified immunity to claims of false arrest was clearly set forth by the Second Circuit in Golino v. … .-, 112 S.Ct. 3032 , 120 L.Ed.2d 902 (1992): The qualified or “good faith” immunity enjoyed by police officers shields them from personal liability for damages “insofar as their conduct does not violate clearly established

Stephens v. Broward Sheriff's Office

84 F. Supp. 3d 1327 · District Court, S.D. Florida · Dec 10, 2014

For an official to lose qualified immunity, the plaintiff must show both that a constitutional violation occurred, and that the violation was of a *1337 clearly established, right. See id. … Because the Court finds that the Plaintiff has not brought forth sufficient evidence to show that a constitutional violation occurred, it need not address the "clearly established” prong of the qualified immunity defense

Stone's Auto Mart, Inc. v. City of St. Paul, Minn.

721 F. Supp. 206 · District Court, D. Minnesota · Sep 18, 1989

An order tailoring discovery based on the possibility that the city council members are extended qualified immunity will be issued. FACTS Plaintiff Stone’s Auto Mart, Inc. … Qualified immunity shields government officials performing discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Spiegel v. City of Chicago

920 F. Supp. 891 · District Court, N.D. Illinois · Mar 22, 1996

Qualified immunity protects government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The test of qualified immunity for police officers is whether a reasonable officer could have believed that probable cause existed to arrest the plaintiff in light of clearly established law and the information the arresting

Levin v. Madigan

41 F. Supp. 3d 701 · District Court, N.D. Illinois · May 5, 2014

Qualified immunity is designed to allow government officials to avoid the burdens of litigation when the law is not clearly established, and relieving officials of those burdens in turn confers a benefit on society as a whole … Although this Court previously expressed its doubt that the qualified immunity defense applies at all to procedural uncertainty, that is, uncertainty over whether a § 1983 cause of action for a clearly established substantive

Blum v. Schlegel

830 F. Supp. 712 · District Court, W.D. New York · Jul 1, 1993

or qualified immunity. … the doctrine of qualified immunity, and on the other hand claiming that defendants violated his right to due process and freedom of speech, which, of course, are clearly established constitutional rights.

Rowe v. Romano

940 F. Supp. 798 · District Court, E.D. Pennsylvania · Sep 23, 1996

he is entitled to qualified immunity for the arrest. … Specifically, qualified immunity shields Rivera from Rowe’s false arrest claim if “a reasonable officer could have believed [Rowe’s arrest] to be lawful, in light of clearly established law and the information the [arresting

Boothe v. Wheeling Police Officer Sherman

190 F. Supp. 3d 788 · District Court, N.D. Illinois · Jun 3, 2016

“The doctrine of qualified immunity protects government officials from liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … violated clearly established law.

McCarley v. Dunn

District Court, N.D. Alabama · Mar 7, 2024

McCarley must plausibly plead a violation of a clearly established constitutional right to overcome qualified immunity. … Because McCarley plausibly states a claim for violation of clearly established law, Baker and Dent are not entitled to qualified immunity at this stage.

Acevedo-Feliciano v. Ruiz-Hernandez

275 F. Supp. 2d 162 · District Court, D. Puerto Rico · Jun 13, 2003

Finally, we reach defendants’ claims of qualified immunity. … “Qualified immunity shields government officials performing discretionary functions from civil *168 liability for -money damages when their conduct does not violate ‘clearly established’ statutory authority or constitutional

Walkusch v. Board of County Commissioners Ex Rel. Larimer County

627 F. Supp. 541 · District Court, D. Colorado · Jan 27, 1986

When a prosecutor acts in any other capacity, the rationale for absolute immunity dissolves and the prosecutor receives only the lesser, qualified immunity.” Gray v. … In order to overcome a motion for summary judgment on the basis of a qualified immunity, a plaintiff in a § 1983 case must show that the constitutional rights for violation of which she is seeking redress were clearly established