Case law

Trout v. Frega

926 F. Supp. 117 · District Court, N.D. Illinois · May 2, 1996

The doctrine of qualified immunity shields government officials from civil liability when they perform discretionary functions to the extent that their conduct does not violate clearly established statutory or constitutional … Plaintiffs have the burden of showing that the right allegedly violated was clearly established for purposes of denying an officer qualified immunity from a claim under § 1983. Sledd, 864 F.Supp. at 827 .

Padilla v. Yoo

633 F. Supp. 2d 1005 · District Court, N.D. California · Jun 18, 2009

Qualified Immunity. 1. Legal Standard for a Finding of Qualified Immunity. Yoo also argues that he is entitled to qualified immunity on all claims. … To defeat *1037 qualified immunity, “the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.” Wilson v.

Washington v. Fenty

District Court, District of Columbia · Apr 29, 2009

were violated were not clearly established. … A defense of qualified immunity fails only if the officer has violated a clearly established constitutional right. See Saucier v. Katz, 533 U.S. 194, 200 (2001).

Egervary v. Young

159 F. Supp. 2d 132 · District Court, E.D. Pennsylvania · Sep 6, 2001

Qualified Immunity.160 1. Due Process Violation.160 a. Liberty Interest.161 b. The Constitutional Sufficiency of the Process.162 2. Clearly Established Right.164 a. Federal Law as of May 1994 .164 b. … Clearly Established Right The federal defendants are entitled to quahfied immunity if they did not violate a “clearly established” right “of which a reasonable person would have known.”

Gross v. Cairo

District Court, M.D. Pennsylvania · Sep 15, 2022

Cairo has not established that he is entitled to qualified immunity. … Qualified immunity requires a two-prong inquiry: “(1) whether the facts alleged by the plaintiff show the violation of a constitutional right, and (2) whether the law was clearly established at the time of the violation

Davidson v. COUGHLIN, III

968 F. Supp. 121 · District Court, S.D. New York · Jun 19, 1997

QUALIFIED IMMUNITY At the very least, the defendants in these cases are entitled to qualified immunity. … A district court should grant summary judgment on a claim of qualified immunity if: the asserted rights were not clearly established, or if the evidence is such that, even when it is viewed in the light most favorable to

Beebe v. Birkett

749 F. Supp. 2d 580 · District Court, E.D. Michigan · Sep 3, 2010

Qualified Immunity Defendants claim to be entitled to qualified immunity regarding their ac *600 tions in this case. … The doctrine of qualified immunity means that “ ‘[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Griffin-El v. MCI Telecommunications Corp.

835 F. Supp. 1114 · District Court, E.D. Missouri · Sep 27, 1993

Qualified Immunity Defendants have also sought qualified immunity from the damages portion of plaintiff's suit. The Eighth Circuit recently discussed the qualified immunity doctrine in Brown v. … However, prison officials are immune from suit on the basis of qualified good faith immunity unless (1) their conduct violated a constitutional right of the plaintiff-prisoner that was clearly established prior to the time

White v. Hlavaty

District Court, E.D. Michigan · Jul 27, 2023

Because Plaintiffs have failed to state a constitutional violation, Hlavaty is entitled to qualified immunity; Plaintiffs’ § 1983 claims against her must be dismissed. See Essex v. … App’x 351, 356 (6th Cir. 2013) (“Because the facts as alleged by Plaintiffs do not establish a constitutional violation by [the defendant] in his individual capacity, we find that he is entitled to qualified

Todd v. United States

613 F. Supp. 552 · District Court, D. Montana · Jul 22, 1985

The Court stated as follows: If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … However, the defendants seek too narrow an interpretation of the phrase “clearly established constitutional right.” The clearly established constitutional right is the First Amendment guarantee of freedom of speech.

Yeshiva Chofetz Chaim Radin, Inc. v. Village of New Hempstead

98 F. Supp. 2d 347 · District Court, S.D. New York · Apr 12, 2000

defendant was “arguably entitled to a qualified immunity under Federal law” in the federal claim under 42 U.S.C. § 1983 ). … The standards for granting summary judgment motions in the federal courts are clearly established in FRCP Rule 56 and federal case law, see Standard of Review Pursuant to Federal Rule of Civil Procedure 56(c), supra, and

Quarrie v. Board of Regents for New Mexico Institute of Mining & Technology

District Court, D. New Mexico · Jan 25, 2024

immunity. … Dist., No. 19, 77 F.3d 1253, 1255 (10th Cir. 1996) (noting that the issue of qualified immunity need not be reached “if [the] plaintiff’s claim is not actionable”); Hall v. Hupp, 523 F.

Piccone v. McClain

720 F. Supp. 2d 139 · District Court, D. Massachusetts · Jul 2, 2010

Because the court will find that qualified immunity applies, this memorandum will not reach the issue of absolute immunity. The First Circuit has a two-part test for determining entitlement to qualified immunity. … For the right at issue to be clearly established, the state of the law must be clear and the facts must clearly implicate the right at issue.

Strong v. Gorman

310 F. Supp. 3d 380 · District Court, W.D. New York · Apr 19, 2018

that a police officer was entitled to qualified immunity where the officer shot a woman who was wielding a large knife and who refused commands to drop the knife. … But again, the Court does not even need to reach the issue of qualified immunity.

Becerra v. Asher

921 F. Supp. 1538 · District Court, S.D. Texas · Apr 4, 1996

“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. … immunity because they would not have violated Juan's clearly-established rights.

Williams v. Hall

District Court, N.D. Indiana · Sep 9, 2021

Sangamon Cnty., 705 F.3d 706, 727 (7th Cir. 2013) (“Courts generally hold that the use of a taser against an actively resisting suspect either does not violate clearly established law or is constitutionally reasonable. … Blackburn, 911 F.3d 458, 463 (7th Cir. 2018) (granting officer qualified immunity for administering four Taser shots in less than a minute during arrest of actively resisting subject). Mr.

Gil v. County of Suffolk

590 F. Supp. 2d 360 · District Court, E.D. New York · Nov 6, 2008

Qualified Immunity Defense Alternatively, defendants argue that Gil’s false arrest and malicious prosecution claims are barred by qualified immunity. … Qualified immunity bars an action against a government official performing discretionary functions where the conduct alleged “ ‘does not violate clearly established statutory or constitutional rights of which a reasonable

Pearce v. Labella

971 F. Supp. 2d 255 · District Court, N.D. New York · Sep 20, 2013

As the Second Circuit has already held, Chief LaBella is not entitled to qualified immunity. F. … There is also adequate evidence to establish the personal involvement of Chief LaBella, who is not entitled to qualified immunity.

Nolla Amado v. Riefkohl-Rivas

673 F. Supp. 60 · District Court, D. Puerto Rico · Sep 28, 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.”

Geod Corporation v. New Jersey Transit Corporation

678 F. Supp. 2d 276 · District Court, D. New Jersey · Aug 20, 2009

Qualified Immunity State officials performing discretionary functions are generally immune from liability unless their conduct violates clearly established constitutional or statutory rights of which a reasonable person should … Assuming arguendo that the individual Defendants’ conduct violated a constitutional or statutory right, they are still entitled to qualified immunity because such a right was not clearly established at the time of the alleged