Case law

Nelson v. Disorbo

District Court, N.D. New York · Nov 30, 2020

The Court is not willing to establish a precedent holding otherwise. … of summary judgment on ground of qualified immunity); Zellner v.

Bacon v. Taylor

414 F. Supp. 2d 475 · District Court, D. Delaware · Feb 7, 2006

Qualified Immunity A public official is entitled to qualified immunity if the official’s “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … If not, the inquiry ends, and the officer is entitled to qualified immunity. Id.

Southerland v. Woo

44 F. Supp. 3d 264 · District Court, E.D. New York · Sep 10, 2014

Qualified Immunity A. … Qualified immunity applies if a government officer’s “action was ‘objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.’ ” Taravella v.

Blackhawk v. City of Chubbuck

488 F. Supp. 2d 1097 · District Court, D. Idaho · Nov 24, 2006

Qualified Immunity “Qualified immunity serves to shield government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Second, if so, was that right clearly established?

Abrazinski v. DuBois

940 F. Supp. 361 · District Court, D. Massachusetts · Aug 16, 1996

In considering whether the defendants are entitled to qualified immunity, the question is whether the rights that underlie his claim were so “clearly established” that the defendants must have known their actions would violate … To overcome the defendants’ objection that they are protected by qualified immunity for their conduct of the disciplinary proceedings, then, the plaintiff must show that it was “clearly established” (i) that it was a violation

Bektic-Marrero v. Goldberg

850 F. Supp. 2d 418 · District Court, S.D. New York · Mar 7, 2012

It is this Court’s practice to decide motions for summary judgment based on qualified immunity only after the plaintiff has been deposed. … If, on the other hand, facts material to the application of the qualified immunity doctrine are in dispute, summary judgment is not appropriate.

Ratliff v. City of Shannon Hills

52 F. Supp. 3d 904 · District Court, E.D. Arkansas · Sep 16, 2014

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 person … Accordingly, Chief Hale and Officer Lucky are entitled to qualified immunity as to Ms. Ratliff’s § 1983 claims, and the Court need not determine whether Ms. Ratliffs constitutional rights were clearly established.

Stockton v. Wake County

173 F. Supp. 3d 292 · District Court, E.D. North Carolina · Mar 24, 2016

Umesi asserts the defense of qualified- immunity. … The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability,-for-civil damages insofar as their conduct does not violate clearly established

Barnes v. Henderson

628 F. Supp. 2d 407 · District Court, W.D. New York · Jun 23, 2009

Prison officials may also be entitled to qualified immunity for due process violations. … “The doctrine of qualified immunity shields government officials from liability for damages resulting from the performance of discretionary official functions if their conduct ‘does not violate clearly established statutory

Kaufmann v. Saari

889 F. Supp. 1105 · District Court, E.D. Wisconsin · Jun 6, 1995

Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability for civil damages “insofar as their conduct does not violate clearly established statutory … a violation of clearly established law. 472 U.S. at 526 , 105 S.Ct. at 2815-16 .

Lee v. Coughlin

902 F. Supp. 424 · District Court, S.D. New York · Sep 28, 1995

QUALIFIED IMMUNITY Defendants do assert qualified immunity as an affirmative defense to plaintiffs due process claim and request for damages. … Qualified immunity acts to shield government officials from liability under Section 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

King v. Avila

760 F. Supp. 681 · District Court, N.D. Illinois · Oct 27, 1989

Such an allegation involves the issue of qualified immunity. Qualified immunity exists because public officers require some form of immunity from suits for damages. Jackson v. Elrod, 881 F.2d 441 (7th Cir.1989). … ; and 2) were the constitutional standards clearly established at the time in question? Id. at 554 .

Jicarilla Apache Nation v. Rio Arriba County

376 F. Supp. 2d 1096 · District Court, D. New Mexico · Oct 30, 2004

The Defendants then moved for summary judgment based on qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Sterling-Ward Ex Rel. Sterling v. Tujaka

414 F. Supp. 2d 727 · District Court, E.D. Michigan · Feb 14, 2006

that right was clearly established.” … The Second Circuit concluded that the law does not provide a clear answer to this question, thus the right is not “clearly established” and the defendants were, as a result, entitled to qualified immunity.

Money Market Pawn, Inc. v. Boone County Sheriff Duane Wirth

32 F. Supp. 3d 903 · District Court, N.D. Illinois · Jan 17, 2014

The doctrine of qualified immunity insulates government actors from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Livingston Cnty., Ill., 674 F.3d 874, 881 (7th Cir.2012) (“[Consulting a prosecutor may not give an officer absolute immunity from being sued ... but it goes far to establish qualified immunity-”).

Kirkham v. Whatcom County

District Court, W.D. Washington · Sep 9, 2025

Qualified Immunity 8 County Defendants also assert Plaintiff’s claim must be dismissed because they are 9 entitled to qualified immunity. … To begin, qualified immunity is a defense to liability only for 10 those sued in their individual capacities under § 1983.

O'Neal Ex Rel. Boyd v. Alabama Department of Public Health

826 F. Supp. 1368 · District Court, M.D. Alabama · Jun 22, 1993

State officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have know.” Harlow v. … to qualified immunity. 18 .

Berberena Rosado v. Cordero Santiago

668 F. Supp. 72 · District Court, D. Puerto Rico · Jun 19, 1987

The qualified immunity question as to this claim is whether it was clearly established at the time of the reorganization that any career employee transferred was entitled to procedural due process under the fourteenth amendment … and the sort of violation that qualified immunity does not protect against.

Crosby v. Hare

932 F. Supp. 490 · District Court, W.D. New York · Jul 19, 1996

Even if they did, however, I also find that they are entitled to qualified immunity. … The doctrine of qualified immunity protects law enforcement officers from civil liability “insofar as their conduct does not *496 violate clearly established statutory or constitutional rights of which a reasonable person

McGettigan v. Di Mare

173 F. Supp. 3d 1114 · District Court, D. Colorado · Mar 24, 2016

Qualified Immunity Únder the doctrine of qualified immunity, “government officials performing discretionary,'functions generally are shielded from, liability for civil damages insofar as their conduct does not violate clearly … Nevertheless, defendant states that “the law did not clearly establish that President Di Mare’s actions violated the third prong of-this test.” Docket No. 16 at 7.