Case law

Reaves v. Dep't of Corr.

333 F. Supp. 3d 18 · District Court, District of Columbia · Sep 20, 2018

Qualified Immunity (Counts VI, VII, VIII, IX) 11 "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory … Accordingly, I find that this is a constitutional right that is not clearly established and the individual Defendants are entitled to qualified immunity.

Wiggins v. Rhode Island

326 F. Supp. 2d 297 · District Court, D. Rhode Island · Jul 22, 2004

This leaves the latter five contentions; Defendants (namely, the Officers) assert, as to each of these, the defense of qualified immunity. 18 A court evaluating a claim of qualified immunity must first determine whether a … If so, the court must next “determine whether that right was clearly established at the time of the [official’s] alleged violation.” Wilson v.

Abdella v. O'TOOLE

343 F. Supp. 2d 129 · District Court, D. Connecticut · Oct 29, 2004

The court will now consider the issue of qualified immunity. IV. QUALIFIED IMMUNITY All three defendants in this case argue that they are entitled to qualified immunity based on their actions. … Once the court has determined whether a right could be violated on the facts, the second step is to determine if the right alleged is clearly established. Id.

Smith v. Luther

973 F. Supp. 601 · District Court, N.D. Mississippi · Jul 21, 1997

Further, defendants argue that there was no clearly established right which they could have violated, i.e. plaintiffs had no constitutional right to hide a vehicle from tax seizure or to thwart an attempt by the tax commission … Plaintiffs argue that they had a clearly established right to be free from malicious prosecution and false arrest, and that whether or not there was probable cause for the arrest is an issue for the trier of fact to determine

Auvaa v. City of Taylorsville

506 F. Supp. 2d 903 · District Court, D. Utah · Mar 27, 2007

Qualified Immunity “The doctrine of qualified immunity shields public officials ... from damage actions unless their conduct was unreasonable in light of clearly established law.” Elder v. … clearly established at the time of the conduct at issue.

Larson v. Cantrell

974 F. Supp. 1211 · District Court, N.D. Indiana · Aug 11, 1997

Judge Cantrell’s second major argument is that she is entitled to qualified immunity, Under that doctrine, government officials enjoy immunity from damages liability unless their conduct “violate [s] clearly established statutory … Next, Judge Cantrell argues for qualified immunity position-by-position.

Velius v. Township of Hamilton

754 F. Supp. 2d 689 · District Court, D. New Jersey · Dec 7, 2010

immunity. … Evanson, 615 F.3d 197, 224 (3d Cir.2010) (qualified immunity analysis asks “ ‘whether the right was clearly established ... in light of the specific context of the case.... ’ A right is clearly established if ‘it would be

Munson v. Gaetz

957 F. Supp. 2d 951 · District Court, S.D. Illinois · Jul 17, 2013

However, the Court GRANTS in part Defendants’ motion for summary judgment on the basis of qualified immunity. Moving Defendants are entitled to qualified immunity. … Qualiñed Immunity “Generally, qualified immunity protects government agents from liability when their actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Hootstein v. Collins

928 F. Supp. 2d 326 · District Court, D. Massachusetts · Mar 8, 2013

was clearly established at the time of defendants’ actions. … to qualified immunity. .

Goehring v. United States

870 F. Supp. 106 · District Court, D. Maryland · Dec 7, 1994

,” i.e. he is shielded from liability to the extent that his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … That contention proves too much: all things are possible and if mere possibility is all that is required to establish a qualified immunity defense, law enforcement officials would have virtually unlimited license to use deadly

Dier v. CITY OF PRESTONSBURG, KY.

480 F. Supp. 2d 929 · District Court, E.D. Kentucky · Mar 30, 2007

In civil suits seeking money damages, government officials acting in their official capacities are entitled to qualified immunity for those discretionary acts that do “not violate clearly established statutory or constitutional … Accordingly, the Section 1983 claims against the individuals, Officers Clark and Dale, are barred by the doctrines of qualified immunity and qualified official immunity making summary judgment proper.

Fitzgerald v. Cnty. of Lehigh

381 F. Supp. 3d 443 · District Court, E.D. Pennsylvania · Apr 4, 2019

Even if the Detectives' behavior violated Fitzgerald's Fourth Amendment rights, they did not violate clearly established law at the time of the incident and *459 are entitled to qualified immunity. … immunity because such rights were not clearly established at the time of the incident.

Martin v. Stites

203 F. Supp. 2d 1237 · District Court, D. Kansas · May 16, 2002

Qualified immunity shields an individual government official performing .discretionary functions from liability for civil damages if his or her conduct does not violate clearly established statutory or constitutional rights … that the alleged constitutional violation was clearly established.

Lonsdale v. Egger

525 F. Supp. 610 · District Court, N.D. Texas · Oct 26, 1981

Those remaining, Defendants Egger, Voskuil, and Rosenstein, would be cloaked with qualified immunity when acting within the sphere of their official responsibility. … established constitutional rights.

Whitton v. Williams

90 F. Supp. 2d 420 · District Court, S.D. New York · Mar 31, 2000

of law on qualified immunity grounds. … The Second Circuit has stated that the “doctrine of qualified immunity shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory

Dean v. Fluty

231 F. Supp. 3d 513 · District Court, C.D. California · Feb 2, 2017

Qualified immunity protects police officer defendants from liability for civil damages when performing discretionary functions, unless such conduct violated a clearly established constitutional or statutory right of which … Officer Fluty would be entitled to qualified immunity. The Plaintiff argues that Officer Fluty’s alleged misconduct precludes a finding of qualified immunity.

Jackson v. Town of Waldoboro

751 F. Supp. 2d 263 · District Court, D. Maine · Nov 22, 2010

In Pearson , the Supreme Court established that the qualified immunity is a two part test. … Under this second stage of the qualified immunity inquiry, despite a clearly established and well-known right to be free from excessive deadly force, a reasonable officer standing in Curtis’ shoes — struggling in the woods

Rocket Learning, Inc. v. Rivera-Sanchez

851 F. Supp. 2d 384 · District Court, D. Puerto Rico · Mar 30, 2012

Defendant’s Qualified Immunity Request The Secretary challenges the magistrate judge’s recommendation that qualified immunity be denied. … Defendant is entitled to qualified immunity unless: “(1) the facts alleged or shown by the plaintiff make out a violation of a constitutional right and (2) such right was clearly established at the time of the defendant's

Jennings v. UNIVERSITY OF N. CAR AT CHAPEL HILL

240 F. Supp. 2d 492 · District Court, M.D. North Carolina · Nov 13, 2002

Dorrance is entitled to qualified immunity. [8] Qualified immunity protects government officials from liability under § 1983 so long as the conduct of the official "does not violate clearly established statutory or constitutional … In regard to the qualified immunity claims of Defendants Hooker, Ehringhaus, Baddour, Miller, and Swofford, supervisory liability was clearly established under § 1983 at the time of their alleged conduct.

Thompson v. Wagner

631 F. Supp. 2d 664 · District Court, W.D. Pennsylvania · Sep 29, 2008

In order for a federally protected right to be “clearly established” for purposes of qualified immunity, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is … In this case, the qualified immunity inquiry is relatively simple.