Case law

Shadburne v. Dalkon Shield Trust

851 F. Supp. 712 · District Court, D. Maryland · May 19, 1994

The Fourth Circuit, recently summarized the law of qualified immunity: Qualified immunity shields a governmental official from liability for civil monetary damages if the officer’s “conduct does not violate clearly established … Under the facts of this case, defendant is clearly entitled to qualified immunity. IV.

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. .

Peterson v. NORTH DAKOTA EX REL. ND UNIVERSITY

240 F. Supp. 2d 1055 · District Court, D. North Dakota · Jan 3, 2003

Qualified Immunity Qualified immunity shields state officials from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In other words, the qualified immunity defense fails if the official violates a clearly established constitutional or statutory right of which a reasonable person would have known.

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.

Frederique v. County of Nassau

168 F. Supp. 3d 455 · District Court, E.D. New York · Mar 11, 2016

The doctrine of qualified immunity “protects government officials from suit if their conduct does not violate clearly *479 established statutory or constitutional rights of which a reasonable person would have known.” … A police officer is entitled to qualified immunity if he establishes “either that his conduct did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable

Shepard v. PERYAM

657 F. Supp. 2d 1331 · District Court, S.D. Florida · Sep 23, 2009

The defense of qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional rights of which … The Court of Appeals for the Eleventh Circuit has held that in this Circuit the law can be “clearly established” for qualified immunity purposes, “only by decisions of the U.S.

Torraco v. Port Authority of New York & New Jersey

539 F. Supp. 2d 632 · District Court, E.D. New York · Mar 17, 2008

“Clearly Established” Rights and “Objective Reasonableness” Even if Mr. Torraco’s Constitutional rights were violated, Sgt. Goldberg’s decision to arrest him is protected by qualified immunity. That is because Mr. … More specifically, “if the right at issue was not clearly established by then existing precedent, then qualified immunity shields the defendant.” Walczyk, 496 F.3d at 154 (emphasis added).

Johnson v. Rankin

844 F. Supp. 2d 716 · District Court, E.D. Virginia · Feb 16, 2012

Qualified Immunity “[Qualified immunity affords government officials greater protection than a simple defense on the merits.” Slattery v. Rizzo, 939 F.2d 213, 216 (4th Cir.1991). … Denyakin’s clearly established right to be free from excessive police force. See Clem, 284 F.3d at 552 . C.

Wade v. Mississippi Cooperative Extension Service

424 F. Supp. 1242 · District Court, N.D. Mississippi · Dec 14, 1976

Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975), which granted a qualified immunity to public officials acting in good faith? … Defendant board members’ argument that they are entitled to the good faith qualified immunity discussed infra is without merit in this context; that immunity applies only to a government officer sued in his individual capacity

Woods v. Dugan

551 F. Supp. 325 · District Court, E.D. Missouri · Nov 10, 1982

Court reporters enjoy a qualified immunity for deprivations caused in the scope of their employment. McLallen v. Henderson, 492 F.2d 1298, 1300 (8th Cir.1974). … On the other hand, plaintiff's affidavit fails to controvert any of the elements of defendant's qualified immunity defense.

Ford v. City of Oakwood, Ga.

905 F. Supp. 1063 · District Court, N.D. Georgia · Sep 22, 1995

Qualified Immunity Qualified immunity protects public officials from liability and from trial if a plaintiffs complaint fails to state a violation of “clearly established statutory or constitutional rights of which a reasonable … Thus, defendants, in their capacity as individuals, are entitled to qualified immunity as to plaintiffs First Amendment claim under section 1983.

Kirsch v. Smith

894 F. Supp. 1222 · District Court, E.D. Wisconsin · Jul 14, 1995

Qualified immunity shields government officials from liability for damages insofar as their conduct does not violate clearly established constitutional rights. Harlow v. … Clearly established rights sufficient to defeat a claim of qualified immunity are “those which are ‘sufficiently clear that a reasonable official would understand that his actions violate that right.’ ” McGrath v.

Boyce v. Eggers

513 F. Supp. 2d 139 · District Court, D. New Jersey · Jun 25, 2007

QUALIFIED IMMUNITY Defendants’ motion for summary judgment includes a claim that the individual officers (Beppel and Conte) are entitled to qualified immunity. … Because Plaintiffs cannot establish that Defendants committed any constitutional violation when Eggers filed her criminal complaint, Defendants are entitled to qualified immunity for that aspect of the case. C.

Sikorski v. Whorton

631 F. Supp. 2d 1327 · District Court, D. Nevada · May 29, 2009

However, as there appear to be no binding cases discussing this issue, the law is certainly not clearly established, and defendants are entitled to qualified immunity, as more fully discussed below. a) Qualified Immunity … Therefore, the law is not clearly established and defendants are entitled to qualified immunity. 18 3.

Beach v. City of Olathe

97 F. Supp. 2d 1065 · District Court, D. Kansas · May 31, 2000

under the doctrine of qualified immunity. 1 For the reasons set forth below, that motion is denied. … The court disagrees; Qualified immunity shields an individual government official performing discretionary functions from liability for civil damages insofar as his or her conduct does not violate clearly established statutory

Taylor v. Collins

574 F. Supp. 1554 · District Court, E.D. Michigan · Nov 21, 1983

And because the City does not enjoy a qualified section 1983 immunity, Garner takes on considerable importance. See Owen v. City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980). … The first of these is the issue of qualified immunity. And the rule of law is clear. A municipality is not entitled to assert the defense of qualified immunity in section 1983 actions. See Owen v.

Johnson v. Hornung

358 F. Supp. 2d 910 · District Court, S.D. California · Feb 17, 2005

Saucier qualified immunity inquiry, whether the constitutional right was clearly established in the factual context presented by this case. … Qualified Immunity Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly

Wilkinson ex rel. Wilkinson v. Russell

973 F. Supp. 437 · District Court, D. Vermont · Jul 31, 1997

Defendants contend that Russell’s statements'were privileged under the doctrines of judicial immunity and state qualified immunity. … State Qualified Immunity In Vermont, qualified immunity attaches to lower-level state employees who are “ 1) acting during their employment and acting, or reasonably believing they are acting, within the scope of their authority

Roe v. City of San Diego

289 F.R.D. 604 · District Court, S.D. California · Mar 5, 2013

Second, Sixth, and Twenty-Second Affirmative Defenses — Good Faith, Exercise of Discretion, & Qualified Immunity Defendants’ second, sixth, and twenty-second affirmative defenses all relate to qualified immunity and the relationship … Sept. 14, 2011) (“[G]iven the case law that municipal entities qualify for neither absolute or qualified immunity, plaintiff is free to pursue the entity despite a finding of immunity for individuals, if she has otherwise

Davidson v. Coughlin

920 F. Supp. 305 · District Court, N.D. New York · Mar 19, 1996

QUALIFIED IMMUNITY Government officials performing discretionary functions are entitled to qualified immunity “... insofar as their conduct does not violate clearly established statutory or constitutional rights of which … be granted on qualified immunity grounds. *311 D.