Case law

Collins Bey, Robert v. Gavin, Eileen

District Court, W.D. Wisconsin · Sep 26, 2024

But the Court of Appeals for the Seventh Circuit has warned against applying qualified immunity in Eighth Amendment cases because the merits of those claims and qualified immunity “effectively collapse into one” question … For purposes of qualified immunity, that legal duty need not be litigated and then established disease by disease or injury by injury.”).

Greene v. Cook County Sheriff's Office

79 F. Supp. 3d 790 · District Court, N.D. Illinois · Feb 4, 2015

Because Plaintiffs’ right not to lose their job assignments for political reasons was not clearly established, however, Toni Preckwinkle is entitled to qualified immunity. … Plaintiffs have not met their burden to show that their right was clearly, established. President Preckwinkle is, therefore, entitled to ■ qualified immunity.

Allah v. Al-Hafeez

208 F. Supp. 2d 520 · District Court, E.D. Pennsylvania · Jun 24, 2002

on the basis of qualified immunity. … A public official is entitled to qualified immunity from monetary damages unless a reasonable official in his position would know that his specific conduct violated clearly established rights. Anderson v.

McConnell v. McKillip

573 F. Supp. 2d 1090 · District Court, S.D. Indiana · Jul 30, 2008

and the officers’ conduct violated a constitutional right; and (2) if a violation could be established on a favorable view of the facts, whether the right was clearly established. … Here, there should be no serious dispute that the rights McConnell claims were violated were clearly established.

Brown v. Rafferty

District Court, E.D. California · Sep 30, 2022

Qualified Immunity 2 Defendant asserts she is entitled to qualified immunity because she did not violate clearly 3 established law. (ECF No. 26-1 at 26.) … Plaintiff argues qualified immunity does not apply.

Payne v. Collins

986 F. Supp. 1036 · District Court, E.D. Texas · Jun 25, 1997

Application of the Summary Judgment Standard When the Movant-Defen-dant Asserts Qualified Immunity 7. … The question of “[w]hether [or not] a defendant [government official] asserting qualified immunity may be personally liable turns on the objective legal reasonableness of [his or her] ... actions assessed in light of clearly

Pew v. Scopino

904 F. Supp. 18 · District Court, D. Maine · Mar 15, 1995

Qualified Immunity When someone sues an official under section 1983 for damages resulting from the performance of the official’s duties, the qualified immunity defense prevents recovery if the conduct in question “does not … would have known that he or she was violating a clearly established right.

Raitport v. Provident National Bank

451 F. Supp. 522 · District Court, E.D. Pennsylvania · Apr 12, 1978

However, “[t]he fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial.” … Both Sullivan and Carrafiello may well enjoy qualified, or “good-faith,” immunity, which is quite another matter. See note 3 supra. 5 .

Bennett v. Monette

507 F. Supp. 2d 514 · District Court, E.D. North Carolina · Aug 8, 2007

The doctrine of qualified immunity shields public 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 … Alternatively, even assuming plaintiff established a constitutional violation, plaintiffs claim fails on the second prong of the qualified immunity analysis.

Life Savers Concepts Ass'n of Cal. v. Wynar

387 F. Supp. 3d 989 · District Court, N.D. California · May 16, 2019

"To determine whether a government official is entitled to qualified immunity, we ask two questions: whether the official violated a statutory or constitutional right, and whether that right was clearly established at the … "A court should deny a motion to dismiss on the basis of qualified immunity if the complaint 'allege[s] acts to which qualified immunity may not apply.' " Id. (quoting Groten v.

Pickens v. Miller

216 F. Supp. 2d 1011 · District Court, N.D. California · Jul 10, 2002

“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. at 2156. … However, assuming a violation is established, “the next, sequential step is to ask whether the right was clearly established.

Ellis v. City of Fairburn

852 F. Supp. 1568 · District Court, N.D. Georgia · Mar 4, 1994

Thus, a government official is entitled to a qualified immunity defense if “a reasonable official could have believed [the official’s] actions were lawful in light of clearly established law and the information possessed … the rule *1578 of qualified immunity “from a guarantee of immunity into a rule of pleading,” where any alleged right defined in sufficiently broad terms can be deemed “clearly established”.

Centerfold Club, Inc. v. City of St. Petersburg

969 F. Supp. 1288 · District Court, M.D. Florida · May 20, 1997

The court then observed that the Supreme Court, in an effort to strike the optimal balance, established an objective test for qualified immunity: a government official is immune from liability “insofar as their conduct does … As for Plaintiff 3405, Inc.’s action, the Council Defendants’ motion concerning qualified immunity (Doc. No. 98) is granted. The Council Defendants do enjoy qualified immunity.

Dale v. Bartels

552 F. Supp. 1253 · District Court, S.D. New York · Dec 17, 1982

Some of it is hearsay, clearly tendered as such. … Qualified good faith immunity under Butz v.

Waller v. Tripett

179 F. Supp. 2d 724 · District Court, E.D. Michigan · Nov 28, 2001

In order to determine whether an official is entitled to qualified immunity, the Court should initially consider if the alleged acts violated clearly established law. See id. … Because qualified immunity pro *734 vides immunity from liability in a federal court, "a party may immediately appeal a district court’s denial of qualified immunity.” Blake, 179 F.3d at 1007 (citing Behrens v.

Kirby v. Largo

790 F. Supp. 239 · District Court, D. Colorado · Mar 31, 1992

Qualified Immunity. Largo argues that he is entitled to qualified immunity. … Once a defendant asserts qualified immunity, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.” Pueblo Neighborhood Health Centers, Inc. v.

Aaron v. Shelley

696 F. Supp. 2d 1000 · District Court, E.D. Arkansas · Oct 29, 2009

was clearly established. … Neither summary judgment nor qualified immunity is appropriate. IV.

Florida Paraplegic Ass'n v. Martinez

734 F. Supp. 997 · District Court, S.D. Florida · Mar 30, 1990

are shielded [by the doctrine of qualified immunity] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To overcome the qualified immunity of the individual defendants, plaintiff must show that the rights violated were so clearly established that a reasonable person would have known of their violation. See Anderson v.

Lilley ex rel. Missouri Defense Bonds v. Missouri

920 F. Supp. 1035 · District Court, E.D. Missouri · Feb 27, 1996

The doctrine of qualified immunity provides that government officials performing discretionary functions are generally shielded from liability for civil claims insofar as their conduct does not violate clearly established … The individual defendants contend that plaintiffs have not alleged a violation of a clearly established constitutional right, because they have not clearly established the validity of the Bonds.

Great Elk Dancer for his Elk Nation v. City of Logan

129 F. Supp. 3d 546 · District Court, S.D. Ohio · Sep 9, 2015

A government official performing' a discretionary function is entitled to qualified immunity from a suit for civil damages unless his actions have violated a clearly established statutory or constitutional right. … such violated right was clearly established.