Case law

Collins v. Schmidt

326 F. Supp. 3d 733 · District Court, D. Maine · Aug 9, 2018

Thus, Schmidt is entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to the plaintiff, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established … As such, Schmidt is not entitled to qualified immunity.

Didzerekis v. Stewart

41 F. Supp. 2d 840 · District Court, N.D. Illinois · Mar 23, 1999

Once a defendant pleads qualified immunity, plaintiff has the burden to demonstrate the existence of a clearly established constitutional right. See Abel v. Miller, 824 F.2d 1522, 1534 (7th Cir.1987). … qualified immunity.

Kinzer v. Schuckmann

850 F. Supp. 2d 785 · District Court, S.D. Ohio · Feb 7, 2012

And even if such a violation could be established, he continues that the right was not “clearly established ... in light of the specific context of the case” (id. at 10). … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Bloom v. Luis

198 F. Supp. 2d 141 · District Court, D. Connecticut · Mar 14, 2002

Qualified Immunity Officer Luis has asserted the defense of qualified immunity against Mr. Bloom’s constitutional claims. … Bloom’s Fourth Amendment claim was clearly established at the time of the stop.

Ritchie v. Coldwater Community Schools

947 F. Supp. 2d 791 · District Court, W.D. Michigan · May 22, 2013

See Monteiro, 436 F.3d at 404 (noting that “if Perkins-Auguste acted with an intent to suppress Monteiro’s speech on the basis of viewpoint, she violated clearly established law and is not entitled to qualified immunity”) … Finally, Dis-ler argues that he is entitled to qualified immunity.

Whitt v. City of Rockford

700 F. Supp. 391 · District Court, N.D. Illinois · Oct 21, 1988

If their conduct did not ‘violate clearly established ... constitutional rights of which a reasonable person would have known,’ they are entitled to qualified immunity.” Bradshaw v. Zebella, 1987 U.S. Dist. … But the law is not clearly established for purposes of qualified immunity unless it has spoken to cases involving facts clearly analogous to those facing the defendant at the time he took his challenged action.

Brady v. Tamburini

District Court, D. Rhode Island · Feb 9, 2021

Chief Tamburini’s Qualified Immunity Chief Tamburini asserts that he should be afforded qualified immunity from liability in his personal capacity and moves for summary judgment on that … “But qualified immunity requires that the general right be placed in a reasonably specific context.”

Washington v. Amand

308 F. Supp. 3d 497 · District Court, District of Columbia · Apr 9, 2018

Qualified Immunity Qualified immunity protects all public officials except the "plainly incompetent [and] those who knowingly violate the law." Malley v. … Second, we inquire whether the violated right was clearly established at the time that the offending conduct occurred.

Naghtin v. Montague Fire District Board

175 F. Supp. 3d 813 · District Court, W.D. Michigan · Mar 30, 2016

Qualified Immunity Roesler argues that, even if the Court finds a constitutional violation, he is entitled to qualified immunity because the scope of the Garcetti exception was not clearly established when Naghtin was terminated … Under the qualified immunity doctrine, a government official that violated a constitutional right cannot be held liable unless the right was clearly established when the official acted. Id.

Lovi v. Village of Arlington Heights

62 F. Supp. 3d 756 · District Court, N.D. Illinois · Aug 1, 2014

Because an issue that is “just beginning to receive judicial attention” is necessarily not clearly established, qualified immunity is appropriate on this aspect of plaintiffs claim. … Defendants' sole argument in favor of qualified immunity on the failure-to-intervene claim is that the fourth amendment right infringed by defendants seizing plaintiff’s property was not clearly established.

Betts v. Jackson County Missouri

District Court, W.D. Missouri · Mar 1, 2022

“Qualified immunity shields a public official from suit for civil damages when his ‘conduct does not violate clearly established statutory or identified in the 2017 Jail Audit remained unsolved in June of 2020. … was clearly established.

Donnelly v. Peters

199 F. Supp. 2d 1372 · District Court, M.D. Georgia · Mar 7, 2002

He must allege sufficient facts to overcome Ford’s qualified immunity. … Under these facts, it cannot be said that his conduct violated a clearly established constitutional right of which a reasonable person would have known. Therefore, he is entitled to qualified immunity.

Neiberger v. Hawkins

70 F. Supp. 2d 1177 · District Court, D. Colorado · Nov 12, 1999

Qualified immunity shields government officials from liability when performing discretionary functions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “The key to the qualified immunity inquiry is the ‘objective reasonableness of the official’s conduct in light of the legal rules that were clearly established at the time the action was taken.’ ” Id.

Celec v. Edinboro University

132 F. Supp. 3d 651 · District Court, W.D. Pennsylvania · Sep 18, 2015

Dist., 800 F.3d 633 , 637-39 and n. 4 (3d Cir.2015) (discussing general principles of qualified immunity defense). … See Spady, supra, at 639 ("In order for a right to be clearly established there must be applicable precedent from the Supreme Court ...”).

Acosta Sepulveda v. Hernandez Purcell

679 F. Supp. 151 · District Court, D. Puerto Rico · Jan 12, 1988

The issue of qualified immunity will be decided herein. 2. … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Lloyd v. Lee

570 F. Supp. 2d 556 · District Court, S.D. New York · Aug 14, 2008

Qualified Immunity “The doctrine of qualified immunity shields government employees acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their conduct violated clearly established rights … On a motion to dismiss, a qualified immunity defense will prevail “if the complaint fails to allege the violation of a clearly established constitutional right.” Williams v.

Pastrana v. United States

670 F. Supp. 954 · District Court, S.D. Florida · Oct 8, 1987

Qualified Immunity 39. … that it is Defendant’s position that he is entitled to qualified immunity. 40.

Anderson v. Central Point School District No. 6

554 F. Supp. 600 · District Court, D. Oregon · Nov 16, 1982

Plaintiff does agree that Groshong is entitled to a qualified good faith immunity if he can prove objective good faith. 2 Objective good faith requires proof that Groshong’s conduct did not “violate clearly established statutory … All others are only entitled to a qualified good faith immunity. Id.

McNeally v. HomeTown Bank

District Court, D. Minnesota · Jun 21, 2022

Redmond argues he is entitled to qualified immunity because McNeally has not alleged the deprivation of a clearly established right. ECF No. 15 at 8–16; ECF No. 29 at 3–12. … Many of the same allegations supporting a “clearly established right” for qualified immunity purposes establish the objective unreasonableness of Redmond’s actions.

Baldwin v. University of Texas

945 F. Supp. 1022 · District Court, S.D. Texas · Nov 6, 1996

‘ELEVENTH AMENDMENT IMMUNITY The Eleventh Amendment bars any claims brought against a state or state agency unless Congress has abrogated the state’s immunity or the state has expressly waived its immunity to suit in federal … First, the plaintiff is required to establish a prima facie case wherein she must establish the elements of the discrimination claim. If the plaintiff proves her prima facie case, a presumption of discrimination arises.