Case law

Jones v. City of College Park, GA

540 F. Supp. 2d 1300 · District Court, N.D. Georgia · Sep 28, 2007

right is “clearly established.” … We proceed to the “clearly established” prong of the qualified-immunity inquiry only if a constitutional right would have been violated under the Plaintiffs version of the facts. Porter, 483 F.3d at 1303 (citing Lee v.

K.H. Ex Rel. Murphy v. Suter

765 F. Supp. 432 · District Court, N.D. Illinois · Apr 26, 1991

The court denied that portion of defendants’ motion which sought dismissal on qualified immunity grounds pursuant to Harlow v. … On September 24, 1990, the Seventh Circuit affirmed this court’s qualified immunity ruling in part and remanded the case to this court to “determine how much of the [first amended] complaint survives our analysis of immunity

Arbuckle v. City of Chattanooga

696 F. Supp. 2d 907 · District Court, E.D. Tennessee · Mar 8, 2010

In addition, “[qualified immunity affords government officials an immunity from suit ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … circumstances was clearly established in March of 2006.

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.

Jean v. County Of Nassau

District Court, E.D. New York · Mar 16, 2020

N.Y. 2017) (“[A] police officer is entitled to qualified immunity where [ ] his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known ….”) … established, and Defendants are therefore entitled to qualified immunity on this claim” (internal citations omitted)).

Foster v. City of Oakland

675 F. Supp. 2d 992 · District Court, N.D. California · Dec 14, 2009

Qualified Immunity Even if a law enforcement officer violates an individual’s constitutional *1005 rights, the officer may be protected by the doctrine of qualified immunity. … Qualified immunity shields a public official from individual liability for civil damages under 42 U.S.C. section 1983 so long as his conduct does not “violate clearly established statutory or constitutional rights of which

National Coalition for Students With Disabilities v. Bush

170 F. Supp. 2d 1205 · District Court, N.D. Florida · Feb 20, 2001

Under the doctrine of qualified immunity, officials cannot be held liable unless their actions violated clearly established law. … Plaintiffs have not, however, identified any other clearly established law that defendants allegedly violated.

Tarhuni v. Holder

8 F. Supp. 3d 1253 · District Court, D. Oregon · Mar 26, 2014

Thus, to avoid qualified immunity, the right allegedly violated must have been ‘“clearly established’ at the time of the challenged conduct.” … Accordingly, the Court concludes on this record that the Individual Capacity Defendants are entitled to qualified immunity in light of the fact that Plaintiff failed to allege the violation of a cognizable, “clearly established

Rex v. City of Milwaukee

321 F. Supp. 2d 1008 · District Court, E.D. Wisconsin · Jun 10, 2004

Qualified Immunity The officers argue that they are entitled to qualified immunity. … The burden of establishing the existence of a clearly established constitutional right is on the plaintiff, and it is a heavy one because qualified immunity is designed to shield from civil liability “all but the plainly

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.

Foxworthy v. Buetow

492 F. Supp. 2d 974 · District Court, S.D. Indiana · Jun 22, 2007

Qualified Immunity WCCD claims that it is entitled to qualified immunity on Foxworthy’s First Amendment retaliation claim. … is clearly established.”

Stubblefield v. City of Jackson, Miss.

871 F. Supp. 903 · District Court, S.D. Mississippi · Dec 2, 1994

That is to say, the parameters of permissible voluntary affirmative action programs are far from being clearly established. … In the court’s opinion, Mayor Ditto is entitled to qualified immunity.

Rabin v. Cook County

837 F. Supp. 2d 949 · District Court, N.D. Illinois · Nov 29, 2011

“If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id. at 202, 121 S.Ct. 2151 . … was clearly established at the time of the violation.

Fromuth v. Metropolitan Government of Nashville

158 F. Supp. 2d 787 · District Court, M.D. Tennessee · Aug 30, 2001

Qualified Immunity Sergeant Lewis claims in the alternative that he is entitled to qualified immunity as an officer acting in his official capacity who did not violate a clearly established statutory or constitutional right … A government official is not entitled to qualified immunity if his conduct results in the violation of a clearly established statutory or constitutional *796 right of which a reasonable person would have known.

Flinn v. Block

620 F. Supp. 891 · District Court, E.D. Missouri · Sep 4, 1985

Defendants allege that they are immune from damage claims because their conduct did not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." See Harlow v. … Because the law was not clearly established at that time, the Court will grant defendants' motions for summary judgment based upon defendants' qualified immunity. See Schieffer v. Block, 601 F.Supp. 90 (E.D.Mo.1984).

Michel v. Beutler

888 F. Supp. 2d 861 · District Court, N.D. Ohio · Jul 3, 2012

That being so, I find the defendants’ claim of qualified immunity to be without merit. The Sixth Circuit enunciated the elements of qualified immunity in Cherrington v. … Despite the defendants’ contentions about qualified immunity, the law is and has long been clearly established with regard to the constitutional violations which a jury could find the defendants perpetrated, namely: • Presenting

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.

Heichelbech v. Evans

798 F. Supp. 708 · District Court, M.D. Georgia · Sep 2, 1992

Defendants seek summary judgment against a potential damages claim based upon qualified immunity. … In order to overcome defendants’ claim of qualified immunity, plaintiff must show that defendants violated a clearly established right. Zeigler v. Jackson, 716 F.2d 847 (11th Cir.1983).

Parkell v. Senato

224 F. Supp. 3d 388 · District Court, D. Delaware · Dec 13, 2016

of qualified immunity. … (D.I. 50 at 1) 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

Hornfeld v. City of North Miami Beach

29 F. Supp. 2d 1357 · District Court, S.D. Florida · Nov 9, 1998

Because qualified immunity shields public officials from involvement in non-meritorious suits that interfere with the performance of their official functions, entitlement to qualified immunity must be determined at the earliest … Qualified Immunity Conferred on Public Officials The Supreme Court established a test to determine whether a public official can claim qualified immunity. See Harlow v.