Case law

Neiswonger v. Hennessey

89 F. Supp. 2d 766 · District Court, N.D. West Virginia · Feb 25, 2000

be entitled ta qualified immunity. … The Fourth Circuit has divided the analysis of qualified immunity into three parts: “First, we must identify the right allegedly violated; second, we must decide whether the right was clearly established at the time of the

Morton v. Hall

455 F. Supp. 2d 1066 · District Court, C.D. California · Oct 5, 2006

by the 11th Amendment and qualified immunity. … Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), the Supreme Court established a three-part qualified immunity test.

Barna v. Hogan

964 F. Supp. 52 · District Court, D. Connecticut · Mar 31, 1997

that were clearly established at the time the action was taken. … Thus, in the absence of a showing that these defendants violated any clearly established right of plaintiffs, their actions must be deemed objectively reasonable, entitling them to qualified immunity.

Hill v. Government of the Commonwealth

1 N. Mar. I. Commw. 905 · District Court, Northern Mariana Islands · Feb 21, 1984

were only entitled to a qualified immunity. … If the law was clearly established, the immunity defense should fail since a reasonably competent public official should know the law governing his conduct.

Seattle Affiliate of the October 22nd Coalition to Stop Police Brutality, Repression & the Criminalization of a Generation v. City of Seattle

430 F. Supp. 2d 1185 · District Court, W.D. Washington · Apr 20, 2006

When a defendant claims qualified immunity from civil damages, plaintiff is required to show that the official has violated “clearly established statutory or constitutional rights of which a reasonable person would have known … clearly established at the time he or she acted.

Gilbert v. City of Minneapolis

District Court, D. Minnesota · Jul 26, 2024

Bryant, 502 U.S. 224, 226 (1991) (analyzing agent’s motion for summary judgment on qualified immunity grounds); see also Lampkins v. … The Court declines to address qualified immunity at this time. in their favor. Id. at 255.

Hoffman v. DeWitt County

176 F. Supp. 3d 795 · District Court, C.D. Illinois · Mar 31, 2016

; (3) Markwell does not have qualified immunity in his individual capacity because clearly established in the law prohibits Markman’s alleged retaliation against Hoffman; (4) Markwell does not have immunity under the Noerr-Pennington … Markwell is not protected by qualified immunity because his alleged actions violate clearly established law.

Hodge v. Carroll County Department of Social Services

812 F. Supp. 593 · District Court, D. Maryland · Sep 21, 1992

Qualified Immunity Qualified immunity acknowledges that subjecting public officials with discretionary functions to insubstantial lawsuits burdens not only the defendant officials, but society as a whole. Harlow v. … Accordingly, public officials enjoy qualified immunity from liability under § 1983 unless their actions violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Spiegel v. Cortese

966 F. Supp. 684 · District Court, N.D. Illinois · Jun 3, 1997

Qualified Immunity The availability of qualified immunity is generally a legal question for the court to decide “at the earliest possible stage in litigation.” Forman v. … Despite this clearly established law, Córtese and Kajari would still be entitled to qualified immunity if a reasonable police officer could have mistakenly believed that there was probable cause to arrest Spiegel.

Wesolowski v. Washburn

615 F. Supp. 2d 126 · District Court, W.D. New York · May 18, 2009

, however, I agree with defendants that they are entitled to qualified immunity from liability for their actions in that regard. … Particularly given the applicable DOCS regulations (which themselves do not appear to be inconsistent with inmates’ federal constitutional rights), defendant’s “actions did not violate any of plaintiffs clearly established

Krocka v. Riegler

958 F. Supp. 1333 · District Court, N.D. Illinois · Mar 21, 1997

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from civil damages insofar, as their conduct does not violate clearly established statutory or constitutional … In other words, to defeat Bransfield’s qualified immunity defense to the Fourth Amendment claim, Krocka argues that Bransfield violated the ADA — clearly *1345 established statutory law of which a reasonable person would

Montes v. Gallegos

812 F. Supp. 1159 · District Court, D. New Mexico · Jun 5, 1992

Likewise, an officer cannot utilize the protection of the qualified immunity defense if a reasonably well-trained officer in the same position would have known that the affidavit failed to establish probable cause and that … Defendants urge me to construe the qualified immunity question as follows: “whether it was clearly established in November, 1990, that it was unconstitutional for an officer to arrest the plaintiff and other assailants who

Nelson v. City of Elmhurst

691 F. Supp. 122 · District Court, N.D. Illinois · Jun 30, 1988

To overcome a defense of qualified immunity, the plaintiff must show that the defendant violated clearly established rights of which a reasonable person would have known. Harlow v. … Nelson has the burden of establishing that Officer Kazarian violated a constitutional right that was clearly established on May 8, 1987. Rakovich v. Wade, 850 F.2d 1180, 1209 (7th Cir.1988).

Bishop v. Glazier

868 F. Supp. 2d 829 · District Court, D. Minnesota · Jun 15, 2012

Qualified immunity Having determined what facts to consider in its analysis, the Court proceeds to address Count I, the excessive-force claim, for which Glazier argues that he is entitled to qualified immunity. … Qualified immunity protects state actors unless they have “violate[d] clearly established ... constitutional rights of which a reasonable person would have known.” Mitchell, 472 U.S. at 524 , 105 S.Ct. 2806 .

Carter v. Fagin

363 F. Supp. 2d 661 · District Court, S.D. New York · Mar 31, 2005

Perilli’s motion for dismissal on the ground of qualified immunity because a reasonable jury could find that Dr. … Doe, supra—defendant Perilli is not entitled to qualified immunity as a matter of law.

Yoder v. Ryan

318 F. Supp. 2d 601 · District Court, N.D. Illinois · Apr 30, 2004

Qualified immunity is an affirmative defense which protects public officials from civil liability where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … These are clearly established rights any reasonable person would be aware of. Mr. Frederking has not established that he is entitled to the protection of qualified immunity at this stage of the proceedings.

Estate of Cooper by and Through Cooper v. Leamer

705 F. Supp. 1081 · District Court, M.D. Pennsylvania · Feb 10, 1989

Merits of the Civil Rights Claims/Qualified Immunity: Count IV The defendants claim they are entitled to summary judgment on the plaintiffs' civil rights claims on the merits and because of qualified immunity. … The question in determining the existence of qualified immunity is whether a reasonable person could have believed the defendant’s action to be lawful in light of clearly established law and the information he possessed.

Umbehr v. McClure

840 F. Supp. 837 · District Court, D. Kansas · Dec 30, 1993

Qualified, Immunity Under the doctrine of qualified immunity, summary judgment must be granted against any damages claim plaintiff has against defendants for actions taken in their capacities as government officials. … Therefore, defendants are entitled to qualified immunity from damages for any actions taken by them as public officials. See Lundblad v.

Swain v. Spinney

932 F. Supp. 25 · District Court, D. Massachusetts · Jul 5, 1996

In any event, the defendants are entitled to qualified immunity from Swain’s lawsuit. … A police officer has the benefit of qualified immunity unless the plaintiff can establish that the right she asserts was clearly established at the time of the alleged violation. St. Hilaire v.

Colburn v. Odom

District Court, N.D. Alabama · Sep 23, 2019

and have not sufficiently alleged a constitutional violation against Odom, she also is entitled to qualified immunity. … of a clearly established law.”).