Case law

Watson v. District of Columbia

District Court, District of Columbia · Jul 19, 2024

Mot. at 6 n.5, arguing only that Director Faust is not entitled to qualified immunity. … Escorsio, 764 F.3d 102, 111 (1st Cir. 2014) (refusing, at the summary judgment stage, to grant qualified immunity to officers based on defendants’ concession that “clearly established law” required officers to take “some

Nuovo v. the Ohio State University

726 F. Supp. 2d 829 · District Court, S.D. Ohio · Jul 16, 2010

The Sixth Circuit has also explained that qualified immunity “shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … City of Covington, 933 F.2d 390, 392 (6th Cir.1991) (“A public official is entitled to qualified immunity for conduct in performing discretionary functions so long as that conduct does not violate clearly established statutory

Walker v. Raja

District Court, E.D. New York · Feb 7, 2020

Qualified Immunity Qualified immunity protects government officials from liability for civil damages “if their conduct does not violate clearly established statutory … their qualified immunity.

Doe v. University of Colorado, Boulder ex rel. Board of Regents

255 F. Supp. 3d 1064 · District Court, D. Colorado · May 26, 2017

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … “A right is clearly established in this circuit when a Supreme Court or Tenth Circuit decision is on point, or if the clearly established weight of authority from other courts shows that the right must be as the plaintiff

DiLegge v. Gleason

131 F. Supp. 2d 520 · District Court, S.D. New York · Feb 13, 2001

clearly established statutory or constitutional rights of which a reasonable person would have known.” … Defendants are entitled to qualified immunity if their action either 1) did not violate clearly established law, or 2) was objectively reasonable.

Kenney v. Clay

172 F. Supp. 3d 628 · District Court, N.D. New York · Mar 23, 2016

Qualified Immunity Qualified immunity shields police officers, like other public officials, from the specter of civil liability “when their ‘con *638 duct does not violate clearly established statutory or constitutional rights … For the foregoing reasons, defendants’ request for qualified immunity is denied. B.

Rudolph Ex Rel. Williams v. Lowndes County Board of Education

242 F. Supp. 2d 1107 · District Court, M.D. Alabama · Jan 15, 2003

The court recognizes that the Eleventh Circuit’s qualified immunity analysis in Thomas has been vacated. … deprive individual defendants of qualified immunity.

Estate of Lopez ex rel. Lopez v. Torres

105 F. Supp. 3d 1148 · District Court, S.D. California · Apr 29, 2015

Plaintiffs respond that Defendant is not entitled to qualified immunity because his complaint alleges factual allegations supporting clearly established constitutional violations. (ECF No. 14 at 21-24.) … Qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

Eichelman v. Lancaster County

510 F. Supp. 2d 377 · District Court, E.D. Pennsylvania · Aug 21, 2007

Scherer, 468 U.S. 183 , 197 & n. 11, 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) *387 (an official does not lose qualified immunity if her conduct violated clearly established state law where the conduct did not violate clearly … Individual municipal officials named in a § 1983 action in their individual or personal capacities enjoy qualified immunity from liability under § 1983 so long as “their conduct does not violate clearly established statutory

Dahl v. Weber

585 F. Supp. 2d 1131 · District Court, D. South Dakota · Aug 5, 2008

WHETHER DEFENDANTS ARE ENTITLED TO QUALIFIED IMMUNITY ON DAHL’S 1983 CAUSE OF ACTION? … The Eighth Circuit has established the following three-part test to determine whether a plaintiff may overcome qualified immunity: “[T]he plaintiff must ‘assert a violation of a constitutional or statutory right; that right

Bradley v. Ramsey

329 F. Supp. 2d 617 · District Court, W.D. North Carolina · Mar 25, 2004

Qualified immunity. The Woodfin Defendants, without citing a single authority, state that the doctrine of qualified immunity protects them from Plaintiffs state .law claims. Their assertion fails for two reasons. … Second, in the motion before the Court, the Defendants attempt to assert the qualified immunity defense only *626 against Bradley’s state law claims. 4 But qualified immunity does not protect governmental officials against

Chandie v. Whelan

21 F. Supp. 2d 170 · District Court, E.D. New York · Sep 3, 1998

“The right to be free of excessive force is clearly established. That there are constitutional limitations on the use of deadly force ... is also clearly established.” Salim v. … Fitzgerald, 457 U.S. 800, 817-818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982)). 2 The standard for establishing a defense of qualified immunity is not in dispute: “A qualified immunity defense is established if a) the defendant

Hernandez v. Cate

918 F. Supp. 2d 987 · District Court, C.D. California · Jan 18, 2013

Regardless of whether or not a constitutional violation occurred, qualified immunity is available if *1020 the right allegedly violated was not “clearly established.” … On analogous facts, at least one other district court has denied a motion to dismiss on the basis of qualified immunity under the “clearly established law” prong. See Armstead, 2012 WL 2577562 , at *6-*7.

Vigil v. United States

District Court, D. New Mexico · Apr 26, 2024

Taylor, 529 U.S. 362, 390 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”). … This argument also fails to establish prejudice because the DNA evidence was only part of the mountain of direct and circumstantial evidence against Vigil.

Holley v. Town of Camp Hill

351 F. Supp. 3d 1359 · District Court, M.D. Alabama · Oct 29, 2018

Evans and Potts are thus entitled to qualified immunity. But under the Supreme Court's recent decision in Lozman v. … It was not clearly established in December 2015 that an arrest supported by probable cause could violate the First Amendment.

JL ex rel. Thompson v. New Mexico Department of Health

131 F. Supp. 3d 1248 · District Court, D. New Mexico · Feb 17, 2015

immunity on or before December 18, 2013, the parties agreed to stay discovery pending the Court’s resolution of the issue of qualified immunity, and the State Defendants raised qualified immunity approximately six months … The DOH Defendants' affidavit establishes (hat, at (he time the parties filed these motions, they agreed that litigation would be stayed pending ruling on the motions raising qualified immunity.

McGarvey v. Biswell

993 F. Supp. 1198 · District Court, C.D. Illinois · Feb 20, 1998

Government officials performing discretionary functions enjoy immunity from personal liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional rights of which a … To conclude that the search and arrest in this case violated clearly established law based on the uninterpreted language of these statutes would rim afoul of the principle that “public officials are entitled to immunity unless

Hron v. Jenkins

15 F. Supp. 2d 1082 · District Court, D. Kansas · Jul 30, 1998

If plaintiff meets his initial burden, defendants then assume the summary judgment burden of establishing that there are no disputed material facts that would defeat their claim for qualified immunity. Woodward v. … Defendants are thus entitled to qualified immunity against plaintiffs claim for damages, and entitled to judgment as a matter of law.

Sanchez v. City of Littleton

District Court, D. Colorado · Jul 29, 2022

Qualified immunity protects such conduct. Id. If Graham is not enough for clearly established law, Plaintiffs point to two other cases: Valdez v. … Assuming that it does provide some precedential value in the qualified immunity analysis, the facts of Allen are too materially different to create clearly established law.

Turner v. Rataczak

28 F. Supp. 3d 818 · District Court, W.D. Wisconsin · Jun 18, 2014

Qualified Immunity In the .alternative, defendant argues that he is entitled to qualified immunity on plaintiffs excessive force claim. … Qualified immunity applies whenever a government official’s actions, even if unconstitutional, did not violate the “clearly established law” at the time. Pearson v.