Case law

Brown v. Coughlin

704 F. Supp. 41 · District Court, S.D. New York · Jan 4, 1989

Government officials enjoy qualified immunity against damages suits “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Only Henry raises qualified immunity as a defense.

McBride v. Cahoone

820 F. Supp. 2d 623 · District Court, E.D. Pennsylvania · Oct 17, 2011

Qualified Immunity With Respect To Probation Officer Don Cahoone Under the qualified immunity principle, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar … We analyze two issues when evaluating a qualified immunity question: (1) whether the facts that a plaintiff has alleged or shown make out a violation of a constitutional right, and (2) whether the right at issue was “clearly

McNeal v. MacHt

763 F. Supp. 1458 · District Court, E.D. Wisconsin · May 3, 1991

Under Harlow and its progeny, the “qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in … Morgan, 914 F.2d 846 , 851 (7th Cir.1990) (struggling with the bounds of the qualified immunity doctrine).

Tiemeyer v. Zaika

947 F. Supp. 1012 · District Court, N.D. Texas · Apr 23, 1996

established. … Child welfare investigators enjoy only qualified immunity. Id.

Stuppard-Wilson v. Muhammad

District Court, N.D. Georgia · Aug 28, 2025

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of … established at the time in order to avoid the application of qualified immunity.

Draine v. Bauman

708 F. Supp. 2d 693 · District Court, N.D. Illinois · Apr 16, 2010

The Qualified Immunity Argument Of course, that is not the end of the inquiry. A police officer might nonetheless be entitled to qualified immunity. … Although the plaintiff bears the burden of establishing that there has been a constitutional violation and that the constitutional standards were clearly established at the time of the violation, Mannoia v.

Reyes v. North Texas Tollway Authority

830 F. Supp. 2d 194 · District Court, N.D. Texas · Nov 14, 2011

Qualified Immunity The individual defendants also argue that they are entitled to qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages *210 insofar as their conduct does not violate clearly established

Looby v. City of Hartford

152 F. Supp. 2d 181 · District Court, D. Connecticut · Jan 5, 2001

A government official sued in his individual capacity is entitled to qualified immunity “where it was objectively reasonable to believe that [his] acts did not violate clearly established federally protected rights.” … The § 1983 equal protection -claims against him and his affirmative defense of qualified immunity remain for trial. b.

Alexander v. City and County of Honolulu

545 F. Supp. 2d 1122 · District Court, D. Hawaii · Feb 28, 2008

conduct did not violate any clearly established constitutional rights. … The second prong of the qualified immunity analysis determines whether the right allegedly violated was “clearly established” at the time the state official acted. Id. at 201-02, 121 S.Ct. 2151 .

Creager v. Board of Educ. of Whitley County, Ky.

914 F. Supp. 1457 · District Court, E.D. Kentucky · Feb 9, 1996

However, it has long been clearly established that one may not, acting under color of state law, separate another from employment upon the basis of one’s exercise of the freedoms of speech and/or association. … Thus the defendants’ motion to dismiss on the ground of qualified immunity will be denied.

Verner v. State of Colo.

533 F. Supp. 1109 · District Court, D. Colorado · Mar 19, 1982

QUALIFIED IMMUNITY The individual defendants also claim that the plaintiff’s § 1983 damage claims are barred by qualified immunities available to government officials. See generally Nachmod, supra, at § 8.01-15. … Accordingly, the qualified immunity defense comes into play only after the plaintiff has established a prima facie case of constitutional deprivation.

White v. Taylor

775 F. Supp. 962 · District Court, S.D. Mississippi · Jul 24, 1990

In order to overcome Harrell’s de *965 fense of qualified immunity for his personal involvement, White must establish (1) that the right allegedly violated by his continued detention on Chief Harrell’s orders was “clearly … It is well settled that Defendants do not lose their qualified immunity because they are aware that their conduct violates well-established state law. Davis v.

Heinrich Ex Rel. Heinrich v. Sweet

62 F. Supp. 2d 282 · District Court, D. Massachusetts · Aug 16, 1999

Whether the Private Defendants are Entitled to Qualified Immunity. 1. Whether Any Private Defendants May Claim Qualified Immunity. … The private defendants argue that they are entitled to summary judgment based on qualified, immunity because the constitutional rights alleged to have been violated were not clearly established at the time of the relevant

Finch v. Chapman

785 F. Supp. 1277 · District Court, N.D. Illinois · Feb 4, 1992

We have no choice but to rely on the facts submitted by Chapman. 2 The undisputed facts establish that Chapman is entitled to qualified immunity from civil damages liability. … The Seventh Circuit has established a two-step approach to qualified immunity questions, based on Harlow and Anderson .

Walsh v. Erie County Department of Job & Family Services

240 F. Supp. 2d 731 · District Court, N.D. Ohio · Jan 22, 2003

Qualified Immunity The defendants argue that, even if they committed one or more federal constitutional violations, they are entitled to the defense of qualified immunity. … were not clearly established is unavailing.

Watts v. City of Jackson

664 F. Supp. 2d 680 · District Court, S.D. Mississippi · Oct 14, 2009

Qualified Immunity Defendants claim that the individual defendants are entitled to qualified immunity from claims brought against them in their individual and official capacities. … “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 a reasonable person

Hiller v. County of Suffolk

81 F. Supp. 2d 420 · District Court, E.D. New York · Jan 21, 2000

State, 72 N.Y.2d 212 , 532 N.Y.S.2d 57 , 527 N.E.2d 1194 (1988), which articulated a distinction between absolute and qualified immunity for a public official’s discretionary acts: Whether an action receives only qualified … This case thus presents precisely the type of situation in which qualified immunity ought to apply.

Watts v. Williams

658 F. Supp. 2d 43 · District Court, District of Columbia · Sep 23, 2009

Qualified Immunity is Immunity from Suit “[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … By definition, qualified immunity is not absolute. Rather, it “is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v.

PETROLINO v. County of Spokane

678 F. Supp. 2d 1082 · District Court, E.D. Washington · Aug 14, 2009

The corrections officers seek qualified immunity. As a general rule, analyzing a request for qualified immunity is a two-step process. Saucier v. … Even assuming a jury issue exists with respect to whether Deputies Skinner and Leonetti violated the Constitution, they are entitled to qualified immunity unless it was clearly established on May 1, 2004, that corrections

Rivera-Concepción v. Commonwealth

786 F. Supp. 2d 442 · District Court, D. Puerto Rico · Sep 30, 2010

Legislative intent clearly shows that the Program is educational in nature, even though, as defendants note, participants work during their internships. … To assert a failure-to-accommodate claim, a plaintiff must establish that (1) she suffers from a “disability” within the meaning of the statute, (2) she is a qualified individual inasmuch as she is able to perform the essential