Case law

Maryland State Conference of NAACP Branches v. Maryland Department of State Police

72 F. Supp. 2d 560 · District Court, D. Maryland · Sep 30, 1999

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory … In regard to qualified immunity, the plaintiffs do not suggest there was a clearly established right to have “balanced” statistics (see Defts.

Russo v. Voorhees Township

403 F. Supp. 2d 352 · District Court, D. New Jersey · Nov 29, 2005

Governmental officials are generally granted qualified immunity so that they are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. Saucier v.

May v. City of Springfield

492 F. Supp. 2d 795 · District Court, S.D. Ohio · Sep 23, 2005

Accordingly, the Court turns to the second step of the qualified immunity analysis, to determine if the constitutional right was clearly established. In Sample v. … turn to the second step of the qualified immunity analysis — whether the constitutional right at issue was clearly established.

Oliver v. Woods

21 F. Supp. 2d 1325 · District Court, D. Utah · Sep 28, 1998

Defendants’ Entitlement to Qualified Immunity. … would defeat the claim of qualified immunity.

Trejo v. Wattles

654 F. Supp. 1143 · District Court, D. Colorado · Feb 25, 1987

QUALIFIED IMMUNITY Whether defendants Wattles and Carter are entitled to qualified immunity is determinative in deciding whether they are subject to liability under 42 U.S.C. section 1983 . … They have been held, however, to be entitled to a qualified or good faith immunity under Section 1983 unless they violate a clearly established constitutional or statutory right of which they knew or should have known at

Vendouri v. Gaylord, et al.

2010 DNH 155 · District Court, D. New Hampshire · Aug 27, 2010

“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 … Because Vendouri has identified no other basis for determining that the right on which she bases her claim was clearly established, the school defendants are entitled to qualified immunity. 3 The right

McKissic v. Miller

37 F. Supp. 3d 907 · District Court, N.D. Ohio · Aug 1, 2014

A defendant cannot be held responsible for violating a “clearly established right” unless the parameters of the established right are “sufficiently definite that any reasonable officer in the defendant’s shoes would have … This Court has also failed to find any cases that would support qualified immunity under these alleged facts during its independent review.

Penn v. Chicago State University

162 F. Supp. 2d 968 · District Court, N.D. Illinois · Mar 30, 2001

clearly established at the time in question.” … Penn’s right to be free from arrest without probable cause was clearly established at the time he was arrested.

Ahlers v. Schebil

966 F. Supp. 518 · District Court, E.D. Michigan · Apr 30, 1997

Qualified Immunity. … the Washtenaw County Defendants’ qualified immunity, will examine if Ah-lers was deprived of this right. a.

Joubert-Vazquez v. Alvarez-Rubio

820 F. Supp. 2d 289 · District Court, D. Puerto Rico · Oct 24, 2011

The Qualified Immunity Defense Defendants also contend that the Qualified Immunity doctrine bars Plaintiffs’ personal capacity claims against co-defendants Alvarez and Rivera. … The second step of the qualified immunity analysis, in turn, has two aspects.

Mertz Ex Rel. Mertz v. Houstoun

155 F. Supp. 2d 415 · District Court, E.D. Pennsylvania · Jul 30, 2001

The MCCA amended the Medicaid Act to establish a mechanism to protect couples from being forced to deplete their assets to qualify for Medicaid. … Inc., 151 F.3d 439, 443 (5th Cir.1998) (discussing distinction between Eleventh Amendment immunity and state sovereign immunity).

Boles v. Neet

402 F. Supp. 2d 1237 · District Court, D. Colorado · Nov 30, 2005

He essentially argues that qualified immunity should attach here because his conduct did not violate a “clearly established” constitutional right, as required in Saucier v. … This Court rejected the argument then, stating: While a defendant charged with a constitutional violation receives qualified immunity when the right asserted is not clearly established, the right that has been established

Cribb v. Pelham

552 F. Supp. 1217 · District Court, D. South Carolina · Nov 24, 1982

Plaintiffs assert, and this court acknowledges, that case law subsequent to the Imbler decision has established that a prosecutor is entitled only to qualified immunity for actions taken in an administrative or investigative … to the qualified immunity which Plaintiffs concede.”

Columbian Financial Corp. v. Stork

216 F. Supp. 3d 1267 · District Court, D. Kansas · Oct 19, 2016

This court dismissed the action based on Younger abstention and qualified immunity. … The panel likewise concluded that “the delay in a postdeprivation hearing did not violate a clearly established constitutional right.” Id. at 402 .

Sarf v. Town of Huntington

702 F. Supp. 395 · District Court, E.D. New York · Dec 14, 1988

Qualified Immunity The Second Circuit has recently set forth the general principles regarding when a state official is entitled to a qualified immunity from suit: It is settled that “government officials performing discretionary … ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Lytle Ex Rel. Estate of Lytle v. Bexar County

543 F. Supp. 2d 656 · District Court, W.D. Texas · Feb 14, 2008

Defense of Qualified Immunity Defendant O’Donnell asserts qualified immunity as a defense to Plaintiffs claim of excessive force. Saucier v. … The inquiry next turns to whether the rights allegedly violated were clearly established.

DESFOSSES v. Keller

667 F. Supp. 2d 1210 · District Court, D. Idaho · Sep 22, 2009

Defendant also argues that her status as a public official bars Plaintiffs action the grounds of qualified immunity. … Qualified Immunity It is well settled that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Bettis v. Bowser

District Court, District of Columbia · Sep 21, 2020

“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 … Defendants “are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.”’

Lasalvia v. City of Evanston

806 F. Supp. 2d 1043 · District Court, N.D. Illinois · Apr 15, 2011

. § 1983 alleging violations of constitutional rights, qualified immunity shields an official from liability for civil damages, provided that the illegality of the official’s conduct was not clearly established at the time … In determining whether Defendant Officers are entitled to qualified immunity, the Court must decide whether: (1) the facts as alleged make out a violation of a constitutional right; and (2) that right was clearly established

Blanchard v. Newton

865 F. Supp. 2d 709 · District Court, M.D. Louisiana · Jun 7, 2012

Eleventh Amendment Immunity The Eleventh Amendment prohibits an individual from suing a state in federal court, “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity … principles of sovereign immunity by suing a state official, in his official capacity, while clearly seeking retroactive monetary relief that would require the State of Louisiana to act, out of the public treasury, to satisfy