Case law

Parsons v. City of Philadelphia Coordinating Office of Drug & Alcohol Abuse Programs

833 F. Supp. 1108 · District Court, E.D. Pennsylvania · Oct 7, 1993

Once this has been established, the burden then shifts to the employer to establish a legitimate reason for taking the alleged discriminatory action. Weldon, 896 F.2d at 797 ; Lewis, 725 F.2d at 914 . … Once this has been established, it is up to the plaintiff to establish that the employer’s nondiscriminatory reason was merely pretextual. Weldon, 896 F.2d at 797 , Lewis, 725 F.2d at 914 .

Graham v. City of New York

128 F. Supp. 3d 681 · District Court, E.D. New York · Sep 10, 2015

A police officer is entitled to qualified immunity from suit brought pursuant to Section 1983 if either “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … July 25, 2007) (noting that "the right not to be arrested without probable cause was clearly established at the time of the incident in question"). .

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

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 .

Lopez-Sanchez v. Vergara-Agostini

419 F. Supp. 2d 78 · District Court, D. Puerto Rico · Feb 24, 2006

QUALIFIED IMMUNITY “Qualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate ‘clearly established’ statutory authority or … The defendants are not entitled to prevail on the affirmative defense of qualified immunity since it was clearly established in 2002 that discharging someone based upon political affiliation from a position other than trust

Piggie v. Riggle

548 F. Supp. 2d 652 · District Court, N.D. Indiana · Mar 21, 2008

Qualified immunity protects only the person who committed a Constitutional violation, but who could not have known that it was a Constitutional violation because no court in a controlling jurisdiction had clearly established … Under the circumstances, however, qualified immunity is not applicable here because Ms. Riggle has not made the requisite admissions to support a qualified • immunity defense. See Jones v.

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.

Hernandez v. Pasco County Sheriff's Department

District Court, M.D. Florida · Mar 6, 2023

Assuming probable cause and arguable probable cause were lacking, he claims that qualified immunity still applies because there was no violation of clearly established 4 The Complaint does not state whether these claims … Qualified immunity shields federal and state officials from money damages unless the plaintiff can establish that (1) the official violated a statutory or constitutional right, and (2) the right was clearly

Wolf v. Napier

742 F. Supp. 1014 · District Court, N.D. Indiana · Jan 8, 1990

It is a closer question, but it *1020 is this court’s conclusion that those facts fit under the absolute immunity of Imbler v. Pachtman, rather than the qualified immunity of Malley v. Briggs. … Officials performing discretionary functions are entitled to qualified immunity from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Ashraf-Hassan v. Embassy of France in the United States

40 F. Supp. 3d 94 · District Court, District of Columbia · Apr 17, 2014

Finally, a foreign state may implicitly waive its right to claim immunity when it agrees to submit a dispute to arbitration in the United States. See Maritime Int’l Nominees Establishment v. … [U.S. courts] are clearly best able to interpret and apply the laws of this country.” Id.

Rush v. City of Mansfield

771 F. Supp. 2d 827 · District Court, N.D. Ohio · Feb 11, 2011

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), the Supreme Court established a two-prong test for evaluating the claim of qualified immunity. … analysis of qualified immunity.

D.K. ex rel. L.K. v. Teams

260 F. Supp. 3d 334 · District Court, S.D. New York · Jul 5, 2017

Nor, to the extent that the defendants invoke qualified immunity, is qualified immunity available to defendants for such conduct, based on the pleadings. … “Even if the' right at issúe was clearly established in certain respects, however, an officer is still entitled to qualified immunity if ‘officers of .reasonable competence could disagree’ on the legality of the action at

Waldron v. Spicher

349 F. Supp. 3d 1202 · District Court, M.D. Florida · Oct 5, 2018

SUMMARY JUDGMENT Spicher seeks summary judgment in his favor, claiming he is entitled to qualified immunity because the undisputed material facts show that he did not violate a clearly established constitutional right. … Anthony's constitutional right was clearly established .

Hatcher v. Cheng

63 F. Supp. 3d 893 · District Court, S.D. Illinois · Aug 7, 2014

Furthermore, Cheng is entitled to qualified immunity because Hatcher has not alleged that Cheng has violated a clearly established right. … Similar to Count 3, the Court also concludes that Kempf-Leonard is entitled to qualified immunity because Hatcher has not alleged that Cheng violated a clearly established right and has not come forward with a clearly analogous

Perez v. Lane

794 F. Supp. 286 · District Court, C.D. Illinois · Mar 19, 1992

Officials cannot receive qualified immunity if their conduct violates clearly established constitutional rights of which a reasonable person would have known. Conner v. … That Hispanics are protected from discrimination under the equal protection clause of the Fourteenth Amendment is clearly established, and a reasonable person would have known this.

Perez v. Agostini

37 F. Supp. 2d 103 · District Court, D. Puerto Rico · Jan 21, 1999

The qualified immunity doctrine protects state officials from civil liability under section 1983 so long as their conduct does not violate a clearly established constitutional right of which a reasonable official would have … A state actor claiming qualified immunity must do so either under a theory that the asserted constitutional right was not clearly established or under the theory that his conduct satisfies the test of objective legal reasonableness

Deboe v. Korneman

District Court, W.D. Missouri · Jan 7, 2022

“Qualified immunity shields state officials from both civil liability and the burdens of litigation unless their conduct violates a clearly established right of which a reasonable person would have known.” … the right was clearly established at the time of the alleged infraction.”

Day v. City of Atlanta

District Court, N.D. Georgia · Jul 5, 2022

Qualified Immunity as to Officer Gachette Finally, the Defendants contend that the false imprisonment claim against Officer Gachette is precluded by the doctrine of qualified immunity … , there is no necessity for further inquiries concerning qualified immunity.”

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.

Johnson v. Western State Colorado University

71 F. Supp. 3d 1217 · District Court, D. Colorado · Oct 24, 2014

was clearly established at the time of Defendants’ actions. … constitutional violation of which Plaintiff complains *1230 was clearly established at the time of Defendants’ actions. .