Case law

Turkowitz v. Town of Provincetown

914 F. Supp. 2d 62 · District Court, D. Massachusetts · Oct 26, 2012

The judicially engrafted doctrine of qualified immunity shields police officers from § 1983 liability if the constitutional right at issue was not “clearly established” at the time of the alleged violation. … Because this right has not been clearly established, defendants are entitled to qualified immunity on his claim. Plaintiff Richardson’s claim stands on different footing.

Buck v. Puerto Rico Symphony Orchestra Corp.

849 F. Supp. 141 · District Court, D. Puerto Rico · Apr 20, 1994

Qualified Immunity Qualified immunity shields government officials from personal liability for money damages for discretionary actions not vio-lative of a clearly established statutory or constitutional right of which a reasonable … Thus, defendant Alonso is not entitled to qualified immunity. IV.

Tobey v. Napolitano

808 F. Supp. 2d 830 · District Court, E.D. Virginia · Aug 30, 2011

The doctrine of qualified immunity shields government officials exercising discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … established law, it may be that the qualified immunity question cannot be resolved without discovery.

Marks One Car Rental, Inc. v. Auto Club Group Insurance

55 F. Supp. 3d 977 · District Court, E.D. Michigan · Oct 22, 2014

And, both statutory provisions clearly grant the protection of immunity .to persons who have provided information related to investigations of suspected arson and suspected insurance fraud if they acted without malice. … Plaintiffs say that the qualifier applies to everyone, including an insurer, and grants immunity if they give information to an insured relating to reasons for cancellation, nonrenewal or decimation.

Johnson v. Connecticut, Department of Corrections

392 F. Supp. 2d 326 · District Court, D. Connecticut · Sep 28, 2005

Johnson argues that this proffered reason must be pretextual because he was, in fact, more qualified for the position than Prince. Johnson has clearly established the first three prongs of his prima facie case. … Additionally, Johnson cannot establish his claim by arguing that he was clearly more qualified than Prince, thus either demonstrating an inference of discrimination, or, alternatively, that the employer’s proffered reasons

Clynch v. Chapman

285 F. Supp. 2d 213 · District Court, D. Connecticut · Sep 30, 2003

This does not preclude the Court from raising the immunity question on its own, especially where the defendants have invoked the cousin issue of qualified immunity. See Jean v. … City of Hartford, 249 F.Supp.2d 163, 175 (D.Conn.2003)(Stating "[i]t is not clearly established that failure to seek medical treatment precludes a showing of severe emotional distress sufficient to establish a claim of intentional

Dairy v. Bonham

25 F. Supp. 3d 1284 · District Court, N.D. California · Mar 7, 2014

the Qualifying Period.” … Thus, the undisputed facts establish showing the statute at issue does not discriminate against nonresidents sufficiently to trigger scrutiny under the Privileges and Immunities Clause under Hillside Dairy and Chalker .

Myers v. Medical Center of Delaware, Inc.

86 F. Supp. 2d 389 · District Court, D. Delaware · Jan 19, 2000

Therefore, they enjoy qualified immunity from suit. … Qualified immunity.

Reeves Ex Rel. Jones v. Besonen

754 F. Supp. 1135 · District Court, E.D. Michigan · Jan 15, 1991

QUALIFIED IMMUNITY Even if the Plaintiff could show that the Defendants here did owe him a constitutional duty of protection against the assault by his fellow students, the doctrine of qualified immunity would shield the … assessed in light of the legal rules that were clearly established at the time it was taken.”

Tapley v. Collins

41 F. Supp. 2d 1366 · District Court, S.D. Georgia · Mar 26, 1999

For that reason, if a government official is acting wholly outside his discretionary authority, he is not entitled to qualified immunity regardless of whether the law in a given area was clearly established”). … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions [at the time of the challenged conduct] by the U.S.

Geist v. Ammary

40 F. Supp. 3d 467 · District Court, E.D. Pennsylvania · Aug 22, 2014

Qualified immunity is intended to shield government *483 officials performing discretionary functions, including police officers, “from liability from civil damages insofar as their conduct does not violate clearly established … If one part of the analysis is met, then qualified immunity may be available. See id. at 243-44 , 129 S.Ct. 808 (finding that qualified immunity available because no violation of clearly established law). .

Warkentine v. Soria

152 F. Supp. 3d 1269 · District Court, E.D. California · Jan 21, 2016

Qualified Immunity “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 … “For the second step in the qualified immunity analysis — whether the constitutional right was clearly established at the time of the .conduct — the critical question is whether the contours of the right were ‘sufficiently

United States Ex Rel. Casanova v. Fitzpatrick

214 F. Supp. 425 · District Court, S.D. New York · Jan 16, 1963

It would simply qualify them as eligible for inclusion on the list. … Following the effective date of the Headquarters Agreement, a procedure was established to implement the required tri-partite consent under section 15(2) with respect to those qualified thereunder.

Bailey v. City of New York

79 F. Supp. 3d 424 · District Court, E.D. New York · Jan 15, 2015

Qualified Immunity Qualified immunity protects federal and state officials from money damages and “unnecessary and burdensome discovery or trial proceedings.” Coollick v. … ’s actions were objectively unreasonable in light of clearly established law.”

United States v. Lumumba

578 F. Supp. 100 · District Court, S.D. New York · Nov 17, 1983

Lumumba has not sought diplomatic immunity under the Treaty nor would it be possible for him to qualify for such immunity. … Article 31 establishes that: "A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving state.”

Latson v. Clarke

346 F. Supp. 3d 831 · District Court, W.D. Virginia · Nov 6, 2018

Qualified Immunity. … Unfortunately for Latson, the qualified immunity inquiry looks not to evolving standards of decency but to clearly established law.

Thomas v. City of Seattle

395 F. Supp. 2d 992 · District Court, W.D. Washington · Apr 20, 2005

Qualified Immunity of Officer Martin Qualified immunity is an “entitlement not to stand trial or face the other burdens of litigation.” Saucier v. … As a result, the court denies Officer Martin’s motion for summary judgment on the basis of qualified immunity. 3.

Mangino v. Incorporated Village of Patchogue

739 F. Supp. 2d 205 · District Court, E.D. New York · Sep 23, 2010

Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them … established” on July 25, 2005, such as to abrogate Poulos's qualified immunity on that ground. 48 .

Munyiri v. Haduch

585 F. Supp. 2d 670 · District Court, D. Maryland · Nov 2, 2008

Secretary Maynard and Warden Williams assert their right to qualified immunity. In assessing a claim of qualified immunity, the court employs a two-pronged analysis. Saucier v. … If a constitutional violation has occurred, the second step requires the court to consider whether the right was clearly established, measured by whether a reasonable officer would have believed the conduct to be lawful under

Hamilton v. City of New Haven

213 F. Supp. 2d 125 · District Court, D. Connecticut · Jul 1, 2002

[ ] ... in light of the legal rules that were clearly established at the time it was taken.” … Pelzer, — U.S. -, 122 S.Ct. 2508, 2515-16 , 153 L.Ed.2d 666 (2002), in order to defeat qualified immunity.