Case law

Mangiafico v. Blumenthal

358 F. Supp. 2d 6 · District Court, D. Connecticut · Mar 2, 2005

Courts do not have “license to establish immunities from § 1983 actions in the interests of what we judge to be sound public policy,” Tower v. … receives only qualified immunity.

Anderson v. United States

107 F. Supp. 2d 191 · District Court, E.D. New York · May 18, 2000

A claim of qualified immunity in a Bivens action is considered under the same standards as a qualified immunity defense in a Section 1983 case. Wilson, 526 U.S. at 609 , 119 S.Ct. 1692 ; Jones v. New York State Div. … clearly established at the time of the alleged violation.

Lippman v. City of Miami

724 F. Supp. 2d 1240 · District Court, S.D. Florida · Jul 19, 2010

“[(Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Based on Shop’s formulation of the clearly established question, the Court rejects the formulation of the clearly established question presented by Defendants. 13 .

Johnson v. Town of Nantucket

550 F. Supp. 2d 179 · District Court, D. Massachusetts · Apr 7, 2008

Qualified Immunity The Supreme Court and the First Circuit Court of Appeals have set forth a preferred procedure for the analysis of qualified immunity in § 1983 claims. *184 First, the Court must ask whether the plaintiff … Second, the Court must determine whether the right was “clearly established at the time of the alleged violation”. Abrew-Guzman, 241 F.3d at 73 .

Wilkinson v. Bensalem Township

822 F. Supp. 1154 · District Court, E.D. Pennsylvania · Apr 16, 1993

Legal Analysis Qualified immunity insulates a governmental official from liability for civil damages when the discretionary conduct of that official “does not violate clearly established statutory or constitutional rights … When analyzing a claim of qualified immunity, we must “first ... identify the specific constitutional right allegedly violated, then ... inquire whether at the time of the alleged violation it was clearly established, then

Novick v. Staggers

913 F. Supp. 2d 606 · District Court, N.D. Illinois · Dec 20, 2012

Qualified Immunity The Court does not find much new ground trod by Plaintiff in his Motion in regards to the Court’s finding on qualified immunity. . … Analysis of qualified immunity involves two questions: (1) whether a constitutional right was violated using plaintiffs version of the facts, and (2) whether that right was clearly established at the time. Surita v.

Doe v. Ohio State Univ.

311 F. Supp. 3d 881 · District Court, S.D. Ohio · Apr 24, 2018

City of Chattanooga, Tenn. , 768 F.3d 464 , 478 (6th Cir. 2014), qualified immunity shields Defendants from liability unless they "violated a clearly established constitutional right," id. at 485 . … Therefore, both are entitled to qualified immunity. B.

Martin v. Mendoza

230 F. Supp. 2d 665 · District Court, D. Maryland · Nov 12, 2002

established right of plaintiff secured by the Fourth Amendment; (2) even if Mendoza committed one or more errors of constitutional magnitude, nevertheless, he is entitled to the benefit of the qualified immunity defense … West, 237 F.3d 356 (4th Cir.2001)(same; affirming denial of summary judgment sought on the ground of qualified immunity; genuine dispute of material fact present); Henderson v.

Myers v. Hasara

51 F. Supp. 2d 919 · District Court, C.D. Illinois · Jun 8, 1999

liability based upon the doctrine of qualified immunity. … Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights

Whittington v. Vaughn

289 F. Supp. 2d 621 · District Court, E.D. Pennsylvania · Nov 3, 2003

The Commonwealth defendants, as state officials, are entitled to the protection of qualified immunity. … Qualified immunity protects government officials from damages liability in § 1983 suits unless there has been a constitutional violation of a clearly established right. Conn v.

Lash v. Lemke

971 F. Supp. 2d 85 · District Court, District of Columbia · Sep 20, 2013

Those entitled to qualified immunity have "immunity from suit rather than a mere defense to liability." Hunter v. Bryant, 502 U.S. 224, 227 (1991) (internal quotation omitted). … Accordingly, to defeat a government official's claim of qualified immunity, a plaintiff must show both (1) that the facts alleged or shown make out a violation of a constitutional right, and (2) that the right was clearly

Sylvester v. City of New York

385 F. Supp. 2d 431 · District Court, S.D. New York · Sep 6, 2005

The plaintiffs counter that qualified immunity is an affirmative defense, and that the burden is on the individual defendants to show that they are entitled to qualified immunity on each of the remaining causes of action … As articulated in by the Second Circuit Court of Appeals in McCullough: A government agent enjoys qualified immunity when he or she performs discretionary functions if either (1) the conduct did not violate clearly established

Randle v. Alexander

170 F. Supp. 3d 580 · District Court, S.D. New York · Mar 16, 2016

Qualified Immunity The doctrine of qualified immunity protects prison officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Feb. 22, 2011) (rejecting a qualified immunity argument “in [the] inmate suicide context”). *597 The Mental Health Defendants’ argument for qualified immunity also fails.

Buehl v. Lehman

802 F. Supp. 1266 · District Court, E.D. Pennsylvania · Sep 16, 1992

Defendants have asserted qualified immunity from damages in their individual capacities. … Officials exercising discretionary powers are immune from liability for civil damages for conduct which does not violate a clearly established constitutional right of which a reasonable person would have been aware.

Del Raine v. Carlson

153 F.R.D. 622 · District Court, S.D. Illinois · Mar 8, 1994

QUALIFIED IMMUNITY Alternatively, this Court finds that the defendants are entitled to qualified immunity in this cause of action. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Oliver v. Powell

250 F. Supp. 2d 593 · District Court, E.D. Virginia · Sep 4, 2002

clearly established rights of which a reasonable person would have known.” … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiffs allegations, if true, establish a constitutional violation.” Hope v.

Johnson v. Government of the District of Columbia

District Court, District of Columbia · Apr 21, 2011

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Ortiz v. … clearly established law to be followed in 2002.

Mpoy v. Fenty

901 F. Supp. 2d 144 · District Court, District of Columbia · Nov 5, 2012

Alternatively, they argue that even if the speech were protected, Plaintiff’s claim would nonetheless be barred by qualified immunity because his constitutional right to such speech was not clearly established at the time … so, whether that right was clearly established at the time of the alleged violation.

Boatwright v. Jacks

239 F. Supp. 3d 229 · District Court, District of Columbia · Aug 9, 2017

In order to defeat qualified immunity at the motion to dismiss stage, plaintiff must allege facts that plausibly establish the individual defendants “knew or should have known that the action [they] took within [their] sphere … As a result, to defeat qualified immunity, a plaintiff must plead facts that establish the individuals as “plainly incompetent” or “knowingly violating] the law.”

Hepburn v. City of New York

District Court, E.D. New York · Jun 10, 2025

Qualified Immunity Defendants argue that they are entitled to qualified immunity because Plaintiff’s right to be free from arrest in the specific circumstances of this … Qualified Immunity In the context of qualified immunity, “[a] police officer cannot be held liable in damages for failure to intercede unless such failure permitted