Case law

BYTHER EX REL. BYTHER v. City of Mobile

398 F. Supp. 2d 1222 · District Court, S.D. Alabama · Nov 9, 2005

“Qualified immunity protects government officials performing discretionary functions from civil trials ... and from liability if their conduct violates no clearly established statutory or constitutional rights of which a … In considering the merits of a qualified immunity defense in excessive force cases, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established law, a reasonable

Doe v. United States Department of Health & Human Services

871 F. Supp. 808 · District Court, E.D. Pennsylvania · Dec 29, 1994

This qualified immunity was also extended to persons providing information to professional review bodies. 42 U.S.C. § 11111 (a)(2). … As the immunity section suggests and the weight of case law has clearly established, Congress was not trying to create a cause of action in favor of aggrieved physicians when it passed the HCQI Act.

Montgomery v. Newburn

District Court, E.D. Arkansas · Mar 25, 2020

To establish that Defendants are not entitled to qualified immunity on Montgomery’s individual capacity claims, Montgomery has the burden of demonstrating that: (1) the supported facts, viewed in the light … City of Litchfield, 689 F.3d 961, 965 (8th Cir. 2012) (explaining that qualified immunity “shields a government official from liability and the burdens of litigation unless his conduct violates ‘clearly established statutory

Guseman ex rel. Guseman v. Martinez

1 F. Supp. 2d 1240 · District Court, D. Kansas · Feb 17, 1998

The defense of qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … violated a clearly established right of the plaintiff.

Thomas v. ATTY. GEN. OF NEW JERSEY

692 F. Supp. 2d 444 · District Court, D. New Jersey · Feb 8, 2010

The doctrine of qualified immunity provides that “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … right” and “the right was clearly established” at the time of the objectionable conduct.

Morales v. City of Delano

852 F. Supp. 2d 1253 · District Court, E.D. California · Feb 14, 2012

from liability by qualified immunity. … “Qualified immunity can shield government officials from individual civil liability where their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Newhouse v. Probert

608 F. Supp. 978 · District Court, W.D. Michigan · Apr 15, 1985

Therefore, construing the pleadings in the light most favorable to the plaintiff, the court concludes that defendant Davis, like defendant Ketchum, is entitled only to qualified immunity. 1 The standard for qualified immunity … Thus, defendants’ affidavits stand unrebutted, and demonstrate that defendants did not “violate clearly established constitutional rights of which a reasonable person would have known.”

Warner v. Graham

675 F. Supp. 1171 · District Court, D. North Dakota · May 15, 1987

QUALIFIED IMMUNITY Defendants argue that they are entitled to qualified immunity from damages because the law regarding Indian religious rights was not clearly established at the time of plaintiff’s suspension and termination … Entitlement to qualified immunity depended on the “objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Id.

Marion v. Groh

954 F. Supp. 39 · District Court, D. Connecticut · Jan 17, 1997

sued in their individual capacities unless the defendants’ actions violated “clearly established law.” … Accordingly, plaintiffs claim against Roy is insufficient to overcome Roy’s qualified immunity defense.

Hutchison v. BROOKSHIRE BROS., INC.

225 F. Supp. 2d 719 · District Court, E.D. Texas · Aug 13, 2002

(vi) Application of Qualified Immunity to Officer McCown Defendants argue that Officer McCown is entitled to qualified immunity. … In order to defeat defendants’ claim of qualified immunity, plaintiff must satisfy a three part test.

Williams v. King

56 F. Supp. 3d 308 · District Court, S.D. New York · Aug 11, 2014

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Defendants argue that there is no clearly established right to avoid religious registration.

DePugh v. Penning

888 F. Supp. 959 · District Court, N.D. Iowa · May 26, 1995

Deb, 999 F.2d 364 , 366 (8th Cir.1993) (first step in qualified immunity analysis was determination of whether conduct violated any clearly established right). … The Seventh Circuit Court of Appeals has held further that the test of qualified immunity is not whether the conduct is clearly constitutional, but whether it is clearly unconstitutional.

Nuclear Transport & Storage, Inc. v. United States

703 F. Supp. 660 · District Court, E.D. Tennessee · Nov 29, 1988

Defendants’ Qualified Immunity Defense Under the doctrine of qualified immunity, government officials are shielded from liability for civil damages insofar as their conduct does not violate “clearly established statutory … It may be that the individual defendants are entitled to rely on a qualified immunity defense in this case.

Warren v. Marcus

78 F. Supp. 3d 1228 · District Court, N.D. California · Jan 29, 2015

Qualified Immunity Defendant also moves for summary judgment on Plaintiffs wrongful arrest claim on the grounds that he is entitled to 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 a reasonable person

Smalls v. City of New York

181 F. Supp. 3d 178 · District Court, E.D. New York · Mar 2, 2016

Defendant Collins and Qualified Immunity The doctrine of qualified immunity shields police officers “from personal liability for damages ‘insofar as their conduct does not violate clearly estab *189 lished statutory or constitutional … Officers who knowingly lie are not protected by qualified immunity.

Pfenninger v. Exempla, Inc.

116 F. Supp. 2d 1184 · District Court, D. Colorado · Sep 18, 2000

Exempla Defendants' reply brief clearly states that "Plaintiffs have failed to raise any genuine issue of fact to pierce the immunity provisions of the federal and state peer review laws.” … Presbyterian Hospital, ... coupled with the facts alleged in this action and supported by the material appended hereto, clearly create a fact issue with respect to whether the defendants are entitled to the qualified immunity

Milbourne v. JRK Residential America, LLC

202 F. Supp. 3d 585 · District Court, E.D. Virginia · Aug 11, 2016

However, JRK overstates Safeco’s reliance on the analogy to the qualified immunity analysis. Although the Supreme Court in Safeco cited Saucier v. … Ch Saucier, 533 U.S. at 202, 121 S.Ct. 2151 (for purposes of qualified immunity analysis, courts look to whether the law was clearly established at the time of the alleged constitutional violation).

Ray Ex Rel. R.M. v. Foltz

354 F. Supp. 2d 1309 · District Court, M.D. Florida · Jan 21, 2005

Additionally, qualified immunity is inapplicable given the aforementioned and because the constitutional right was clearly established. Therefore, Defendant’s Motion to Dismiss^ (Doc. No. 80) is DENIED. Defendánt E.J. … Additionally, qualified immunity is inapplicable given the aforementioned and because the constitutional right was clearly established. Therefore, Defendant’s Motion to Dismiss (Doc. No. 87) is DENIED.

CICCHIELLO v. Beard

726 F. Supp. 2d 522 · District Court, M.D. Pennsylvania · Jul 21, 2010

Qualified Immunity Defendants contend they are entitled to summary judgment on Plaintiffs claims because they are shielded from liability by the doctrine of qualified immunity. … Therefore, the court must examine: (1) whether the officials violated a constitutional right, and (2) whether that right was clearly established at the time. Id.

Solomon v. Emanuelson

586 F. Supp. 280 · District Court, D. Connecticut · Feb 29, 1984

a good faith defense is established. … established”, Harlow v.