Case law

Lopez-Erquicia v. Weyne-Roig

106 F. Supp. 3d 279 · District Court, D. Puerto Rico · May 26, 2015

defendants with qualified immunity defenses. … It bears to note that this is Defendants’ first motion for summary judgment and it was filed within the time-frame established by the court.

Constance v. Fraser Police Department of Public Safety

District Court, E.D. Michigan · Sep 29, 2021

he is nevertheless entitled to qualified immunity. … right; and (2) whether the right violated was clearly established such “that a reasonable official would understand that what he is doing violates that right.”

Carrasquillo-Gonzalez v. Sagardia-De-Jesus

723 F. Supp. 2d 428 · District Court, D. Puerto Rico · Jul 14, 2010

Qualified Immunity The Court determined in its Opinion and Order (Docket #23) that there were no grounds for conferring qualified immunity upon the Defendants. … As stated previously, qualified immunity cannot therefore be conferred upon Carbonell and Cintron. Their qualified immunity claims are hereby DENIED.

In Re Magnolia Venture Capital Corp.

218 B.R. 843 · District Court, S.D. Mississippi · Nov 20, 1997

For these reasons, therefore, the court concludes that the Department has clearly, unequivocally and effectively waived its Eleventh Amendment immunity, and for that reason, the Department’s motion to dismiss will be denied … But it won’t be any qualified intervention. It will be a straight intervention. 2 .

Bankhead v. Arkansas Department of Human Services

264 F. Supp. 2d 805 · District Court, E.D. Arkansas · May 7, 2003

the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is proper. 119 The qualified immunity defense fails if an official violates a clearly established right because … “a reasonably competent public official should know the law governing his conduct.” 120 The Eighth Circuit has taken a broad view of what constitutes “clearly established law” for the purpose of qualified immunity, requiring

Burr v. Burns

439 F. Supp. 2d 779 · District Court, S.D. Ohio · Jul 7, 2006

in light of the clearly establish constitutional rights.” … Thus, the question of whether Officers Burns and Marti are shielded from liability under the doctrine of qualified immunity turns on (1) whether the rights were clearly established to the extent that Officers Burns and Marti

Sours ex rel. Estate of Sours v. Big Sandy Regional Jail Authority

946 F. Supp. 2d 678 · District Court, E.D. Kentucky · May 28, 2013

Thus, Nurse Allison is entitled to qualified immunity for this decision. … And Nurse Allison is not entitled to qualified official immunity for her actions.

Erickson v. Wisconsin Department of Corrections

358 F. Supp. 2d 709 · District Court, W.D. Wisconsin · Feb 22, 2005

Qualified immunity The doctrine of qualified immunity provides that public officials may not be held personally liable for performing discretionary functions as long as “ ‘their conduct does not violate clearly established … In the end, summary judgment based on qualified immunity is appropriate if the law did not put defendants on notice that their conduct was clearly unlawful. Saucier v.

Miller v. County of Santa Cruz

796 F. Supp. 1316 · District Court, N.D. California · Jul 29, 1992

Alternatively, Sheriff Noren seeks summary judgment, in his favor alone, on the theory that the undisputed facts show that he is entitled to the defénse of qualified immunity. … Because defendants’ motion is granted on res judicata/collateral estoppel grounds, the court does not reach the qualified immunity issue.

Sulton v. Wright

265 F. Supp. 2d 292 · District Court, S.D. New York · Jun 6, 2003

Qualified Immunity Of Defendants Is Not Established By The Complaint The doctrine of qualified immunity shields government officials from suits for damages arising from performance of their discretionary functions when, applying … Harrison, 219 F.3d at 139 , barring qualified immunity.

Solomon v. Emanuelson

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

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

Concepcion v. Zorrilla

309 F. Supp. 2d 201 · District Court, D. Puerto Rico · Mar 8, 2004

QUALIFIED IMMUNITY Qualified immunity protects public officials from personal liability for determinations made in situations where the rights at issue are not unequivocally established. … Qualified immunity will be denied where (1) the facts as proffered denote defendants violated a constitutional right, and (2) “the contours of this right [were] ‘clearly established’ under the then-existing law so that a

Holman v. City of Warrenton

242 F. Supp. 2d 791 · District Court, D. Oregon · Sep 25, 2002

Qualified Immunity Qualified immunity protects a government official from suit for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Nonetheless, Johansson and Pearson argue they are entitled to qualified immunity because Plaintiffs constitutional right was not clearly established at the time of their misconduct and, in any event, their actions were reasonable

Haff v. Cooke

923 F. Supp. 1104 · District Court, E.D. Wisconsin · Apr 12, 1996

Qualified immunity shields government officials from liability unless their action violates a clearly established right. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 (1982). … Therefore, he has qualified immunity. Haff believes an Iowa district court case clearly established the constitutional standards under the pre-RFRA standards. In Nichols v.

Breazil v. Bartlett

998 F. Supp. 236 · District Court, W.D. New York · Sep 29, 1997

Qualified Immunity. … Even when such rights are clearly established, qualified immunity will protect a government official “if it wa.s objectively reasonable for [the official] to believe that his acts did not violate those rights.”

Patel v. Moron

897 F. Supp. 2d 389 · District Court, E.D. North Carolina · Sep 25, 2012

Alternatively, defendants assert the defense of qualified immunity. … In Mitchell , the Supreme Court observed that “[u]nless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement

Echtenkamp v. Loudon County Public Schools

263 F. Supp. 2d 1043 · District Court, E.D. Virginia · Jun 24, 2003

Qualified immunity protects government officials performing discretionary duties from civil suit so long as the officials' conduct does not violate clearly established statutory or constitutional rights. McVey v. … Thus, to overcome defendants' claim to qualified immunity, plaintiff must claim a violation of a right pursuant to a statute or the Constitution which is "clearly established so that an objectively, reasonable officer would

Hilton v. Mish

224 F. Supp. 3d 595 · District Court, W.D. Michigan · Dec 13, 2016

“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 … Once a defendant raises the qualified immunity defense, the burden shifts to the plaintiff to demonstrate that the defendant official violated a right so clearly established “that every ‘reasonable official would have understood

Rolon v. Henneman

443 F. Supp. 2d 532 · District Court, S.D. New York · Aug 2, 2006

Because such a right, which has not been recognized by either the Supreme Court or the Second Circuit, certainly was not “clearly established” in 2000 when Moskowitz made *540 the allegedly false accusations, the doctrine … of qualified immunity would protect Moskowitz from liability.

Austin v. Brookline

2001 DNH 171 · District Court, D. New Hampshire · Sep 21, 2001

In analyzing a qualified immunity defense, the court must first “‘determine whether the plaintiff has alleged the deprivation of an actual constitutional right” and second “‘determine whether that right was clearly established … Therefore, Clark has not shown that she is entitled to qualified immunity under a related crimes theory.