Case law

Navab-Safavi v. Broadcasting Board of Governors

650 F. Supp. 2d 40 · District Court, District of Columbia · Sep 3, 2009

If the alleged conduct does not violate such a clearly established right, qualified immunity applies. Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987). … As explained herein, the Court finds that plaintiff has stated violations of clearly established rights under the First and Fifth Amendments, and therefore, defendants are not shielded by the doctrine of qualified immunity

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.

Torres v. Junto De Gobierno De Servicio De Emergencia

91 F. Supp. 3d 243 · District Court, D. Puerto Rico · Mar 10, 2015

To start, punitive damages are clearly not available for a Title II claim, and, as such, Plaintiff is barred from seeking such. See Nieves-Marquez v. Puerto Rico, 353 F.3d 108 , 126 (1st Cir.2003). … Further, in promulgating Law 44, the Puerto Rico Legislature incorporated into said statute the remedies, powers, and procedures established in Law 100. See P.R. LAWS ANN. tit. 1 § 511.

Beckmann v. Darden

351 F. Supp. 2d 139 · District Court, S.D. New York · Dec 8, 2004

immunity on all claims of discrimination on the basis of political affiliation because the Plaintiffs claimed rights were not clearly established. … D.Qualified Immunity for Defendant Darden As an alternative defense to liability on any political affiliation claims, 7 Defendant Darden is entitled to qualified immunity in this case.

Roberts v. Ross

680 F. Supp. 1144 · District Court, S.D. Ohio · Sep 30, 1987

As this Court found that Defendant Ross is entitled to absolute immunity, the question of his qualified immunity is rendered immaterial. … Defendant Ross’ conduct in causing the unlawful arrest of Plaintiff does “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. at 818 , 102 S.Ct. at 2738 .

RUSSELL v. CITY OF BAYONNE

District Court, D. New Jersey · Jun 26, 2020

“Qualified immunity shields government officials from personal liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Clearly Established Right In their motion for summary judgment, Defendants focus on whether the use of force violated a clearly established right. Defs. Br. at 12-16.

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 .

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.

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.

Murphy v. Johnson

District Court, E.D. Missouri · Dec 7, 2022

Qualified Immunity Johnson finally argues he is entitled to qualified immunity because the record demonstrates that he did not violate plaintiff’s clearly established … “Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable

Bland v. Lyle

District Court, W.D. Arkansas · Apr 1, 2020

Ann., 800 F.3d 985 (8th Cir. 2015) (dismissing failure to train claim after granting qualified immunity on excessive force claim); see also Clark v. Ware, 873 F.Supp.2d 1117, 1122 (E.D. … (Doc. 22-2, p. 3) (emphasis added), this is clearly at odds with the undisputed facts. The causation question is free from doubt.

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.

Solomon v. Emanuelson

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

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

Burks v. Beary

713 F. Supp. 2d 1350 · District Court, M.D. Florida · Apr 29, 2010

“Qualified immunity protects municipal officers from liability in § 1983 actions as long ‘as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … ‘clearly established’ at the time of the violation.”