Case law

Canon v. Clark

883 F. Supp. 718 · District Court, S.D. Florida · Apr 25, 1995

Qualified immunity shields a government official from having to stand trial or *723 face other burdens of litigation. 4 The entitlement “is an immunity from suit rather than a mere defense to liability.” Mitchell v. … Clark violated Plaintiffs clearly established constitutional rights of which a reasonable person would have known.

Velasco v. Head

166 F. Supp. 2d 1100 · District Court, W.D. Virginia · Oct 10, 2000

Furthermore, government officials, including correctional officers, may have qualified immunity from civil liability for performing discretionary functions only insofar as their conduct “does not violate clearly established … The Fourth Circuit has held that where the parties’ versions of the underlying facts are in direct contradiction, resolution of the qualified immunity issue is inappropriate at the summary judgment stage.

Ringuette v. City of Fall River

888 F. Supp. 258 · District Court, D. Massachusetts · May 12, 1995

Qualified Immunity The main contention of the individual defendants is that they are entitled to qualified immunity. … The format of inquiry must take is well-defined: Qualified immunity shields government official performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory

Majid v. Wilhelm

110 F. Supp. 2d 251 · District Court, S.D. New York · Aug 22, 2000

State officials who are sued under § 1983 are entitled to qualified immunity from liability from damages for their discretionary acts “insofar as their conduct does not violate clearly established statutory or constitutional … grant of qualified immunity.

Partovi v. Matuszewski

District Court, District of Columbia · Aug 21, 2009

By definition, qualified immunity is not absolute. … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

Soto v. City of Miami Beach

26 F. Supp. 3d 1304 · District Court, S.D. Florida · Jun 13, 2014

entitled to qualified immunity from civil liability in their individual capacities when performing discretionary functions of their office “insofar as their conduct does not violate clearly established statutory or constitutional … , this does not inevitably remove the shield of qualified immunity.

Marty's Adult World of New Britain, Inc. v. Guida

453 F. Supp. 810 · District Court, D. Connecticut · Jun 29, 1978

In cases involving damage claims based on 42 U.S.C. § 1983 , two general types of immunity have been recognized: absolute immunity and qualified immunity. 4 The Supreme Court has granted *815 absolute immunity to legislators … with the concept of qualified immunity.

Starks v. Bowles

682 F. Supp. 891 · District Court, N.D. Texas · Jan 11, 1988

Whether Plaintiffs’ claim for damages against Defendant is barred by the doctrine of qualified immunity; and, 4. … Plaintiffs’ Claim for Damages Barred by Qualified Immunity A plaintiff must plead specific facts to support a claim against a governmental official who is entitled to the protection of immunity in order to survive a motion

N.G. v. Downey Regional Medical Center

140 F. Supp. 3d 1036 · District Court, C.D. California · Oct 23, 2015

Specifically, § 1395ff(c)(5) grants immunity to qualified independent contractors who conduct reviews of initial determinations of *1043 Medicare benefits. See 42 U.S.C. §§ 1395ff(c)(l)-1395ff(c)(5). … . § 1395ff, Defendant does not qualify for immunity under this section because it does not claim to be an independent contractor who participates in the Medicare appeal determination process.

Diaz-Bernal v. Myers

758 F. Supp. 2d 106 · District Court, D. Connecticut · Dec 16, 2010

The Colon factors were clearly established at the time of the Fair Haven raid, and thus any supervisor who violated them is not protected against that violation by qualified immunity. … The defendants argue they have qualified immunity not only because it was not clearly established that their conduct was unconstitutional, but also because their conduct in fact was constitutional. Individual Defs.’

Nicholas v. Carter

736 F. Supp. 2d 866 · District Court, D. Delaware · Sep 10, 2010

individual capacity based on the doctrine of qualified immunity. … where clearly established law does not show the officer’s actions violated the Constitution.

Coffey v. Callaway

86 F. Supp. 3d 111 · District Court, D. Connecticut · Feb 19, 2015

of private rights in the Republic, and on the other, that a denial of qualified immunity would defy established Second Circuit authority. … The right to be free from arrest without probable cause was clearly established at the time of Gonzalez’s arrest.

Burbank v. Davis

238 F. Supp. 2d 317 · District Court, D. Maine · Jan 6, 2003

In other words, it is possible that Davis violated Burbank’s clearly established constitutional rights but is immune from suit because it was objectively reasonable for Davis to do so because the unlawfulness of his actions … The qualified immunity claim really reduces to the argument that because the injuries in this case were not serious, any officer in the Portland Police Department would be entitled to qualified immunity no matter what role

CN Ex Rel. JN v. Ridgewood Bd. of Educ.

319 F. Supp. 2d 483 · District Court, D. New Jersey · Jun 3, 2004

were violating any of Plaintiffs’ clearly established constitutional rights. … Qualified immunity shields state officials performing discretionary functions from suit for damages in their individual capacity if “their conduct does not violate clearly established statutory or constitutional rights of

(PC) Penton v. Hubard

District Court, E.D. California · Feb 10, 2022

The court turns now to the issue of qualified immunity. 17 III. Qualified Immunity 18 A. … Mohammed is not persuasive authority for finding the law 3 was clearly established, and fails to demonstrate defendant is not entitled to qualified immunity. 4 (ECF No. 237 at 7), citing Mohammed, No. 3:05-cv-3430

Matthews v. Wiley

744 F. Supp. 2d 1159 · District Court, D. Colorado · Sep 13, 2010

Qualified Immunity To the extent that Mr. Matthews is suing Defendants in their individual capacities, Defendants raise the defense of qualified immunity. … Matthews’ transfer to ADX in 1995 because the right at issue was not clearly established at the time of the Defendants’ alleged conduct.

Johnson v. Ft. Pierce Police Department

849 F. Supp. 1543 · District Court, S.D. Florida · Feb 25, 1994

However, factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time of the alleged actions. … Smith, Aikens and Kirk are entitled to summary judgment on the issue of qualified immunity, unless Johnson can show that those officers violated clearly established law when they pushed him to the ground and handcuffed him

Cincotta v. Hempstead Union Free Sch. Dist.

313 F. Supp. 3d 386 · District Court, E.D. New York · May 14, 2018

Almonte , 478 F.3d at 106 ("Immunity, either absolute or qualified, is a personal defense that is available only when officials are sued in their individual capacities; the immunities officials enjoy when sued personally … However, "[t]he burden of establishing is pretext is higher than that required to establish a prima facie case of discrimination." Geras v. Hempstead Union Free Sch.

Haddad v. State of Cal.

64 F. Supp. 2d 930 · District Court, C.D. California · Aug 24, 1999

The Court clearly has subject matter jurisdiction over Haddad’s claims in this action. E. Wall Is Not Necessarily Entitled to Qualified Immunity. … “Government officials are given qualified immunity from civil liability under section 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Bertrand v. Kopcow

212 F. Supp. 3d 974 · District Court, D. Colorado · Aug 3, 2016

Qualified Immunity Montoya argues that, even if a constitutional violation occurred, she is entitled to qualified immunity. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established