Case law

Fairbanks v. O'Hagan

378 F. Supp. 3d 72 · District Court, District of Columbia · May 10, 2019

Qualified immunity shields government officials from civil liability unless 1) the plaintiff's allegations establish a violation of a protected right, 2) that right was clearly established at the time of the defendant's alleged … and thus defendants are not entitled to qualified immunity.

Pietri v. N.Y.S. Office of Court Administration

936 F. Supp. 2d 120 · District Court, E.D. New York · Mar 28, 2013

Imperatrice and Pfau argue that they are entitled to qualified immunity. … Generally, public officials are entitled to qualified immunity if (1) "their conduct does not violate clearly established constitutional rights of which a reasonable person would have known,” or (2) "it was objectively reasonable

Williams v. Thomas

511 F. Supp. 535 · District Court, N.D. Texas · Apr 3, 1981

The qualified immunity standard for public officials upon which Bolt relies was enunciated by the Supreme Court in Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975). … Stickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975)] is the existence, at the time of the official’s action, of clearly established judicial decisions that make his action unconstitutional.”

Brammer-Hoelter v. Twin Peaks Charter Academy

81 F. Supp. 2d 1090 · District Court, D. Colorado · Jan 25, 2000

Defendants argue Marlatt and Cox are entitled to qualified immunity on this procedural due process claim because the conduct complained of does not violate clearly established statutory or constitutional rights of which a … To overcome qualified immunity, a plaintiff must demonstrate that the right in question was clearly established at the time of defendant’s conduct. Pueblo Neighborhood Health Centers, Inc. v.

Fialkowski v. Shapp

405 F. Supp. 946 · District Court, E.D. Pennsylvania · Dec 17, 1975

The Court then expanded this “qualified good faith immunity doctrine” in Wood v. Strickland, 420 U.S. 308 , 95 S. Ct. 992 , 43 L.Ed.2d 214 (1975). … A compensatory award will be appropriate only if the school board member has acted with such an impermissible motivation or with such disregard of the student’s clearly established constitutional rights that his action cannot

Thomas v. Barze

57 F. Supp. 3d 1040 · District Court, D. Minnesota · Sep 30, 2014

The Eighth Circuit has provided some guidance on how to analyze qualified immunity at the summary judgment stage, where the facts may not be established or are disputed: Because qualified immunity is an immunity from suit … the goal of qualified immunity.

Littlejohn v. Moody

381 F. Supp. 2d 507 · District Court, E.D. Virginia · Aug 10, 2005

Qualified Immunity Analysis A. … Unless the right was clear, the officer is entitled to qualified immunity. Id.

Stalland v. South Dakota Board of Bar Examiners

530 F. Supp. 155 · District Court, D. South Dakota · Jan 15, 1982

Thus, the privileges and immunities clause “establishes a norm of comity (cites omitted) that is to prevail among the States with respect to their treatment of each other’s residents.” Hicklin v. … The privileges and immunities clause clearly extends unique protection to nonresidents who wish to engage in their chosen occupation and earn a livelihood within the state on an equal basis with residents. Since 5.

Goonewardena v. New York

475 F. Supp. 2d 310 · District Court, S.D. New York · Feb 14, 2007

To state a claim under section 504 of the Rehabilitation Act, as under the ADA, a plaintiff must establish that: 1) plaintiff is a “qualified individual” with a disability; 2) defendant is subject to the Act; and 3) plaintiff … The Second Circuit has stated that in order to establish valid abrogation permitting suits for money damages against the State or indi *324 viduals in their official capacities, the plaintiff must "establish that the Title

Soomro v. City of New York

174 F. Supp. 3d 806 · District Court, S.D. New York · Mar 30, 2016

Accordingly, the Defendants are entitled as a matter of law to summary judgment dismissing Plaintiffs false arrest claim, on qualified immunity grounds and because the undisputed record establishes that there was probable … Defendants do not seek dismissal of the malicious prosecution claim on qualified immunity grounds. .

Estate of Tyler ex rel. Floyd v. Grossman

108 F. Supp. 3d 279 · District Court, E.D. Pennsylvania · Jun 11, 2015

“In light of the Supreme Court’s ‘quite sparing’ recognition of absolute immunity,” the Third Circuit “begin[s] with the presumption that qualified rather than absolute immunity is appropriate.” … Otherwise, the immunity is qualified, which “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Shabazz v. Kailer

201 F. Supp. 3d 386 · District Court, S.D. New York · Aug 12, 2016

The Court cannot decide at the pleading stage that qualified immunity applies. … “As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did

Wallace v. District of Columbia

District Court, District of Columbia · Feb 22, 2010

The officers’ stronger argument is that they are entitled to qualified immunity. The officers’ qualified immunity defense is evaluated under the two-step analysis set forth in Saucier v. … “If the facts alleged do establish that a constitutional right was violated,” the Court “go[es] on to ask whether that right was ‘clearly established.’” Id.

Miller v. Garrett

695 F. Supp. 740 · District Court, S.D. New York · Sep 26, 1988

Moreover, even if Parole Officer Blum is entitled to only qualified immunity, cf. Ray v. Pickett, 734 F.2d 370, 372 (8th Cir.1984), plaintiffs claims against Blum must still be dismissed. … A state official is entitled to qualified immunity for conduct which did not violate clearly established statutory or constitutional rights of which an official could reasonably be expected to know. See Harlow v.

Scott v. City of Dallas

876 F. Supp. 852 · District Court, N.D. Texas · Feb 20, 1995

Qualified Immunity The individual Defendants have qualified immunity from liability for money damages if their conduct did not violate clearly-established law of which a reasonable official would have been aware. … Plaintiffs have submitted' only conelusory allegations in support of these claims, and have not plead any facts sufficient to defeat qualified immunity concerning them.

Turner v. Palmer

84 F. Supp. 3d 880 · District Court, S.D. Iowa · Feb 4, 2015

Qualified Immunity “Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his *883 individual capacity that fails to state a claim for violation of ‘clearly established … Accordingly, Defendants have not shown that they are entitled to qualified immunity on the face of the complaint. B.

Botway v. Carlson

474 F. Supp. 836 · District Court, E.D. Virginia · Jul 30, 1979

In applying Procunier immunity test defendants can be held liable for damages where “the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct if they knew or should … Therefore a motion to dismiss based on the defense of qualified immunity cannot be ruled upon at this time.

Scrima v. Gay

322 F. Supp. 2d 49 · District Court, D. Massachusetts · Jun 21, 2004

Because plaintiffs allegations describe the violation of a clearly established constitutional right that a reasonable City official would understand, the defense of qualified immunity is not available. … In a footnote defendants argue that a wrongful termination claim does not lie against an individual and would be barred by qualified immunity even if it did.

North Atlantic Security Company v. Blache

District Court, M.D. Louisiana · Sep 29, 2022

established federal right that Blache violated by sending the cease-and-desist order, Blache is entitled to qualified immunity.53 A right is “clearly established” only if it “ … Hodgkiss, 11 F.4th 329, 333 (5th Cir. 2021) (“The officer will be entitled to qualified immunity…if the conduct ‘did not violate law clearly established at the time.’”

Mitchell v. Rappahannock Regional Jail Authority

703 F. Supp. 2d 549 · District Court, E.D. Virginia · Mar 16, 2010

Second, Defendants argue that they are entitled to qualified immunity. … Qualified Immunity The Defendants all assert the defense of “qualified immunity.” Qualified *562 immunity is “an entitlement not to stand trial or face other burdens of litigation.” Mitchell v.