Case law

Sulehria v. City of New York

670 F. Supp. 2d 288 · District Court, S.D. New York · Nov 23, 2009

are protected by qualified immunity. … A public official is thus entitled to qualified immunity if (1) his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively

Smith v. RECTOR & VISITORS OF UNIV. OF VIRGINIA

78 F. Supp. 2d 533 · District Court, W.D. Virginia · Dec 22, 1999

Here, what plaintiffs are alleging involves a deprivation of an actual constitutional right that was clearly established at the time; thus, defendants are not entitled to qualified immunity for their actions surrounding the … While absolute immunity for President Casteen may not be the relevant standard, qualified immunity is.

Grooms v. Marshall

142 F. Supp. 2d 927 · District Court, S.D. Ohio · Mar 20, 2001

Qualified immunity extends to individuals performing discretionary functions unless their - actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … The Court is therefore not able to grant Defendants qualified immunity at this juncture.

Morrissey v. Town of Agawam

883 F. Supp. 2d 300 · District Court, D. Massachusetts · Jul 12, 2012

The qualified immunity inquiry comprises a two part test. … qualified immunity.”

Guillory v. Bush

505 F. Supp. 2d 148 · District Court, District of Columbia · Sep 4, 2007

Dep’t of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989); (4) the complaint fails to state a claim against officials sued in their personal capacities under § 1983 who are entitled to qualified immunity … because there are no allegations that the officials’ conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v.

Berman v. Turecki

885 F. Supp. 528 · District Court, S.D. New York · May 5, 1995

Qualified Immunity FBI officers enjoy a qualified immunity from damage suits arising out of their official conduct. See Anderson v. … Consequently, Chapman is immune from liability in a Bivens action on grounds of qualified immunity. 16 A defense of qualified immunity should be decided at the earliest possible stage in a litigation, and it is a defense

Berry v. City of Phillipsburg, Kan.

796 F. Supp. 1400 · District Court, D. Kansas · Jun 17, 1992

In addition, although probable cause to arrest may be lacking, qualified immunity in a § 1983 action is available to state actors whose conduct was objectively reasonable in light of clearly established law and all the factual … Moreover, because the law on this subject was clearly established at the time of plaintiff’s arrest, a reasonable officer could not have thought otherwise under plaintiff’s version of the facts.

Hill v. Clayton County Georgia

District Court, N.D. Georgia · Dec 9, 2022

established law and is therefore entitled to qualified immunity. … “Generally speaking, it is proper to grant a motion to dismiss on qualified immunity grounds when the complaint fails to allege the violation of a clearly established constitutional right.”

Gratsch v. Hamilton County Sheriff's Department

91 F. Supp. 2d 1160 · District Court, S.D. Ohio · Mar 24, 2000

Qualified Immunity 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 … The Court now evaluates whether Defendants should have qualified immunity on this claim.

Long v. Nix

877 F. Supp. 1358 · District Court, S.D. Iowa · Jan 31, 1995

Qualifíed Immunity Qualified immunity shields government officials from liability for money damages when performing discretionary functions if “their conduct does not violate clearly established statutory or constitutional … Defendants did not violate any of Long’s clearly established constitutional rights of which a reasonable prison official would have known. They are entitled to qualified immunity on Long’s claims for money damages. III.

Peterson v. Miranda

57 F. Supp. 3d 1271 · District Court, D. Nevada · Sep 29, 2014

The court notes that at no point in their initial motion for summary judgment did moving defendants raise the issue of qualified immunity to this court. … Further, defendants have recently filed a new motion for summary judgment solely on the grounds of qualified immunity. See Doc. # 267. Therefore, the court shall not consider this argument at this time. .

Hicks v. Clay County

636 F. Supp. 2d 903 · District Court, W.D. Missouri · Oct 30, 2008

Qualified Immunity Defendant Chessin finally invokes the doctrine of qualified immunity, which shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Soltani v. Smith

812 F. Supp. 1280 · District Court, D. New Hampshire · Feb 4, 1993

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. *1301 Plaintiff’s surviving First Amendment claims are … Fitzgerald, supra, if the law governing plaintiffs First Amendment claims was clearly established prior to December 19, 1990, then neither defendant Smith nor defendant Thomas is entitled to qualified immunity. Id.

Wigington v. Metro. Nashville Airport Auth.

374 F. Supp. 3d 681 · District Court, M.D. Tennessee · Mar 20, 2019

Wigington argues that while the GTLA grants absolute immunity to government boards themselves, it confers only qualified immunity on other public officials. ( Id. at 6-7.) … Wigington further denies that Individual Defendants, who are municipal executive appointees, could be characterized as legislators who qualify for common law legislative immunity. ( Id. at 9 .)

Jeanty v. City of Miami

876 F. Supp. 2d 1334 · District Court, S.D. Florida · Jul 13, 2012

whether the right at issue was clearly established at the time of the defendant’s alleged misconduct. … Once the officer has made that showing, the burden then shifts to the plaintiff to establish that qualified immunity is not appropriate. Id.

Tolymbekova v. Rubio

District Court, District of Columbia · Sep 5, 2025

The Doctrine of Sovereign Immunity “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994). … Thus, the APA waives sovereign immunity in this case. See 5 U.S.C. § 702. C.

Horen v. BOARD OF EDUC. OF TOLEDO CITY SCH. DIST.

594 F. Supp. 2d 833 · District Court, N.D. Ohio · Jan 23, 2009

Government actors are entitled to qualified immunity unless they act unreasonably and violate a “clearly established” constitutional right. Saucier v. … City of Olmsted Falls, 395 F.3d 291, 302 (6th Cir.2005) (finding an officer to be entitled to qualified immunity unless: 1) a “constitutional violation” occurred; 2) “the violation involved a clearly established constitutional

Grosz v. State of Ind.

730 F. Supp. 1474 · District Court, S.D. Indiana · Feb 21, 1990

While not entitled to absolute immunity, state executive officials, along with certain other state officials, who are sued in their personal capacity are entitled to a qualified immunity from damages liability. … Because this court can find no clearly established statutory or constitutional right of which the defendants should have known that their conduct violated, the individual defendants are entitled to qualified immunity as to

Pasiewicz v. Lake County Forest Preserve District

81 F. Supp. 2d 890 · District Court, N.D. Illinois · Dec 22, 1999

Defendants Hen-ning and Sandahl have moved to dismiss the claims against them, contending that the complaint establishes that they had probable cause to arrest Pasiewiez or at least that they are entitled to qualified immunity … Even if probable cause did not exist, the arresting officer is immune from suit if a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer possessed

Ruble v. King

911 F. Supp. 1544 · District Court, N.D. Georgia · Sep 18, 1995

Thus, the determination of defendants’ qualified immunity defense turns on whether a clearly established right was violated by their conduct. … Consequently, defendant Ashford cannot successfully assert the defense of qualified immunity- Additionally, the Court concludes that the law has been clearly established in the Eleventh Circuit, since a time well before the