Case law

Goddard v. Kelley

629 F. Supp. 2d 115 · District Court, D. Massachusetts · Mar 31, 2009

Qualiñed Immunity Defendants contend that even if they behaved inappropriately, they are nonetheless protected from liability on the § 1983 claims by the doctrine of qualified immunity. 19 The qualified-immunity doctrine … Laws ch. 272, § 36A is unconstitutional because it clearly violates the First Amendment. Defendants do not defend the statute, but instead respond with a qualified immunity defense.

Levine v. McCabe

357 F. Supp. 2d 608 · District Court, E.D. New York · Feb 23, 2005

The key question is whether the New York system for selecting qualified individuals is rationally related to the legitimate objective of having such qualified individuals serve. … However, his claims and supporting submissions clearly sound in the latter, and will be analyzed as such.

Queen v. Prince George's County

188 F. Supp. 3d 535 · District Court, D. Maryland · May 26, 2016

As a result, he also could not establish that he was entitled to qualified immunity on the federal claim. See Streater, 565 Fed.Appx. at 210 . Consequently, summary judgment is not appropriate on' these claims. … To determine the availability of qualified immunity, I take the facts alleged “ ‘in the light most favorable to the party asserting the injury.’ ” Meyers v.

Watrous v. Town of Preston

902 F. Supp. 2d 243 · District Court, D. Connecticut · Sep 29, 2012

Watrous’ property right was clearly established, they are entitled to qualified immunity because it was objectively reasonable for them to believe that their actions did not violate that right. See Doninger v. … “A finding of arbitrariness not only establishes a due process violation but precludes a defense of qualified immunity.” TLC Development, Inc. v.

Simon v. Bickell

District Court, District of Columbia · Sep 14, 2010

“[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “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 of the conduct

Gonsalves v. Cleveland

980 F. Supp. 2d 1060 · District Court, N.D. Indiana · Sep 30, 2013

But unless police officers have violated “ ‘clearly established statutory or constitutional rights,’ ” they enjoy qualified immunity from any suit for civil damages for their official conduct. Pearson v. … In analyzing qualified immunity, courts may assess first the occurrence of a statutory or constitutional violation, and then whether the right involved was clearly established, as was mandated by Saucier v.

Holman v. Williams

436 F. Supp. 2d 68 · District Court, District of Columbia · Jun 30, 2006

Mayor Williams also is immune from personal liability for alleged violations of plaintiffs right to due process by the doctrine of qualified immunity. … Qualified immunity “shields State officials from liability for their discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Bray Ex Rel. Bray v. Hobart City School Corp.

818 F. Supp. 1226 · District Court, N.D. Indiana · Apr 9, 1993

Qualified immunity may be granted to a governmental official who was performing a discretionary function and whose conduct did not violate clearly established federal statutory or constitutional rights which a reasonable … Therefore, since the state administrative scheme did not clearly violate an established federal right, Owens is entitled to qualified immunity.

Gales v. District of Columbia

47 F. Supp. 2d 43 · District Court, District of Columbia · Apr 27, 1999

Analysis The § 1983 claims against defendants named in their individual capacities will be barred by the defense of qualified immunity if a reasonable officer could have believed, in light of clearly established law and the … Mayberry is not entitled to qualified immunity.

Westfahl v. District of Columbia

75 F. Supp. 3d 365 · District Court, District of Columbia · Dec 12, 2014

Less clear is whether Officer Thau’s decision to strike Westfahl with his baton is protected by qualified immunity. … Thus, Sergeant Mack is entitled to qualified immunity as well.

Root Ex Rel. Root v. Liberty Emergency Physicians, Inc.

68 F. Supp. 2d 1086 · District Court, W.D. Missouri · Oct 27, 1999

A district court’s denial of constitutionally-based immunities, such as qualified or Eleventh Amendment immunity, almost always fall under the collateral order exception because “the essence of absolute immunity is its possessor … Marshall, 121 F.3d 1150, 1154 (8th Cir.1997) (holding that a denial of summary judgment based on qualified immunity defense is immediately appeal-able.) 3 .

Procknow v. Curry

26 F. Supp. 3d 875 · District Court, D. Minnesota · Jun 18, 2014

Qualified immunity standards “Qualified immunity shields [a] government official ] from liability ... unless the *886 official’s conduct violates a clearly established constitutional ... right of which a reasonable person … (denying qualified immunity to officer who, according to the plaintiff, kicked him after he had fled but then surrendered).

Jefferson v. City of Hazlehurst

936 F. Supp. 382 · District Court, S.D. Mississippi · Dec 29, 1995

Dallas, 940 F.2d 925 , 942 (5th Cir.1991) (reversing summary judgment that denied qualified immunity defense where plaintiffs failed to state a constitutional violation); White v. … Taylor, 959 F.2d 539, 545 (5th Cir.1992) (in a 1983 action, the court must determine whether the contours of the plaintiff’s rights are clearly established).

Tresler v. McBee

District Court, E.D. Missouri · Mar 31, 2025

A state court decision is an unreasonable application of clearly established federal law if it “correctly identifies the governing legal rule but applies it unreasonably to the facts of a particular prisoner’s case.” … Winn, 967 F.3d 534, 538 (6th Cir. 2020) (“when a petitioner challenged the admission of his prior crimes, we denied relief because ‘no clearly established Supreme Court precedent ...

Krueger v. Miller

489 F. Supp. 321 · District Court, E.D. Tennessee · Jan 27, 1978

immunity doctrine affecting persons is more strongly established than that of judicial immunity. * * *” Kurz v. … Miller acted with such disregard of Miss Krueger’s clearly established constitutional immunity against unreasonable seizure that his action herein cannot be characterized reasonably as being in good faith.

Cellini v. City of Sterling Heights

856 F. Supp. 1215 · District Court, E.D. Michigan · Jun 30, 1994

Under the doctrine of qualified immunity, such an official will not be found personally liable for money damages unless the official’s actions violate “clearly established statutory or constitutional rights of which a reasonable … Here, the conduct complained of does not meet the objective “clearly estab *1223 lished law” test for avoiding qualified immunity.

Kuhn v. Vergiels

558 F. Supp. 24 · District Court, D. Nevada · Nov 8, 1982

The Western Interstate Commission on Higher Education (WICHE) was created by compact between several western states in order to establish a grant program to assist qualified residents of the participating states in obtaining … Privileges and Immunities. In their complaint and again in the instant motion for preliminary injunction plaintiffs refer to the “Privileges and Immunities Clause of the Fourteenth Amendment.”

B.J.R.L. v. State of Utah

655 F. Supp. 692 · District Court, D. Utah · Jan 28, 1987

Before this court can deal with the possible merits of plaintiffs’ claims, fundamental issues of sovereign immunity, absolute immunity and qualified immunity must be resolved. I. … Therefore qualified immunity likewise has no bearing on plaintiffs’ claims in this case. III.

Blanchette v. Kupchunos

116 F. Supp. 2d 325 · District Court, D. Connecticut · Oct 16, 2000

Qualified Immunity Defendant raises the defense of qualified immunity as to plaintiffs § 1983 claim. … Thus, it is unnecessary to decide the question of qualified immunity.

Beynum v. Boteler

623 F. Supp. 279 · District Court, District of Columbia · Dec 12, 1985

Immun¶ity From Suit Defendant Turner argues that he is immune from suit for two reasons: (1) that he is immune for his “discretionary acts as a high level supervisor,” and (2) that he is entitled to qualified immunity under … The test for when a government official has qualified immunity is set forth in Harlow v.