Case law

Barnes v. Smith

654 F. Supp. 1244 · District Court, E.D. Missouri · Mar 5, 1987

In the performance of ministerial, nonjudicial duties, a clerk is entitled to qualified, good faith immunity. McLallen v. Henderson, 492 F.2d 1298, 1299 (8th Cir.1974); Kane v. … Under this immunity, clerks are "shielded 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."

Zimmerman v. Board of Trustees of Ball State University

940 F. Supp. 2d 875 · District Court, S.D. Indiana · Apr 15, 2013

Gillilan and Hargrave are not entitled to qualified immunity because case law “clearly establishes] that the authority of school officials to regulate student speech is limited to those instances in which the speech occurs … Gillilan and Hargrave are entitled to qualified immunity as to such claim as it is anything but clearly established.

Connecticut Performing Arts Foundation, Inc. v. Brown

47 B.R. 911 · District Court, D. Connecticut · Jan 7, 1985

Furthermore, Connecticut’s “anti-scalping” statute, Conn.Gen.Stat. § 53-289, establishes a policy in favor of fixed ticket prices. … Finally, the Connecticut Supreme Court has clearly stated that "the law of the case” is not res adjudicata so as to prevent the making of correct decisions later in a case. Barnes v.

Kisembo v. NYS Office of Children & Family Servs.

285 F. Supp. 3d 509 · District Court, N.D. New York · Feb 1, 2018

In sum, plaintiffs have offered no legitimate reason to doubt whether OCFS qualifies as a state agency for purposes of Eleventh Amendment immunity. Accordingly, their § 1983 claims against OCFS are subject to dismissal. … Defendants also seek dismissal on the basis of qualified immunity, timeliness, improper service, and a lack of personal involvement on the part of any of the named defendants.

MacK v. Town of Wallkill

253 F. Supp. 2d 552 · District Court, S.D. New York · Feb 24, 2003

“Whether an official is entitled to qualified immunity requires a two part analysis. … Chief Coscette would not be entitled to qualified immunity as a matter of law on a view of the facts most favorable to plaintiff.

Vickery v. Jones

856 F. Supp. 1313 · District Court, S.D. Illinois · Jul 6, 1994

Qualified Immunity. … The state officials assert that this Court should dismiss plaintiffs claim for compensatory and punitive damages on qualified immunity grounds because the plaintiff cannot establish the existence of a clearly established

Picozzi v. Sandalow

623 F. Supp. 1571 · District Court, E.D. Michigan · Jan 2, 1986

Qualified Immunity Even if Sandalow did violate Picozzi’s procedural due process rights, and I hold he did not, I also hold that Sandalow is entitled on the facts of this case to qualified immunity. … It is now clear that qualified immunity shields officials from damage liability as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Feliciano v. City of Miami Beach

844 F. Supp. 2d 1258 · District Court, S.D. Florida · Feb 22, 2012

federal and state statutory immunity: “[sjince the issues of qualified immunity under § 1983 and statutory immunity under Fla. … Sweeting failed to take into account the doctrine of qualified immunity and state statutory immunity in determining that the defendants employed excessive force. See Quiet Technology DC-8, Inc. v.

Mitchell v. Lealman Volunteer Fire Co.

985 F. Supp. 1436 · District Court, M.D. Florida · Sep 30, 1996

However, a terminable-at-will employment relationship fails to constitute a clearly established property interest. 7 Ac *1440 cordingly, Lealman is qualifiedly immune from any claims associated with its decisions to either … The parties agree that qualified immunity precludes the plaintiffs’ claims against these defendants.

Swinton v. City of New York

785 F. Supp. 2d 3 · District Court, E.D. New York · Mar 28, 2011

Consistent with established precedent, the parties agree that Detective Barry (along with other unnamed police officers) is entitled to qualified immunity, which “protects officials from liability for civil damages as long … as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Williams v. Goldsmith

905 F. Supp. 996 · District Court, M.D. Alabama · Nov 28, 1995

Execution of process is clearly an “on duty” or official activity. … Sovereign immunity includes a qualified immunity available to state officers acting within the general scope of their authority who perform discretionary functions. Phillips, 555 So.2d at 85 .

Doe v. Rumsfeld

District Court, District of Columbia · Aug 2, 2011

The doctrine of qualified immunity generally shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … Where, however, the plaintiff’s well-pleaded factual allegations, taken as true, show the violation of a clearly-established constitutional right, a defendant’s motion to dismiss on grounds of qualified immunity must be

White v. City of Philadelphia

118 F. Supp. 2d 564 · District Court, E.D. Pennsylvania · Oct 27, 2000

Because qualified immunity turns on whether a constitutional right was clearly established, the threshold inquiry is whether plaintiffs allege a cognizable constitutional injury. See, e.g., Sharrar v. … Failure to establish a constitutional violation clearly entitles the Officers to qualified immunity. See In re City of Philadelphia Litig., 158 F.3d 711, 719 (3d Cir.1998).

McCracken v. Haas

324 F. Supp. 3d 939 · District Court, E.D. Michigan · Jun 27, 2018

In the other part of the analysis, courts ask "whether the [allegedly violated] right was clearly established." Id. … Defendants Haas, Brown-Brandon, McCabe, and Warren are entitled to qualified immunity for these claims. B.

Ysais v. New Mexico, Judicial Standard Commission

616 F. Supp. 2d 1176 · District Court, D. New Mexico · Mar 31, 2009

rights were clearly established at the time. … Both absolute judicial immunity and qualified immunity provide immunity from suit. See Mitchell v.

Lear v. Zanick

850 F. Supp. 2d 481 · District Court, M.D. Pennsylvania · Feb 6, 2012

was ‘clearly established’ at the time of the challenged conduct.” … Defendants Lewis, Mercer, and Haubrick are entitled to qualified immunity. G.

Ehlinger & Associates. v. Louisiana Architects Ass'n

989 F. Supp. 775 · District Court, E.D. Louisiana · Jan 5, 1998

The Supreme Court also established in Hallie that when a municipality is acting pursuant to a clearly expressed state policy, it is immune from antitrust liability even if the state did not actively supervise the execution … By authorizing the LASB to award contracts without regard to price competition and to “allocate work among those desirous and qualified” to do it, the legislation clearly foresaw that competition in the economic sense would

Rogers v. Rockingham County

District Court, D. New Hampshire · Jul 23, 1998

Defendant Charron seeks summary judgment on the ground of qualified immunity under Harlow v. … In short, taking plaintiff's allegations as true, Charron should have known that his conduct violated Rogers' clearly established constitutional rights. Qualified immunity is therefore inappropriate.

Brown v. Chicago Board of Education

973 F. Supp. 2d 870 · District Court, N.D. Illinois · Sep 25, 2013

The qualified immunity inquiry consists of two parts: (1) whether the facts alleged amount to a constitutional violation; and (2) whether the alleged violation was clearly established at the time of the conduct. … Here, Brown’s individual-capacity claim against Mason fails because the alleged violation was not clearly established.

Guttman v. Khalsa

320 F. Supp. 2d 1164 · District Court, D. New Mexico · Sep 15, 2003

New Mexico is well established under Tenth Circuit law. a. … Instead, the Court held that these individuals were entitled to qualified immunity. Id.