Case law

Meyer v. Federal Bureau of Prisons

929 F. Supp. 10 · District Court, District of Columbia · May 24, 1996

Courts have held that plaintiffs relying on Bivens are held to a "heightened pleading standard” requiring plaintiffs to “specify the 'clearly established’ rights they allege to have been violated with ... precision].” … Additionally, federal officials are entitled to qualified immunity from constitutional and statutory claims, and the plaintiff has the burden of showing that the defendants’ alleged actions violated clearly established law

Shipley v. First Federal Savings & Loan Ass'n of Delaware

619 F. Supp. 421 · District Court, D. Delaware · Aug 26, 1985

Qualified immunity, as its name suggests, is immunity subject to condition. … A public official is entitled to qualified immunity so long as his conduct does not violate clearly established law at the time an action occurred. Harlow v.

Miller v. Roycroft

District Court, D. Massachusetts · Mar 31, 2024

Qualified Immunity The doctrine of qualified immunity shields government officials from liability for civil damages if their conduct “does not violate clearly established … Clearly Established Right The Court now turns to the clearly established prong of qualified immunity.

National Commodity & Barter Ass'n v. Gibbs

790 F. Supp. 233 · District Court, D. Colorado · Nov 27, 1991

immunity. … Qualified Immunity.

FUTURE DEV. OF PR v. Estado Libre Asociado De PR

276 F. Supp. 2d 228 · District Court, D. Puerto Rico · Jun 26, 2003

However, Defendants argue that, in their individual capacities, they are also protected by qualified immunity. … The doctrine of qualified immunity "was created to shield government officials from civil liability for the performance of discretionary functions so long as their conduct does not violate clearly established statutory or

Dodge v. County of Orange

226 F.R.D. 177 · District Court, S.D. New York · Jan 27, 2005

Since the law on this point cannot be considered “clearly established” as of the time the searches were conducted on the members of the proposed class, qualified immunity is a common defense applicable to Sheriff Bigger as … immunity purposes, was "clearly established.”

Carson v. Lewis

35 F. Supp. 2d 250 · District Court, E.D. New York · Feb 4, 1999

qualified immunity. … Public officials are entitled to qualified immunity from liability for damages as long as their conduct does not violate clearly established statutory or constitutional rights, Harlow v.

Felton v. Lincoln

429 F. Supp. 2d 226 · District Court, D. Massachusetts · Mar 17, 2006

Qualified Immunity Finally, the defendants have each moved for summary judgment on the grounds of qualified immunity. … Qualified immunity shields government officials performing discretionary functions from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Millicom International Cellular, S.A. v. Republic of Costa Rica

995 F. Supp. 14 · District Court, District of Columbia · Feb 23, 1998

The plaintiffs’ other allegations also fail to establish “direct effects” under this clause. Id. … Additionally, the plaintiffs cannot rely on any repercussion felt by their shareholders and creditors to establish “direct effects” under this clause because any derivative harm would be too indirect to qualify as an “immediate

Bjorklund v. Miller

779 F. Supp. 2d 1283 · District Court, N.D. Oklahoma · Mar 15, 2011

The next question is whether any Defendants are entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Miller may still be entitled to qualified immunity at this stage of the proceedings, however, if Plaintiffs alleged right was not “clearly established at the time official action was taken.” See Walker v.

A.B. ex rel. Ybarra v. City of Woodland Park

174 F. Supp. 3d 1238 · District Court, D. Colorado · Mar 29, 2016

Qualified Immunity When a defendant asserts a qualified immunity defense, the plaintiff initially bears the “heavy two-part burden” of showing that the defendant’s actions violated (1) a constitutional or statutory right … that, (2) was clearly established at the time of the conduct at issue.

Weston J. Stow v. P Robert P. McGrath, et al.

2021 DNH 062 · District Court, D. New Hampshire · Mar 29, 2021

Additionally, they assert that, even if a genuine dispute existed as to retaliation, they are protected by qualified immunity because Stow’s transfer did not violate any clearly established right. … from liability by qualified immunity.

Sanders v. Stanley

794 F. Supp. 2d 755 · District Court, E.D. Michigan · May 13, 2011

If the non-moving party, after sufficient opportunity for discovery, is unable to meet his burden of proof, summary judgment is clearly proper. Celotex Corp. v. … immunity.

Powell v. Nigro

601 F. Supp. 144 · District Court, District of Columbia · Jan 16, 1985

Thus, defendants are at most entitled to qualified immunity if their acts were performed in good faith. … It would be premature for the Court to rule at this time on whether the defendants are protected by qualified immunity as “the scope of that immunity will necessarily be related to facts as yet not established either by affidavits

Collier v. Krane

763 F. Supp. 473 · District Court, D. Colorado · May 1, 1991

That test is whether the Defendant violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The plaintiff must do more than identify in the abstract a clearly established right and allege that the defendant has violated it. Losavio, 847 F.2d at 645 .

DeLeon v. Little

981 F. Supp. 728 · District Court, D. Connecticut · Jun 5, 1997

Qualified immunity protects government officials from civil suits arising from the performance of their discretionary functions when their conduct “‘does not violate clearly established statutory or constitutional rights … Defendant argues that the doctrine of qualified immunity shields her from liability because Plaintiff cannot show that Defendant’s alleged conduct violated any clearly established constitutional rights, or in the alternative

Doe v. Patton

377 F. Supp. 2d 615 · District Court, E.D. Kentucky · Mar 23, 2005

qualified official immunity for claims brought against him in his individual capacity; and (6) there was no waiver of Salyer’s qualified official immunity because there was ■ no evidence that Salyer had negligently performed … Second, we consider whether the violation involved a clearly established constitutional right of which a reasonable person would have known.

Traphan, Nicole v. Wisconsin Department of Health Services

District Court, W.D. Wisconsin · Jul 1, 2025

Erie Foods Int’l, Inc., 576 F.3d 629, 631-33, 641 (7th Cir. 2009) (employees taunted the plaintiff with nooses and threatened him with comments about his death because of his race, which conduct “clearly qualifies as … Instead, DHS contends that plaintiff’s claim fails because she has not established a requisite adverse action. This court agrees.

Marshall v. Indiana University

170 F. Supp. 3d 1201 · District Court, S.D. Indiana · Mar 15, 2016

Further, because Marshall has failed to identify a knowing violation of clearly established due process rights, as defined by Indiana law or the Seventh Circuit, the individual Defendants are also entitled to qualified immunity … Katz, 533 U.S. 194 , 236, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that government officials receive qualified immunity unless: their conduct violated a constitutional right, and the law to this effect was “clearly

Medina-Claudio v. Pereira

443 F. Supp. 2d 208 · District Court, D. Puerto Rico · Jul 19, 2006

Pereira insists, however, that he was not personally involved in the acts described in the complaint, and that he must be afforded qualified immunity since there are no allegations against him in the complaint. … Accordingly, Pereira’s request for dismissal for his lack of personal involvement and for being qualified immune is DENIED.