Case law

Browning v. City of Wedowee

883 F. Supp. 618 · District Court, M.D. Alabama · Mar 6, 1995

To establish a cognizable claim under § 1983, the plaintiff must establish two elements: (1) that he or she suffered a deprivation of “rights, privileges or immunities secured by the Constitution and laws” of the United States … The court will reserve ruling on the issue of qualified immunity in order to allow the parties to present briefs in support of their respective positions. III.

Larson v. Snow College

115 F. Supp. 2d 1296 · District Court, D. Utah · Sep 15, 2000

Qualified Immunity Defendants next argue that Larson’s § 1983 claims against the individual defendants must be dismissed because the individual defendants are entitled to qualified immunity. 12 Under the qualified immunity … right was clearly established so that reasonable officials would have understood that their conduct violated that right.

Cohen v. Oasin

863 F. Supp. 225 · District Court, E.D. Pennsylvania · Sep 7, 1994

Oasin enjoys, at most, only a qualified immunity, and is therefore not immune from the lawsuit. Mr. … Oasin with an absolute immunity from this lawsuit. Mr. Cohen contends that Mr. Oasin is entitled, at most, to qualified immunity. The plaintiff argues that since Mr.

Danielson v. Huether

355 F. Supp. 3d 849 · United States District Court · Dec 19, 2018

"Qualified immunity shields a government official from liability in a § 1983 action unless the official's conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Danielson argues that qualified immunity does not apply because Jackley should have known that covering up the April 2015 assault violated a clearly established right.

Diaz-Nieves v. United States

29 F. Supp. 3d 71 · District Court, D. Puerto Rico · Jul 9, 2014

Defendant argues, citing the First Circuit Court of Appeals’ opinion in Rodriguez , that Puerto Rico law recognizes a qualified immunity defense for federal officers involved in these misidentification cases. … Because this case does not involve Bivens claims or a qualified immunity defense, Solis-Alarcon does not govern the Court’s analysis. .

Midwest Knitting Mills, Inc. v. United States

741 F. Supp. 1345 · District Court, E.D. Wisconsin · Jul 10, 1990

It is established principle that the United States, as sovereign, “is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define the court’s jurisdiction to entertain the … In the instant case neither the intentional nor the negligent tortious conduct of Matthews has been clearly delineated or differentiated by the plaintiff’s allegations. 4 .

Odom v. Wilson

517 F. Supp. 474 · District Court, S.D. Ohio · Jun 26, 1981

The Court did, however, also conclude that court reporters and clerks might have an absolute defense to a § 1983 action, under a qualified immunity. … On remand, the trial court was instructed to determine if the appellee-re-porter had “properly raised and established”. the elements of the qualified immunity defense. Id.

Tavares v. Amato

954 F. Supp. 2d 79 · District Court, N.D. New York · Jun 18, 2013

Qualified Immunity Defendants also contend that they are entitled to qualified immunity. … Qualified immunity generally protects governmental officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Johnson v. Wilson

District Court, District of Columbia · Oct 10, 2024

force against Plaintiff and Officer Wilson was not entitled to qualified immunity as a bystander. … immunity and qualified privilege.

Ballas v. City of Reading

168 F. Supp. 2d 398 · District Court, E.D. Pennsylvania · Apr 3, 2001

Under Rule 12(c), the court cannot grant judgment on the pleadings “unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … To qualify as legislative, the act in question must be both substantively and procedurally legislative in nature. In re Montgomery County, 215 F.3d 367, 376 (3d Cir.2000).

Hale O Kaula Church v. Maui Planning Commission

229 F. Supp. 2d 1056 · District Court, D. Hawaii · Oct 24, 2002

Applied here, the Court has little difficulty concluding that Min is entitled to qualified immunity. … Given the finding of absolute quasi-judicial immunity, the Court need not reach whether those individual defendants would be entitled to qualified immunity.

Curtis v. City of Gooding

844 F. Supp. 2d 1101 · District Court, D. Idaho · Jan 4, 2012

Perry argues that Curtis fails to establish facts which would make him individually liable and, further, that he is entitled to qualified immunity. See Defs.’ Mem. in Supp. of Mot. for Summ. … Perry’s Qualified Immunity In § 1983 actions, the doctrine of qualified immunity protects state actors from personal liability for on-the-job conduct so long as the conduct is objectively reasonable and does not violate clearly

Leslie v. Doyle

896 F. Supp. 771 · District Court, N.D. Illinois · Aug 10, 1995

At the time that Doyle acted (which is the relevant date for qualified immunity purposes), it had clearly been established that placing an inmate into segregative custody for no reason violated the inmate's constitutional … It has only been afterward, through the Sandin decision, that what had previously been thought to be clearly established has been ruled otherwise — and that sequence is not the stuff of which a qualified immunity defense

Bates v. University of Texas Medical Branch

425 F. Supp. 2d 826 · District Court, S.D. Texas · Dec 18, 2003

Defendant Clements moves for summary judgment based on qualified and official immunity. The existence of qualified immunity presents a question of law. Siegert v. … If so, “the next, sequential step is to ask whether the right was clearly established.” Id.

Oken v. Nuth

30 F. Supp. 2d 877 · District Court, D. Maryland · Dec 18, 1998

The decision in Ashmus clearly buttressed Oken’s argument that the Eleventh Amendment immunity argument presented a “substantial question” for stay purposes and, moreover, given the split in circuits over the question, that … Since Maryland has adopted no rule of court or statute and since the State Office of Public Defender has established and follows no competency standards in these cases, 3 the State fails to qualify for the benefits of Chapter

Hammond v. Lapeer County

133 F. Supp. 3d 899 · District Court, E.D. Michigan · Sep 25, 2015

The right to be free from the excessive force allegedly applied by Cummings in the elevator was clearly established at the time and Cummings is not entitled to qualified immunity. 4 b. Excessively tight handcuffs. … The right was clearly established.

Ramirez v. Escajeda

298 F. Supp. 3d 933 · District Court, W.D. Texas · Jan 11, 2018

By his Motion, Officer Escajeda alleges that the complaint fails to overcome his qualified immunity. Escajeda Mot. at 9. … Qualified immunity will not protect officers who apply excessive and unreasonable force merely because their means of applying it are novel." Id. at 763-64 .

Wells v. City of Carrollton

678 F. Supp. 632 · District Court, N.D. Texas · Feb 4, 1988

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Plaintiff has the burden of producing competent summary judgment evidence showing facts which will overcome Defendants’ defense of qualified immunity. See Elliott v. Perez, 751 F.2d 1472 (5th Cir. 1985).

Quidachay v. Kansas Department of Corrections

239 F. Supp. 3d 1291 · District Court, D. Kansas · Mar 9, 2017

Defendants’ acceptance of federal funds acts as a waiver of sovereign immunity and renders any arguments against capacity ineffectual. … Although plaintiff may not obtain relief for those 28 refusals, they remain relevant to establish a link between the protected activity and the continued refusals to hire plaintiff.

Marshall v. West

559 F. Supp. 2d 1224 · District Court, M.D. Alabama · Jun 2, 2008

Was the Constitutional Right Clearly Established? … Since the summary judgment facts do not support the objective reasonableness of West’s conduct under clearly-established law, West’s claim of qualified immunity must be denied, and resolution of factual disputes must await