Case law

Wilson v. Maricopa County

463 F. Supp. 2d 987 · District Court, D. Arizona · Nov 9, 2006

Finally, if the right was clearly established, yet based on the circumstances a reasonable person in the defendant’s position could have made a mistake regarding what the law required, the defendant will be entitled to immunity … In addition, Plaintiffs have shown that the right allegedly violated was clearly established at the time of the assault.

Reserve, Ltd. v. Town of Longboat Key

933 F. Supp. 1040 · District Court, M.D. Florida · May 22, 1996

Whether the individual defendants are entitled to qualified immunity depends on whether their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … However, the proffered evidence fails to raise a genuine issue of material fact as to whether these defendants engaged in conduct that violated clearly established, preexisting law. See Post v.

Danley v. Allyn

485 F. Supp. 2d 1260 · District Court, N.D. Alabama · Apr 24, 2007

The court believed that the second amended complaint clearly showed on its face that defendants were not entitled to qualified immunity. … Thus, the “clearly established” test for evaluating such an offending circumstance, as enunciated in Harlow v.

Pekowsky v. Yonkers Board of Education

23 F. Supp. 3d 269 · District Court, S.D. New York · May 29, 2014

Qualified Immunity Qualified immunity “protects public officials performing discretionary functions from personal liability in a civil suit for damages insofar as their conduct does not violate clearly established statutory … Accordingly, Wermuth is not entitled to qualified immunity. CONCLUSION Defendants’ February 7 motions for summary judgment are denied. SO ORDERED. .

Hartry v. County of Suffolk

755 F. Supp. 2d 422 · District Court, E.D. New York · Dec 15, 2010

“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it … Therefore the Court must deny the Defendants’ motion for summary judgment based on qualified immunity. E.

Blevins v. Brew

593 F. Supp. 245 · District Court, W.D. Wisconsin · Aug 29, 1984

On June 4, 1984, a trial was held to determine the two issues remaining in this case: qualified immunity and damages. … established constitutional rights and that defendant is not immune from liability for civil damages.

Moore v. Smith

360 F. Supp. 3d 388 · District Court, E.D. Louisiana · Dec 19, 2018

on the grounds of qualified immunity. … To defeat the qualified immunity defense at this stage, Plaintiffs must plead sufficient facts to make it plausible that Defendant's conduct: "(1) violated a 'clearly established federal constitutional right;' and (2) was

Fillmore v. Eichkorn

891 F. Supp. 1482 · District Court, D. Kansas · May 18, 1995

Wyatt, 18 F.3d 869, 871 (10th Cir. 1994): As our jurisprudence makes clear, when a defendant raises qualified immunity, the burden shifts to the plaintiff to establish the defendant violated clearly established constitutional … be entitled to qualified immunity from any damages award.

Ohland v. City of Montpelier

467 F. Supp. 324 · District Court, D. Vermont · Feb 26, 1979

Individual defendants have a qualified immunity measured by both objective and subjective tests of good faith. … The “qualified good-faith immunity” set forth by the Supreme Court, Wood v.

McGregor v. City of Olathe, KS

158 F. Supp. 2d 1225 · District Court, D. Kansas · Mar 22, 2001

Qualified Immunity To the extent that plaintiff asserts constitutional claims against the defendants in their individual capacities, the defense of qualified immunity is applicable. … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

Judicial Watch, Inc. v. Rossotti

217 F. Supp. 2d 618 · District Court, D. Maryland · Mar 27, 2002

Government officials performing discretionary functions are entitled to qualified immunity to the extent that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is “an immunity from suit rather than a mere defense to liability.” Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985).

Johnson v. Waters

970 F. Supp. 991 · District Court, M.D. Alabama · Apr 22, 1997

Qualified immunity protects “government officials performing discretionary functions from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Defendant Waters’s motions to dismiss and for summary judgment based on qualified immunity, Eleventh Amendment immunity, any and all other grounds are DENIED.

Brown v. Wilhelm

923 F. Supp. 2d 314 · District Court, District of Columbia · Feb 15, 2013

immunity. … of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”)

Cappi S. Thompson v. Zachary J. Howry, et al.

2024 DNH 082 · District Court, D. New Hampshire · Sep 30, 2024

County of San Diego, 985 F.3d 657 (9th Cir. 2021), the majority held that “because the clearly established law prong [of the qualified immunity analysis] focuses objectively on whether it would be clear that the defendant … ’s conduct violated the constitution, lack of notice regarding the mental state required to establish liability has no bearing on the [qualified immunity] analysis.”

Schultz v. Doher

335 F. Supp. 3d 177 · District Court, District of Columbia · Sep 27, 2018

Qualified immunity serves as a shield to government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Courts use a two-part test to determine whether qualified immunity applies: (1) whether the facts alleged by the plaintiff make out a violation of a constitutional right; and if so (2) whether the right was clearly established

Alston v. Virginia High School League, INC.

108 F. Supp. 2d 543 · District Court, W.D. Virginia · Aug 19, 1997

Although local governing bodies are, in a sense, arms of the state, the Court has distinguished them from state agencies, because local entities clearly enjoy no immunity from § 1983 suits when the allegedly unconstitutional … up of a group of local government officials, all of whom have individual qualified immunity; and (2) its relationship to the state is akin to that of state employees who have qualified immunity are unpersuasive because of

University of Alabama Board of Trustees v. New Life Art, Inc.

567 F. Supp. 2d 1326 · District Court, N.D. Alabama · Jul 11, 2008

Gaston Are not Entitled to Qualified Immunity.... *1329 II. Even Without the Bar of Qualified Immunity, Defendants Fail to State A Claim Against President Witt and Dr. Ga-ston. ... A. … The Court does not question the established law that the denial of state agent immunity is immediately appealable. See Sheth v.

Mihos v. Swift

235 F. Supp. 2d 45 · District Court, D. Massachusetts · Dec 17, 2002

complains violated clearly established law. … The standard for deciding issues concerning a public official’s qualified immunity ordinarily turns on whether the right in question “was clearly established when the harm-inducing conduct allegedly took place.”

Weisbord v. Michigan State University

495 F. Supp. 1347 · District Court, W.D. Michigan · Aug 26, 1980

and was qualified for the job for which the defendant was seeking applicants, 3) that, although qualified, he was rejected, and 4) that after plaintiff was rejected the job remained open and applicants were still being sought … Plaintiff has quite clearly made sufficient allegations to support this Title VII theory.

Garcia v. Senkowski

919 F. Supp. 609 · District Court, N.D. New York · Mar 20, 1996

Qualified Immunity “Government officials performing discretionary functions generally are shielded from liability for cml damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate