Case law

Bakalis v. Board of Trustees of Community College District No. 504

948 F. Supp. 729 · District Court, N.D. Illinois · Sep 13, 1996

The individual defendants further argue that they are entitled to the defense of qualified immunity, contending that in light of the rule of necessity, it was not clearly established that any bias on their part violated Dr … See id. at 322-23 (governmental officials are accorded qualified immunity if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known”) (citation

Millar v. Ojima

354 F. Supp. 2d 220 · District Court, E.D. New York · Jan 28, 2005

QUALIFIED IMMUNITY A defendant that presents a qualified immunity defense in a 12(c) motion faces a “formidable hurdle.” McKenna v. Wright, 386 F.3d 432, 434 (2d Cir.2004). … In analyzing whether a public official is entitled to qualified immunity, the Court looks at whether the conduct complained of violated “ ‘clearly established statutory or constitutional rights of which a reasonable person

Thomas v. Town of Chelmsford

267 F. Supp. 3d 279 · District Court, D. Massachusetts · Jul 25, 2017

Qualified Immunity The individual defendants have asserted that they are protected by the doctrine of qualified immunity, “[T]he qualified immunity inquiry is a two-part test. … In recent years, the Supreme Court has published a.number of.per cu-riam reversals of denials of qualified immunity, emphasizing that “clearly established law” should not be defined “at a high level of generality.”

Sestito v. DeBRULAR

634 F. Supp. 2d 615 · District Court, E.D. Virginia · Jul 10, 2009

immunity because plaintiffs asserted constitutional rights were not clearly established at the time of the arrest and search. … right alleged to have been violated was clearly established on August 2, 2007.

Bean v. Indiana University

855 F. Supp. 2d 857 · District Court, S.D. Indiana · Mar 30, 2012

on qualified immunity. … of the plaintiff, and (2) whether that constitutional right was “clearly established” when the alleged violation took place.

Francois v. Office of Mental Health of New York, Bronx Psychiatric Center

715 F. Supp. 69 · District Court, S.D. New York · May 26, 1989

The Supreme Court has held that the threshold fact of congressional authorization to abrogate Eleventh Amendment immunity is clearly present in a Title VII case. Fitzpatrick v. … Even if it is assumed that Francois is qualified for the title of Medical Specialist by the actions of five of the other facilities and therefore has established a prima facie case, no facts have been presented to demonstrate

Manley v. Texas Southern University

107 F. Supp. 3d 712 · District Court, S.D. Texas · May 12, 2015

Mar. 11, 1996) (unpublished), the court held that “to establish a claim under Title IX, the plaintiff must establish that an educational institution receiving federal assistance intentionally discriminated on the basis of … Its “sole purpose” is to “declare to the several States, that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither

Ameur v. Gates

950 F. Supp. 2d 905 · District Court, E.D. Virginia · Jun 20, 2013

Hence, having been satisfied that the MCA applies to Plaintiff’s claims, the Court finds unnecessary and imprudent any analysis of a Bivens remedy or the effect of qualified immunity in this action. … However, the Court will consider the Government's arguments on sovereign immunity because that argument invokes a subject matter jurisdiction question rather than one of qualified immunity, which arises in the 12(b)(6) context

Mashburn Ex Rel. CM v. Yamhill County

698 F. Supp. 2d 1233 · District Court, D. Oregon · May 4, 2010

Vesper be granted qualified immunity because plaintiffs’' rights had not been clearly established. The parties filed objections to the F & R, as well as responses to the other parties’ objections. … Qualified Immunity I find Mr. Loewen and Mr. Vesper are granted qualified immunity from suit because it was not clearly established that the strip searches at YCJDC were unconstitutional.

Reyes v. Sazan

981 F. Supp. 973 · District Court, E.D. Louisiana · Oct 27, 1997

If plaintiffs can prove their assertions, such behavior would violate clearly established constitutional rights and the Troopers and possibly the Supervisors would not be entitled to qualified immunity. … Thus defendants are not entitled to a dismissal based on qualified immunity.

Fink v. Kitzman

881 F. Supp. 1347 · District Court, N.D. Iowa · Mar 29, 1995

Analytical framework for ADA claims To qualify for relief under the ADA, a plaintiff must establish (1) that he or she is a disabled person within the meaning of the ADA; (2) that he or she is qualified, that is, with or … However, political or electoral pressure alone cannot deprive government officials of absolute immunity or qualified immunity; after all, legislators are the quintessential elected officials and they enjoy absolute immunity

Maynard v. Ferno-Washington, Inc.

22 F. Supp. 2d 1171 · District Court, E.D. Washington · Oct 2, 1998

There is clearly an issue of fact over whether Marta Maynard witnessed a similar accident shortly before her own accident. … The court finds that Ferno-Wash-ington has not established that Mr. Fries is not qualified as an expert. Mr.

IT & E Overseas, Inc. v. RCA Global Communications, Inc.

747 F. Supp. 6 · District Court, District of Columbia · Jun 12, 1990

Moreover, private parties acting in compliance with clearly articulated government policies and programs are immunized from antitrust liability to the same extent as the government entity. … to the qualified immunity afforded to state and *12 local governments.

Hodge v. Bartram

District Court, D. New Mexico · Sep 13, 2021

Relevant Law on Qualified Immunity5 Qualified immunity shields state officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … Clearly, the door has been left open for certain cases to still warrant denial of qualified immunity based on Graham.

Schultz v. The Harry S. Truman Scholarship Foundation

District Court, N.D. California · Mar 10, 2023

Although she described Schultz as “well qualified” for the 7 Scholarship and “admitted that some members of the panel posed questions with 8 ‘irreverence,’” she concluded “others presented themselves in both writing … Supp. 2d 10, 20 (D.D.C. 11 2003) (noting “sovereign immunity precludes demands for jury trials on claims against the 12 federal government unless Congress has clearly waived that immunity and expressly 13 granted

Card v. Dugger

709 F. Supp. 1098 · District Court, M.D. Florida · Jun 17, 1988

Defendant Dugger asserts that he is entitled to qualified immunity against Plaintiff’s claim for monetary damages. … Plaintiff contends that it was clearly established law in 1986 that all inmates be afforded a reasonable opportunity of pursuing their faith and that Defendant Dugger should not be permitted to claim qualified immunity for

Tyus v. Ohio Department of Youth Services

606 F. Supp. 239 · District Court, S.D. Ohio · Mar 4, 1985

Defendants claim that they are shielded from suit in this case by the doctrine of “qualified immunity.” … Based on the present record, the Court cannot conclude that, as a matter of law, defendants’ conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Banks v. York

515 F. Supp. 2d 89 · District Court, District of Columbia · Sep 17, 2007

Immunity “[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 … established at the time Tally acted, and Tally is therefore entitled to qualified immunity.

Williams v. Anderson

753 F. Supp. 1306 · District Court, D. Maryland · Dec 26, 1990

not violate clearly established statutory or constitutional rights of which a reasonable person should have known. … Moreover, at the time those alleged violations occurred, it was clearly established that “the relationship of love and duty in a recognized family unit is an interest in liberty entitled to constitutional protection.”

Bryant v. Noether, et al.

2001 DNH 064 · District Court, D. New Hampshire · Mar 30, 2001

Immunity can be either absolute or qualified. See id. A. … Qualified Immunity In the alternative, Batstone argues that if his determination of probable cause was wrong, he is entitled to qualified immunity and, therefore, not liable under § 1983.