Case law

Fortugno v. Trachtenberg

202 F. Supp. 177 · District Court, E.D. Pennsylvania · Feb 23, 1962

The plaintiff argued that even admitting the existence of the doctrine of charitable immunity under Pennsylvania law, under the facts in the instant case, defendant does not qualify as a charity entitled to that immunity. … Legislature to abrogate that immunity.

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.

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).

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 .

Szoke v. Carter

974 F. Supp. 360 · District Court, S.D. New York · Aug 25, 1997

Qualified Immunity Sweet contends that he is entitled to qualified immunity from suit insofar as he has been sued in his individual capacity. … In general, public officials are entitled to qualified immunity if their conduct does not violate constitutional rights that were clearly established at the time the alleged violation occurred. See Harlow v.

Kelley v. Mayhew

973 F. Supp. 2d 31 · District Court, D. Maine · Sep 23, 2013

The manual explains that: a public entity may not establish requirements for the program or activities of licensees that would result in discrimination against qualified individuals with disabilities. … The licensing rules promulgated by DLRS clearly constitute substantive state law.

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.

Dick v. Watonwan County

551 F. Supp. 983 · District Court, D. Minnesota · Dec 1, 1982

of [his or her] conduct, as measured by reference to clearly established law .... ” Harlow v. … The maximum scope of immunity to which a welfare official is entitled is qualified immunity. Morrison v.

Wren v. Jones

457 F. Supp. 234 · District Court, S.D. Illinois · Aug 21, 1978

These defenses concern qualified immunity and good faith. … They have been unable to establish any basis for qualified immunity. They must be held liable for compensatory damages and attorneys’ fees.

Scott v. Ozmint

467 F. Supp. 2d 564 · District Court, D. South Carolina · Dec 14, 2006

The Defendants are entitled to qualified immunity from suit in this case because their conduct did not violate any clearly established constitutional or statutory riyhts of which a reasonable person should have known Even … As the Plaintiff has shown no violation of a clearly established right, the Defendants are entitled to qualified immunity and the Plaintiffs action should be dismissed as a matter of law. F.

Sawyer v. Asbury

861 F. Supp. 2d 737 · District Court, S.D. West Virginia · May 18, 2012

Sept. 30, 2008) (stating that officer was not entitled to qualified immunity on claim that he allegedly punched a handcuffed prisoner in the back of the head); see also Jones v. … . *745 2003) (finding no qualified immunity on Fourth Amendment claim against officer who knocked individual to the ground and jumped on him in a holding center); Bailey v.

Gonzalez v. Narcato

363 F. Supp. 2d 486 · District Court, E.D. New York · Mar 24, 2005

Qualified Immunity Plaintiff fails to establish that any of the defendants violated his constitutional rights. … Defendants are entitled to qualified immunity if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendants to believe that their action did their not

Brettler v. Purdue University

408 F. Supp. 2d 640 · District Court, N.D. Indiana · Jan 10, 2006

State Immunity from Suit Under Title I of the ADA Title I of the ADA prohibits certain employers, including the States, from “discriminating] against a qualified individual with a disability because of the disability of such … To establish a claim under Title II, Brettler must prove: (1) that he is a qualified individual; (2) with a disability; and (3) that he was excluded from participation in or denied the benefits of the services, programs,

Grassia v. PIERS

735 F. Supp. 2d 1 · District Court, D. Massachusetts · Aug 3, 2010

Qualified immunity may also protect officers from liability in suits brought pursuant to 42 U.S.C. § 1983 . The touchstone of qualified immunity is whether the officer’s conduct was objectively reasonable. … The Court will enter summary judgment in favor of Piers and Delaney because they are entitled to qualified immunity. First, however, a housekeeping matter requires attention.

Turner v. Mull

997 F. Supp. 2d 985 · District Court, E.D. Missouri · Feb 5, 2014

“Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable person … If the answer is no, the Court grants qualified immunity. If the answer is yes, the Court then analyzes “whether the right was clearly established.” Id.

Dill v. Village of Gowanda

952 F. Supp. 989 · District Court, W.D. New York · Jan 21, 1997

Qualified Immunity. … Even when such rights are clearly established, qualified immunity will protect a government official “if it was objectively reasonable for [the official] to believe that his [or her] acts did not violate those rights.”

Lipton v. County of Orange, NY

315 F. Supp. 2d 434 · District Court, S.D. New York · Apr 14, 2004

“The qualified immunity doctrine shields ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … judgment on qualified immunity grounds is inappropriate.”

Figueroa v. Blackburn

39 F. Supp. 2d 479 · District Court, D. New Jersey · Mar 10, 1999

Judicial Immunity It is a well-established principle of Angelo-American jurisprudence that judges are generally afforded absolute immunity from civil suits for money damages. See Mireles v. … Ray, 386 U.S. 547, 555 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967) (stating that police officers are granted qualified immunity); Tucker, 410 F.Supp. at 512 (applying qualified immunity standard to a mayor and an attorney general

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.

Wilson Ex Rel. Estate of Wilson v. Taylor

597 F. Supp. 2d 451 · District Court, D. Delaware · Feb 13, 2009

Qualified Immunity under Federal and State Law In their motion for summary judgment, defendants claim that the doctrine of qualified immunity applies to all defendants in their individual capacities and that, therefore, this … right; and (2) the right was clearly established in the light of the specific context of the case.”