Case law

Pinter v. City of New York

976 F. Supp. 2d 539 · District Court, S.D. New York · Oct 10, 2013

immunity would effectively extend the defense of qualified immunity to municipalities, contravening the Supreme Court’s holding in Owen.” 54 Askins conflicts with Pinter II. … immunity. 88 There is a clearly *562 established constitutional right under the Fourth Amendment to be free from the use of force “if it is excessive under objective standards of reasonableness.” 89 A reasonable jury could

Penney v. Town of Middleton

888 F. Supp. 332 · District Court, D. New Hampshire · Nov 21, 1994

Johnson contends that his alleged conduct is protected by the doctrine of qualified immunity. … he is entitled to qualified immunity.

Reilly v. City of Atlantic City

427 F. Supp. 2d 507 · District Court, D. New Jersey · Apr 5, 2006

“The doctrine of qualified immunity shields government officials from civil liability ‘as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … As stated above, Flipping and Snellbaker are entitled to qualified immunity if the constitutional right which was violated was a clearly established right that a reasonable officer would know of.

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.

GUZMAN-VARGAS v. Calderon

672 F. Supp. 2d 273 · District Court, D. Puerto Rico · Dec 9, 2009

Under the qualified immunity doctrine, public officials are entitled to immunity from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Vague allegations, however, will not suffice to establish a qualified immunity defense.

Johnson v. DELOACH

692 F. Supp. 2d 1316 · District Court, M.D. Alabama · Feb 25, 2010

Defendants Boozer, Bradford and Golson argue they are entitled to qualified immunity on the plaintiffs claims lodged against them in their individual capacities. … However, the law of this Circuit precludes a defense of qualified immunity in cases alleging excessive force in violation of the Eighth Amendment because the use of force “maliciously and sadistically to cause harm” is clearly

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

Beaman v. Souk

7 F. Supp. 3d 805 · District Court, C.D. Illinois · Jan 3, 2014

the basis of qualified immunity. … Thus, because it was not clearly established that polygraph reports would have to be disclosed under Brady at the time of Defendant Warner’s alleged conduct, he is entitled to qualified immunity on this claim.

Wright v. Dixon

409 F. Supp. 2d 210 · District Court, W.D. New York · Jan 19, 2006

on the ground of qualified immunity. … To establish qualified immunity, a defendant must show “either ‘(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not

Garcia v. Texas State Board of Medical Examiners

384 F. Supp. 434 · District Court, W.D. Texas · Oct 21, 1974

It can be done only by a duly qualified human being, and to qualify something more than mere knowledge or skill is essential . No corporation can qualify.” … The Texas statutes clearly have a rational basis to justify the restrictions imposed.

Harvey v. Williams

680 F. Supp. 318 · District Court, E.D. Arkansas · Feb 10, 1988

In their motion for summary judgment the defendants raise defenses based on the *320 Eleventh Amendment and the doctrine of qualified immunity. … The defendant is entitled to qualified immunity if he violated no clearly established statutory or constitutional right of which a reasonable person should have known. Harlow v.

Collins v. Board of Education of North Chicago Community Unit School District 187

792 F. Supp. 2d 992 · District Court, N.D. Illinois · May 31, 2011

Tort Immunity Act Defendants argue that all of Plaintiffs state law claims are barred by the Illinois Local Governmental and Governmental Employees Tort Immunity Act (the “Tort Immunity Act” or the “Act”), 745 ILCS 10/1-101 … Thus, to the extent Plaintiffs amended complaint sounds in tort, the Tort Immunity Act grants Defendants immunity. Count IV for defamation per quod clearly sounds in tort and is dismissed with prejudice.

Anderson v. Branen

799 F. Supp. 1490 · District Court, S.D. New York · Jul 31, 1992

immunity bars that claim. … With respect to the defendants’ qualified immunity claim, such a defense may succeed only upon a showing that defendants’ conduct “does not violate clearly established statutory or constitutional rights of which a reasonable

Aguilera v. Wright County

990 F. Supp. 2d 926 · District Court, N.D. Iowa · Jan 6, 2014

Aguilera disputes the applicability of qualified immunity, because the violation of his constitutional rights at issue— not turning over the DCI file — is clearly established, and that a reasonable person would have known … Qualified immunity is not based on such hindsight, after completion of a trial on the merits. Seymour v.

Lasa v. Colberg

622 F. Supp. 557 · District Court, D. Puerto Rico · Oct 1, 1985

It is clear that not everything a legislator may regularly do in his official capacity is necessarily a legislative act qualifying for the immunity protection. … The legislators’ immunity has been established, not for their good, but for the good of the people.

Phelps v. Coy

164 F. Supp. 2d 961 · District Court, S.D. Ohio · Sep 15, 2000

If the constitutional right “the government official allegedly violated was clearly established at the time of the challenged conduct, ‘the immunity defense ordinarily should fail, since a reasonably competent public official … The second and final question presented by a claim of qualified immunity is whether the right in question has been clearly established.

Collins v. Ferguson

804 F. Supp. 2d 134 · District Court, W.D. New York · Jun 23, 2011

Qualified Immunity Defendants also move to dismiss the claims against them on the ground of qualified immunity. That motion is denied. … City of New York, No. 06 Civ. 895, 2007 WL 1573910 , at *9 (S.D.N.Y.2007) (“[b]ecause the qualified immunity defense necessarily involves a fact-specific inquiry, ‘[i]t is generally premature to address the defense of qualified

Front Royal & Warren County Industrial Park Corp. v. Town of Front Royal

922 F. Supp. 1131 · District Court, W.D. Virginia · Apr 11, 1996

Qualified Executive Immunity The defendants raise once again their argument that the court should dismiss this action on the ground of the affirmative defense of qualified executive immunity. … McClure, 865 F.2d 623, 625-26 (4th Cir.1989) (“Public officials ... are clothed with qualified immunity in the performance of discretionary junctions when the action does not violate clearly established statutory or constitutional

Martin v. County of Nassau

692 F. Supp. 2d 282 · District Court, E.D. New York · Mar 12, 2010

In opposition, the defendants contend that these causes of action are precluded by DeCaro’s qualified immunity. … When analyzing qualified immunity in the context of a suit for damages based on an arrest allegedly without probable cause, a police officer is immune from such suit “ ‘if either (a) it was objectively reasonable for the

Green v. White

525 F. Supp. 81 · District Court, E.D. Missouri · Aug 10, 1981

Defendant premises his motion on a qualified immunity that is warranted by his official position. Pursuant to 42 U.S.C. § 1983 , prison officials are entitled to qualified immunity in actions brought by prisoners. … Therefore, if plaintiff’s claim for damages is barred by defendant’s qualified immunity, this cause must be dismissed.