Case law

Paulin v. Figlia

916 F. Supp. 2d 524 · District Court, S.D. New York · Jan 10, 2013

Qualified Immunity Qualified immunity is immunity from suit rather than a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985). … No defendant argues at this stage that qualified immunity bars plaintiff's excessive force claims.

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.”

Hart v. Clearfield City, Davis County

815 F. Supp. 1544 · District Court, D. Utah · Mar 4, 1993

The Tenth Circuit has determined that once the defense of qualified immunity is raised, the plaintiff must prove that the “[defendant’s alleged conduct violated the law and the law was clearly established when the violation … Wright would be entitled to qualified immunity.

Nix v. Evatt

850 F. Supp. 455 · District Court, D. South Carolina · May 5, 1994

Since, the magistrate judge held that the plaintiff did not have a clearly established constitutional right to inmate assistance, he determined that the defendants were entitled to qualified immunity under Harlow v. … qualified immunity purposes....

Campos v. City of Merced

709 F. Supp. 2d 944 · District Court, E.D. California · Apr 28, 2010

Qualified Immunity Qualified immunity shields government officials “from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “If the law did not put the [defendant] on notice that [his] conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id., at 202, 121 S.Ct. 2151 .

Howard v. Regional Transit Authority

667 F. Supp. 540 · District Court, N.D. Ohio · Aug 11, 1987

Fitzgerald, 457 U.S. 800, 819 , 102 S.Ct. 2727, 2739 , 73 L.Ed.2d 396 (1982), assessed in light of the legal rules that were “clearly established” at the time it was taken, id. at 818 , 102 S.Ct. at 2738 . … The defendant RTA patrolmen are protected by qualified immunity in the instant case because a reasonable officer under these circumstances could have believed the arrest of Gerald Howard to be lawful under the clearly established

Weg v. MacChiarola

729 F. Supp. 328 · District Court, S.D. New York · Jan 24, 1990

Fourth, defendants assert that even if the Court finds a deprivation of rights, they are immune from suit based on the doctrine of absolute or qualified immunity. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Joseph M. v. Northeastern Educational Intermediate Unit 19

516 F. Supp. 2d 424 · District Court, M.D. Pennsylvania · May 15, 2007

Qualified Immunity Additionally, the Supervisor Defendants argue that they enjoy qualified immunity. … With regard to the federal claims, public officials generally enjoy qualified immunity for their actions unless those actions violate clearly established constitutional rights of which a reasonable person would know.

Francis v. Northumberland County

636 F. Supp. 2d 368 · District Court, M.D. Pennsylvania · Jul 7, 2009

At this juncture, we address Warden Reish's argument for qualified immunity. … was clearly established.”

Warboys v. Proulx

303 F. Supp. 2d 111 · District Court, D. Connecticut · Feb 4, 2004

clearly established statutory or constitutional rights of which a reasonable person would have known.” … We have explained that "even where the plaintiff’s federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was 'objectively

Milwaukee Mobilization for Survival v. Milwaukee County Park Commission

477 F. Supp. 1210 · District Court, E.D. Wisconsin · Oct 3, 1979

Mikula have attempted to invoke the qualified good faith immunity. Fox Valley, supra. … Accordingly, if the defendants Mikula and Koplin successfully establish their qualified good faith immunity, this will also bar recovery of damages from the governmental defendants. *1223 VI.

Tylena M. Ex Rel. Debra M. v. Heartshare Children's Services

390 F. Supp. 2d 296 · District Court, S.D. New York · Sep 19, 2005

§ 419”), New York common law immunity, and qualified immunity under federal law. a. … Immunity from Suit Under § 1983 The City Defendants’ discussion focuses on the federal doctrine of qualified immunity.

Salaita v. Kennedy

118 F. Supp. 3d 1068 · District Court, N.D. Illinois · Aug 6, 2015

Qualified Immunity Lastly, the University argues that the individual Defendants are all entitled to qualified immunity to the extent that they are sued in their individual capacities. … “The doctrine of qualified immunity protects 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

Tompkins v. City of New York

50 F. Supp. 3d 426 · District Court, S.D. New York · Sep 10, 2014

Qualified immunity is a defense to malicious prosecution claims. See Betts v. Shearman, 751 F.3d 78, 83 (2d Cir.2014). … Because the federal qualified immunity analysis “also applies to, and *440 controls, the qualified immunity questions presented under New York law,” Officer Knights lacks qualified immunity from plaintiffs malicious prosecution

Alvarez v. County of Orange

95 F. Supp. 3d 385 · District Court, S.D. New York · Mar 25, 2015

Qualified Immunity “A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established statutory or constitutional rights of which … Because qualified immunity is “an affirmative defense [that] ... reflects an immunity from suit rather than a mere defense to liability!

Staten v. Adams

939 F. Supp. 2d 715 · District Court, S.D. Texas · Apr 8, 2013

Accordingly, defendants Hawkins and Oliver are entitled to qualified immunity. … Adams, therefore, is also entitled to qualified immunity on such claim.

Fersner v. PRINCE GEORGE'S COUNTY, MD

138 F. Supp. 2d 685 · District Court, D. Maryland · Apr 11, 2001

, they are entitled to the benefit of the qualified immunity defense long recognized under settled Supreme Court and Fourth Circuit precedent. … But this is exactly the point of the qualified immunity defense.

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

Patterson v. Illinois, Department of Corrections

35 F. Supp. 2d 1103 · District Court, C.D. Illinois · Jan 26, 1999

The issue in this case clearly presents this tension. … Accordingly, the Court SUMMARILY HOLDS: (1) Defendants are not immune from suit under the Eleventh Amendment; (2) Defendants are not entitled to qualified immunity; (3) Odie Washington is not a proper defendant under either

Ostensen v. Suffolk County

378 F. Supp. 2d 140 · District Court, E.D. New York · Jul 18, 2005

Qualified immunity “shields government officials from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established statutory or constitutional … the Plaintiffs clearly established rights.