Case law

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Mar. 11, 1996) (unpublished), the court held that “to establish a claim under Title IX, the plaintiff must establish that an educational institution receiving federal assistance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

Gamboa v. King County

562 F. Supp. 2d 1288 · District Court, W.D. Washington · May 7, 2008

Police officers are, however, entitled to qualified immunity for their actions. … Qualified immunity shields government officials, acting within one of their discretionary functions, from civil liability as long as their conduct “does not violate clearly established constitutional rights of which a reasonable

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.

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.”

United States v. Navarro

District Court, District of Columbia · Jul 28, 2023

Br.], at 10–11; June 21, 2023 Hr’g Tr., ECF No. 90 [hereinafter June Hr’g Tr.], at 83–84 (defense counsel agreeing that Defendant is entitled only to qualified immunity). … See Testimonial Immunity Before 1 The Department of Justice did not publicly announce its view that a former aide of a former President is entitled to no more than qualified testimonial immunity until after Defendant

Burrow Ex Rel. Burrow v. Postville Community School District

929 F. Supp. 1193 · District Court, N.D. Iowa · Jun 17, 1996

The Ninth Circuit assumed arguendo that Title IX applies to peer sexual harassment, but granted the official "qualified immunity” since a duty to prevent peer sexual harassment was not "clearly established” in the case law … Under the principle of qualified 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

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.

City of New York v. Beretta U.S.A. Corp.

234 F.R.D. 46 · District Court, E.D. New York · Mar 7, 2006

Orders rejecting absolute and qualified immunity of a government official, Eleventh Amendment immunity of a state, or the double jeopardy of a defendant fall within the circle. Id. … Here, likewise, defendants claim immunity based on a statute — the PLCAA — and analogize it to qualified immunity. But here, as in Hallock , the analogy is inapposite.

Morin v. Tormey

620 F. Supp. 2d 353 · District Court, N.D. New York · Jun 3, 2009

Fourth, they maintain they are entitled to qualified immunity as a matter of law. … Finally, defendants are not entitled to either qualified or sovereign immunity.

Kowaleski v. Lewis

643 F. Supp. 2d 259 · District Court, N.D. New York · Aug 13, 2009

, and deny qualified immunity. … Plaintiff adduced sufficient factual evidence of violations of clearly established constitutional rights to avoid qualified immunity to the defendants as a matter of law.

Goulmamine v. CVS Pharmacy, Inc.

138 F. Supp. 3d 652 · District Court, E.D. Virginia · Oct 9, 2015

As discussed below, Goulma-mine has raised facts that would allow a jury to find that CVS acted with malice, potentially negating the qualified immunity defense. … outside the scope of *667 its duty, thereby establishing malice and defeating qualified privilege.

AM BY AND THROUGH LAW v. Grant

889 F. Supp. 1495 · District Court, M.D. Alabama · Jun 21, 1995

Under this test, public officials performing discretionary functions which would objectively appear to be within the official's authority have qualified immunity if their challenged conduct did not violate a clearly established … The Eleventh Circuit recently explained that [f]or the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context

Lupo v. Voinovich

858 F. Supp. 699 · District Court, S.D. Ohio · Jul 22, 1994

immunity. … The Court also notes that Lupo seeks equitable and declaratory relief, neither of which is affected by an assertion of qualified immunity.

Walton v. Lyons

962 F. Supp. 126 · District Court, C.D. Illinois · Apr 28, 1997

Although the mistake was unfortunate, neither state stab utes nor case law clearly establishes a duty on the part of the State’s Attorney to correct such police records. See 55 ILCS 5/3-9005. … Therefore, the defendant is entitled to qualified immunity on that claim. Finally, the plaintiff has no cause of action against the State’s Attorney for failing to prosecute the bar bouncer.

Flood v. State of Alabama Dept. of Indus. Relations

948 F. Supp. 1535 · District Court, M.D. Alabama · Dec 10, 1996

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … However, because Pate and Willett have asserted qualified immunity, Flood “must establish more than broad legal truisms; he ... must demonstrate that the law fixed the contours of the right so clearly that a reasonable official

Schlier v. Rice

630 F. Supp. 2d 458 · District Court, M.D. Pennsylvania · Oct 9, 2007

Defendants Are Not Entitled to Qualified Immunity Defendants assert that they are entitled to qualified immunity from Plaintiffs’ claims. … A defendant has the burden to establish that he is entitled to qualified immunity. See Beers-Capitol v. Whetzel, 256 F.3d 120 , 142 n. 15 (3d Cir.2001). The qualified immunity inquiry proceeds in two steps.

Equal Employment Opportunity Commission v. HBE Corp.

157 F.R.D. 465 · District Court, E.D. Missouri · Jul 26, 1994

The work product doctrine accords a qualified immunity to documents that are prepared in anticipation of litigation and/or that reflect conclusions, opinions, legal theories or mental impressions of a party’s attorney. … The qualified immunity may be overcome only by a showing of substantial need for the documents and inability, without undue hardship, to obtain the substantial equivalent of the documents by other means.

Hernandez v. City of Napa

781 F. Supp. 2d 975 · District Court, N.D. California · Mar 21, 2011

The standard for qualified immunity is the “ ‘objective legal reasonableness’ of the action, assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” Anderson v. … Therefore, these cases alone do not clearly establish a triable issue of fact on qualified immunity.

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.

Bonollo Rubbish Removal, Inc. v. Town of Franklin

886 F. Supp. 955 · District Court, D. Massachusetts · May 26, 1995

The individual Town Defendants’ cross-motion is granted as to all claims against them on the grounds of qualified immunity. … The individual Town Defendants therefore enjoy qualified immunity and the complaint is dismissed as to them. D.