Case law

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

Suarez v. Charlotte-Mecklenburg Schools

123 F. Supp. 2d 883 · District Court, W.D. North Carolina · May 4, 2000

The plaintiff in such a case must first establish a prima facie case of discrimination based on national origin, specifically by showing: (1) that [he] is a member of a protected class; (2) that [he] was qualified for his … Nevertheless, Plaintiff clearly has not established the required causal nexus to any adverse employment action to establish a prima facie case of retaliation. Plaintiff alleges two instances of retaliation.

Petrucelli v. Hasty

605 F. Supp. 2d 410 · District Court, E.D. New York · Mar 25, 2009

A defendant is “entitled to qualified immunity if either (1) his actions did not violate clearly established law or (2) it was objectively unreasonable for him to believe that his actions did not violate clearly established … Id at 167 (explaining that Iqbal’s procedural due process right “was not clearly established with the level of specificity that is required to defeat a qualified immunity defense.”).

Davis v. North Carolina

180 F. Supp. 2d 774 · District Court, E.D. North Carolina · Nov 20, 2001

The amendment will allow Plaintiffs to avoid Defendants’ Eleventh Amendment sovereign immunity defense, and is thus clearly not futile. 1 For these reasons, the *777 Court, and will accept the Amended Complaint. … It is well-established that a Plaintiffs injury must be “concrete and particularized, and ... actual or imminent, not conjectural or hypothetical ...” in order to qualify as an “injury in fact.”

Ghawanmeh v. Islamic Saudi Academy

672 F. Supp. 2d 3 · District Court, District of Columbia · Nov 27, 2009

Because defendants, who bear the burden of establishing that none of the FSIA exceptions to sovereign immunity apply, *9 challenge only the legal sufficiency of plaintiffs jurisdictional claims, the Court will take plaintiffs … Clearly, there can be no more obvious and implicit waiver of sovereign immunity than the sovereign’s express intent to subject itself to the jurisdiction of a foreign court as demonstrated by a choice of law clause within

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

Espinoza v. City of New York

194 F. Supp. 3d 203 · District Court, E.D. New York · Jul 6, 2016

. § 1983 , state law claims against the individual Defendants, and qualified immunity. … Qualified Immunity ■ Defendants assert that Perrone, Riker, and Loesch are entitled to qualified immunity.

LaFleur v. Wallace State Community College

955 F. Supp. 1406 · District Court, M.D. Alabama · Jun 18, 1996

President Bailey contends that, in his individual capacity, he is immune from such damages under the well-established doctrine of qualified immunity. … Under the second prong, the court must determine whether the applicable law was clearly established at the time of the chai- *1423 lenged action.

MS Ex Rel. Soltys v. SEMINOLE COUNTY SCHOOL BD.

636 F. Supp. 2d 1317 · District Court, M.D. Florida · Jul 10, 2009

duties have the benefit of qualified immunity when sued in their individual capacities so long as their conduct does not violate any clearly established statutory or constitutional rights known to a reasonable person. … Whether the Law Was Clearly Established The right to be free from excessive and arbitrary corporal punishment in a school context is clearly established under the precedent of the U.S.

Berg v. Johnson & Johnson

940 F. Supp. 2d 983 · District Court, D. South Dakota · Apr 12, 2013

“The rule clearly is one of admissibility rather than exclusion.” Sappington v. Skyjack, Inc., 512 F.3d 440, 448 (8th Cir. 2008). … Second, the proposed witness must be qualified to assist the finder of fact.

National Foods, Inc. v. Rubin

727 F. Supp. 104 · District Court, S.D. New York · Dec 18, 1989

Civ.P. 56(b) for summary judgment on the ground that defendant is protected from litigation and liability by qualified immunity. … I do not reach defendant’s abstention, indispensable parties and qualified immunity arguments. SO ORDERED. 1 .

Rellergert v. Cape Girardeau County, Mo.

724 F. Supp. 662 · District Court, E.D. Missouri · Oct 25, 1989

Ordinarily, law enforcement officials are protected by a qualified immunity. … When a defense of qualified immunity is raised it must be clearly established that a defendant's conduct in the circumstances amounted to deliberate indifference.

Caine v. Burge

897 F. Supp. 2d 714 · District Court, N.D. Illinois · Sep 14, 2012

The court further found that the prosecutor was not entitled to qualified immunity for alleged pretrial activities because, if proven, the plaintiffs’ asserted claims constitute a violation of a clearly established constitutional … established due process rights.”

Paulone v. City of Frederick

718 F. Supp. 2d 626 · District Court, D. Maryland · Feb 17, 2010

To establish a violation of either statute, 20 Paulone must show that: (1) she is a qualified individual with a disability, (2) she was discriminated against, excluded from participation in, or denied the benefits of a public … Thus, Jenkins's liability will be analyzed under the MTCA framework, which confers qualified immunity on state officials. See Md.Code Ann., State Gov’t § 12-101 (a)(6) (West 2009); Barbre v.

Victory Outreach Center v. Melso

313 F. Supp. 2d 481 · District Court, E.D. Pennsylvania · Mar 22, 2004

Qualified Immunity The Police Officers also argue that even if White were to establish a violation of his Fourth or First Amendment rights, the doctrine of qualified immunity shields them from liability. … In the context of a claim based on probable cause, qualified immunity shields officers from suit for damages if a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the

Leach v. Clay

District Court, District of Columbia · May 3, 2022

Legal Standard “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. … The qualified-immunity inquiry can be resolved on either of its two prongs: (1) whether the plaintiff has made out a violation of a constitutional right, or (2) whether the right in question was clearly established at the

Leach v. Clay

District Court, District of Columbia · Mar 30, 2022

Legal Standard “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. … Because of this similarity, courts’ analysis of the qualified privilege mirrors the qualified-immunity inquiry.

Eliason Corp. v. Bureau of Safety & Regulation of the Michigan Department of Labor

564 F. Supp. 1298 · District Court, W.D. Michigan · May 25, 1983

The deputies argue, among other things, that they are entitled to qualified good-faith immunity. … The Supreme Court has recently refined the limits of qualified good-faith immunity, holding that government officials are shielded from liability for damages when “their conduct does not violate clearly established statutory

Czikalla v. Malloy

649 F. Supp. 1212 · District Court, D. Colorado · Dec 8, 1986

In In Re Scott County Master Docket, 618 F.Supp. 1534 (D.Minn.1985) the court held: Governmental officials do enjoy a qualified or good faith immunity in Section 1983 actions, (emphasis added). Id. at 1549 . … Absolute immunity was rejected and a qualified immunity (good faith immunity) was allowed. 2 See also Cameron v.

Celona v. Erickson

270 F. Supp. 3d 473 · District Court, D. Massachusetts · Sep 19, 2017

The qualified 'immunity inquiry has two parts. … Pierre is entitled to qualified immunity with respect to this claim.