Case law

Weiss v. Missouri Dept. of Mental Health

587 F. Supp. 1157 · District Court, E.D. Missouri · Mar 29, 1984

Thus, defendants did not violate any "clearly established right" of plaintiff on this occasion. … Thus, the Court concludes that such a right was not clearly established in March, 1979, and that defendants are therefore immune under Harlow for failing to provide such a hearing.

Brown-Criscuolo v. Wolfe

601 F. Supp. 2d 441 · District Court, D. Connecticut · Mar 9, 2009

QUALIFIED IMMUNITY “[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly … “[T]he next, sequential step is to ask whether the right was clearly established.” Id.

Dickinson v. University of North Carolina

91 F. Supp. 3d 755 · District Court, M.D. North Carolina · Mar 16, 2015

To succeed on a statute-of-limitations defense at this stage, all facts necessary to show the time bar must clearly appear “on the face of the complaint.” Id. a. … A “qualified individual with a disability” is defined the same as it is under the ADA. See 29 U.S.C. § 705 (20)(B).

Pete v. Tacoma School District No. 10

198 F. Supp. 3d 1206 · District Court, W.D. Washington · Jul 29, 2016

Analyzing qualified immunity is a two-pronged test, considering (1) whether the conduct violated a constitutional right, and (2) whether the right was clearly established. Saucier v. … The parties should first focus them discovery on issues of qualified immunity. a.

Charles v. City of Boston

365 F. Supp. 2d 82 · District Court, D. Massachusetts · Mar 29, 2005

Bogdan’s related qualified immunity argument must also fail because it turns on the absence of a clearly established duty for him to disclose directly to a defendant, which is not the constitutional breach that Charles is … Thus, if the qualified immunity question is “whether a reasonable official could have believed his actions were lawful in light of clearly established law and the information the official possessed at the time of the allegedly

Harley Ex Rel. Johnson v. City of New York

36 F. Supp. 2d 136 · District Court, E.D. New York · Feb 4, 1999

acts did not violate clearly established federally protected rights. … For the same reasons, even if plaintiffs could establish that it was actually Cox and Byers who are properly viewed as the decision-makers, they are entitled to qualified immunity because, in light of the above, reasonable

Doe v. Hagenbeck

98 F. Supp. 3d 672 · District Court, S.D. New York · Apr 13, 2015

Defendants are not Entitled to Qualified Immunity Hagenbeck and Rapp are not entitled to qualified immunity. … A public official is entitled to qualified immunity if his actions do not violate clearly established rights of which a reasonable person, at the time, would have known, or if it was objectively reasonable for the public

Parker v. Bowser

District Court, District of Columbia · Mar 10, 2026

“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 qualified immunity is “immunity from suit,” the Supreme Court has “repeatedly . . . stressed the importance of resolving immunity questions at the earliest possible stage in litigation.” Pearson v.

Roman v. Delgado Altieri

371 F. Supp. 2d 7 · District Court, D. Puerto Rico · Mar 31, 2005

Rivera-Gonzalez, 809 F.2d 125 (1st Cir.1987). *11 The Court also DENIES as MOOT the Qualified Immunity as to those employees whose causes of action have been herein dismissed. … It is known that Qualified Immunity shall not be granted when there is a controversy as to genuine issues of fact pending before the Court. See Caro v. Aponte-Roque, 878 F.2d 1 (1st Cir.1989).

Kanelos v. County of Mohave

893 F. Supp. 2d 1001 · District Court, D. Arizona · Sep 6, 2012

Qualified Immunity Defendants contend that Ekstrom and Walker are entitled to qualified immunity. … 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

Anzaldua v. Northeast Ambulance & Fire Protection District

7 F. Supp. 3d 941 · District Court, E.D. Missouri · Mar 17, 2014

Defendants further claim they are entitled to qualified immunity because Plaintiff cannot show he had a clearly established constitutional right to make false and defamatory statements about Fire District. … The Eighth Circuit takes “a broad view of what constitutes clearly established law for the purposes of a qualified immunity inquiry.” Bearden, 475 F.3d at 929 .

Kaibel v. Municipal Building Commission

920 F. Supp. 2d 1000 · District Court, D. Minnesota · Jan 31, 2013

The qualified immunity defense is evaluated under an objective standard such that “[gjovernment officials are ‘generally shielded from liability for civil damages insofar as their conduct does not violate clearly established … Plaintiffs thus contend that the law was “clearly established” and that the individual Defendants are not entitled to qualified immunity. (Id.)

Stephenson v. United States

961 F. Supp. 221 · District Court, W.D. Arkansas · Oct 9, 1996

Ridgell Ridgell argues that the doctrine of qualified immunity protects her from the claims asserted against her in the complaint. … “[G]ovemment officials performing discretionary functions, generally are shielded from liability for civil damages [and are entitled to qualified immunity] insofar as their conduct does not violate clearly established statutory

Parker v. Carroll

6 F. Supp. 2d 427 · District Court, E.D. Pennsylvania · Jul 16, 1998

Second, the officer defendants argue that they are entitled to summary *429 judgment on the Parkers’ claims because they have qualified immunity. … The officer defendants have not established that their conduct was reasonable as a matter of law in light of clearly established law at the time of the incident because genuine issues of material fact remain regarding the

K.D. v. Swafford

353 F. Supp. 3d 606 · District Court, E.D. Kentucky · Nov 9, 2018

Here, Adkins is entitled to state-law qualified immunity, precluding K.D.'s negligence per se claim against him. … s negligence per se claim, Adkins and Gannon are entitled to qualified immunity.

Zanfardino v. City of New York

230 F. Supp. 3d 325 · District Court, S.D. New York · Feb 3, 2017

“[Actions taken as an investigator enjoy only qualified immunity.” Zahrey v. Coffey, 221 F.3d 342, 346 (2d Cir. 2000). … That claim is clearly foreclosed, however, by established Second Circuit precedent. In Peay v.

Del-Villar-Rosario v. Puerto Rico Department of Justice

573 F. Supp. 2d 496 · District Court, D. Puerto Rico · May 13, 2008

Gonzalez invoked qualified immunity. (Docket No. 17). … However, Plaintiff failed to establish that he qualifies as “disabled” within the meaning of the ADA because he has not identified which major life ac *503 tivity has been impaired by his conditions and the extent of said

Johnson v. City of Saginaw

365 F. Supp. 3d 818 · District Court, E.D. Michigan · Feb 6, 2019

The existence of qualified immunity turns on the question of whether a defendant's action violated clearly established law. Id. at 243-44 , 129 S.Ct. 808 . … As such, Stemple and Cabella do not have qualified immunity.

Giba v. Cook

232 F. Supp. 2d 1171 · District Court, D. Oregon · Mar 31, 2002

Qualified Immunity Defendants assert that they are entitled to qualified immunity. … A government official who performs discretionary functions is entitled to qualified immunity “unless the official’s conduct violates clearly established statutory or constitutional rights of which a reasonable person would

Holmstrom v. Board of County Commissioner

181 F. Supp. 3d 862 · District Court, D. New Mexico · Aug 28, 2016

could not have thought the force constitutionally permissible (violates clearly established law).” … The Court makes no finding on whether Defendant Coon is entitled to qualified immunity on this issue.