Case law

Wallin v. Cincinnati Eye Bank for Sight Restoration, Inc.

733 F. Supp. 1152 · District Court, S.D. Ohio · Mar 20, 1990

may be asserted to establish nonliabili *1154 ty. … a qualified individual to do so.

Smith v. Delaware

745 F. Supp. 2d 467 · District Court, D. Delaware · Jun 25, 2010

“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 … Even assuming that all of the actions un *481 dertaken by Finn are subject only to qualified immunity, she is immune.

Sawyer v. Asbury

861 F. Supp. 2d 737 · District Court, S.D. West Virginia · May 18, 2012

Sept. 30, 2008) (stating that officer was not entitled to qualified immunity on claim that he allegedly punched a handcuffed prisoner in the back of the head); see also Jones v. … . *745 2003) (finding no qualified immunity on Fourth Amendment claim against officer who knocked individual to the ground and jumped on him in a holding center); Bailey v.

Dejarnett v. Willis

976 F. Supp. 2d 1271 · District Court, M.D. Alabama · Oct 4, 2013

Because Dejarnett cannot prove that Mayor Willis and Grier violated her clearly established equal protection rights, they are entitled to the defense of qualified immunity as to that claim. … Given that Dejarnett cannot prove that Mayor Willis and Grier violated her clearly established due process rights, they are entitled to the defense of qualified immunity as to that claim.

Wilson Ex Rel. Estate of Wilson v. Taylor

597 F. Supp. 2d 451 · District Court, D. Delaware · Feb 13, 2009

Qualified Immunity under Federal and State Law In their motion for summary judgment, defendants claim that the doctrine of qualified immunity applies to all defendants in their individual capacities and that, therefore, this … right; and (2) the right was clearly established in the light of the specific context of the case.”

N.N. v. Tunkhannock Area School District

801 F. Supp. 2d 312 · District Court, M.D. Pennsylvania · Jul 8, 2011

They raise the affirmative defenses of absolute immunity and qualified immunity. … Harrisburg County Police Dept., 91 F.3d 451, 462 (3d Cir.1996) (absolute immunity). Because no money damages are sought against Ide, Skumanick, and Mitchell, neither absolute nor qualified immunity applies.

Jeanty v. County of Orange

379 F. Supp. 2d 533 · District Court, S.D. New York · Jul 27, 2005

Qualified Immunity As a general rule, law enforcement officers are entitled to qualified immunity if: (1) their conduct does not violate clearly established constitutional rights; or (2) it was objectively reasonable *542 … Accordingly, we conclude that there are material issues of fact that preclude summary judgment on the defense of qualified immunity. 2.

Federico v. Capital Gaming International, Inc.

888 F. Supp. 354 · District Court, D. Rhode Island · Jun 20, 1995

The First Circuit has firmly established that the Narragansett Indian Tribe has been federally recognized as a tribe that enjoys “a government-to-govemment relationship to the United States.” Maynard v. … Plaintiff argues that the Tribe waived its immunity by retaining “a citizen of the State,” an active lobbyist, to assist the tribe in achieving qualifying status, pursuant to the Gaming Act, “to conduct Class III Gaming.”

Lovell v. Floyd County

710 F. Supp. 1364 · District Court, N.D. Georgia · Mar 31, 1989

Qualified immunity insulates government officials from personal liability when performing discretionary functions insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Summary judgment on Lovell’s first amendment claim based on the individual defendant’s qualified immunity is not warranted because a jury could find that Defendants violated Lovell’s clearly established first amendment rights

Walker v. Femino

311 F. Supp. 3d 441 · District Court, District of Columbia · May 2, 2018

Even when an individual's rights have been violated, a police officer may nonetheless be entitled to qualified immunity. … "The doctrine of qualified immunity protects government officials 'from liability for certain damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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.

Chun-Yu Zhao v. Holder

890 F. Supp. 2d 71 · District Court, District of Columbia · Sep 12, 2012

All three defendants, acting in their respective official capacities, enjoy qualified immunity against “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Plaintiff argues that defendants are not entitled to qualified immunity in light of their “failure to simply investigate her scientifically substantiated claim of misconduct.” Pl.’s Opp. to Defs.’

JURADO SANCHEZ v. Pereira

525 F. Supp. 2d 248 · District Court, D. Puerto Rico · Oct 25, 2007

Qualified Immunity Prison officials and officers are entitled to qualified immunity from damages in a Section 1983 claim “if they acted with the objective good faith belief that they were not violating the plaintiffs statutory … The three-part inquiry requires the court to consider: (1) whether the *255 plaintiffs allegations, if true, establish a constitutional violation; (2) if so, whether the right was clearly established at the time of the alleged

Rzayeva v. United States

492 F. Supp. 2d 60 · District Court, D. Connecticut · May 31, 2007

Qualified Immunity To the extent any claims remain against Defendants Chen, Hames, or the individual State Defendants, they are dismissed because these defendants are entitled to varying degrees of qualified immunity. … Plaintiffs have not established that Mr. Chen violated their clearly established constitutional rights by declining to investigate or prosecute Ms. Musay-elova’s death.

Graddy v. City of Tampa

996 F. Supp. 2d 1193 · District Court, M.D. Florida · Jan 23, 2014

As one court has explained: A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement … Accordingly, the Court concludes that the officers are entitled to qualified immunity with respect to Plaintiffs excessive force claim, because it was not clearly established on November 6, 2008 that the tasing that occurred

Shedrick v. District Board of Trustees of Miami-Dade College

941 F. Supp. 2d 1348 · District Court, S.D. Florida · Apr 23, 2013

The Tenth Circuit further stated, “Moreover, this Court has long held that both qualified and absolute immunity are affirmative defenses that must be pleaded.” Id. … the proceedings, to mean that statutory limits on liability are more akin to defenses of absolute or qualified immunity that must be raised in the pleadings than to the defense of Eleventh Amendment immunity.

Deyo ex rel. D.N. v. Tomball Independent School District

144 F. Supp. 3d 905 · District Court, S.D. Texas · Nov 11, 2015

immunity defense, the question before the court is whether the manner in which Hayes conducted this search was objectively unreasonable in light of clearly established precedent at the time of the search. … established” right and, at the very least, the Individual Defendants are entitled to qualified immunity on Plaintiffs Fourth Amendment claim.

Cash v. Califano

469 F. Supp. 129 · District Court, W.D. Virginia · Mar 13, 1979

was not clearly foreshadowed . . . . … Weinberger, 417 U.S. 628 , 94 S.Ct. 2496 , 41 L.Ed.2d 363 (1974), which clearly establishes a new principle of law, benefits were awarded retroactively to the date of original application for benefits. Jimenez v.

Mason v. Wolf

356 F. Supp. 2d 1147 · District Court, D. Colorado · Feb 15, 2005

To establish a constitutional violation that will survive a claim of qualified immunity, the evidence must show both a clearly established constitutional right and demonstrate conduct that violates that right. Romero v. … QUALIFIED IMMUNITY DEFENSE Whether defendants are entitled to qualified immunity from plaintiffs’ request for damages is a different question.

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.”