Case law

Montanez v. Carvajal

224 F. Supp. 3d 1274 · District Court, M.D. Florida · Dec 19, 2016

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 would have known … And because they assert qualified immunity, Defendants need only establish arguable reasonable suspicion to escape civil liability. See Jackson, 206 F.3d at 1165-66.

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.

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.

Davis v. Sarles

134 F. Supp. 3d 223 · District Court, District of Columbia · Sep 29, 2015

Moreover, even if plaintiffs had more clearly stated their case, they face the additional hurdle of the absolute and qualified immunity that prosecutors enjoy. See Atherton v. D.C. … Lieber, 579 F.Supp.2d 175, 179-80 (D.D.C.2008) (discussing prosecutors' qualified immunity from suits relating to their investigative and administrative activities). 7 .

Tohono O'odham Nation v. Ducey

174 F. Supp. 3d 1194 · District Court, D. Arizona · Mar 30, 2016

He concluded that gaming at the casino would not qualify as “Indian gaming permitted under the Tribal-State compact.” Id. … As such, Indian tribes enjoy sovereign immunity. They are not amenable to suit unless Congress has clearly abrogated this immunity or the tribe has clearly waived it. Id. at 2030-31 .

Logiurato v. Action

490 F. Supp. 84 · District Court, District of Columbia · Apr 29, 1980

Qualified Immunity Liability attaches to the Defendants in the instant case because of the nexus between Defendants’ actions and government control. … The existence of that nexus, however, also provides the Defendants with a qualified immunity from suit. As the Supreme Court stated in Butz v.

PLOURDE v. MASON

District Court, D. Maine · Oct 4, 2024

immunity. … Callahan, 555 U.S. 223, 231 (2009) (“[Q]ualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Wilson v. Brock

2002 DNH 137 · District Court, D. New Hampshire · Jul 18, 2002

Shalala, in her individual capacity, is entitled to qualified immunity if the right alleged by Wilson was not clearly established at the time of the alleged violation. See, e.g., Wilson, 526 U.S. at 609. … Even if there were such a violation, however, it was not clearly established, and Shalala is entitled to qualified immunity.

Hidden Village, LLC v. City of Lakewood

867 F. Supp. 2d 920 · District Court, N.D. Ohio · Mar 30, 2012

right was clearly established. … Accordingly, qualified immunity is denied.

Love v. City of Chi.

363 F. Supp. 3d 867 · District Court, E.D. Illinois · Jan 28, 2019

Pursuant to this principle, the City acknowledges that a Monell claim can proceed against a municipality where qualified immunity applies to the officers' actions. … The City's proposed Limited Consent waives qualified immunity upon a finding of an underlying constitutional violation.

Stokes v. City of Chicago

660 F. Supp. 1459 · District Court, N.D. Illinois · May 22, 1987

However, the Supreme Court expressly qualified its opinion. … Lopez, 790 F.2d 44, 45 (7th Cir.1986), the Seventh Circuit stated that state’s attorneys enjoy “a qualified immunity when performing administrative or investigative duties, but an absolute immunity when performing a quasi-judicial

Rebolledo v. Eden

12 F. Supp. 3d 1125 · District Court, S.D. Indiana · Mar 31, 2014

Under the doctrine of qualified immunity, public officials “performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Where qualified immunity is asserted as the basis for summary judgment, the Court must accept the plaintiffs version of the facts and determine whether they “make out a violation of clearly established law.” Huff v.

Roe v. City of New York

232 F. Supp. 2d 240 · District Court, S.D. New York · Nov 21, 2002

Ryan, 8 N.E.2d at 316 . 17 The Motion for Qualified Immunity is Denied Detective Ho and Officer Hickey have cross-moved for partial summary judgment based on qualified immunity. … If so, it must be determined whether that right was clearly established. Id. at 202, 121 S.Ct. 2151 .

Cancela v. Judd

District Court, M.D. Florida · Sep 12, 2024

Also, because at the very least the facts and circumstances in the arrest affidavit demonstrate arguable probable cause, Deputy Jones is entitled to qualified immunity. … If the arresting officer had arguable probable cause to arrest for any offense, qualified immunity will apply.”) (citations omitted).

Jones v. Performance Service Integrity

492 F. Supp. 2d 590 · District Court, N.D. Texas · Jun 21, 2007

Abuse of Qualified Privileges Plaintiffs fourth count is styled “abuse of qualified privileges.” … Accordingly, Jones has failed to establish a prima facie case for unlawful retaliation. Count five of Jones’s Complaint must be dismissed. 5.

Kyle Zoellner v. Eric Losey

District Court, N.D. California · Mar 1, 2022

10 The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not 11 violate clearly established statutory or … Zoellner instead of simply making a mistake, then he would clearly not be 10 entitled to qualified immunity. See Devereaux v.

Smith v. Franklin County

227 F. Supp. 2d 667 · District Court, E.D. Kentucky · Oct 17, 2002

Further, there is no reason for this Court to delve into the matters of qualified immunity and municipal liability of the Defendants as no § 1983 violation has been established. 12 5. … Accordingly, " ‘bad faith' can be predicated on a violation of a constitutional, statutory, or other clearly established right which a person in the public employee's position presumptively would have known was afforded to

Entergy Arkansas, Inc. v. Nebraska

68 F. Supp. 2d 1104 · District Court, D. Nebraska · Sep 22, 1999

I have considered and rejected the defense of qualified immunity. … This federal obligation was clearly established when the Compact was signed by Nebraska; that is, the obligation of objective good faith imposed on the host state and its employees was plain from the Compact itself.

Raimondo v. Village of Armada

197 F. Supp. 2d 833 · District Court, E.D. Michigan · Mar 26, 2002

Government officials are entitled to qualified immunity where their actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Greene v. … The parties raising qualified immunity may file dispositive motions based on that defense at the first instance after they have taken discovery on the qualified immunity defense.

Alster v. Goord

745 F. Supp. 2d 317 · District Court, S.D. New York · Sep 10, 2010

Qualified Immunity Qualified immunity shields 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 … that were clearly established at the time it was taken.”