Case law

Allen v. Marietta Bd. of Lights and Water, Inc.

693 F. Supp. 1122 · District Court, N.D. Georgia · Nov 18, 1987

In the district court, the defendant asserted qualified immunity for his actions. … The above cases cited by plaintiffs in their motion to reconsider do not change the law in regard to qualified immunity.

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.

Grossman v. McKay

384 F. Supp. 99 · District Court, D. Maryland · Nov 19, 1974

This clearly is not the intent of the doctrine. … As has been clearly demonstrated, her duties emanate from express congressional and administrative mandates.

Clary v. City of Cape Girardeau

165 F. Supp. 3d 808 · District Court, E.D. Missouri · Feb 29, 2016

right, and (2) the right was clearly established at the time of the violation.” … If the right was clearly established, then “a reasonable official would have known that [his] actions were unlawful,” and no immunity attaches. Clayborn v.

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.

Marria v. Broaddus

200 F. Supp. 2d 280 · District Court, S.D. New York · Mar 27, 2002

’s actions were objectively unreasonable in fight of clearly established law.” … State officials seeking qualified immunity are shielded from liability for monetary damages if, at the time they acted, either (1) their conduct “did not violate clearly established rights of which a reasonable person would

Faragher v. City of Boca Raton

864 F. Supp. 1552 · District Court, S.D. Florida · Jul 22, 1994

As a defense to Faragher’s § 1983 claim, Terry argues that .he is protected by qualified immunity because his conduct did not violate clearly established law. … “Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates ‘no clearly established statutory of constitutional rights of which a reasonable person would

Mowatt v. United States Parole Commission

815 F. Supp. 2d 199 · District Court, District of Columbia · Sep 30, 2011

Moore is also entitied to qualified immunity or has not been sufficiently served with process. 5 . … The Court therefore will not reach Defendants' argument that Warden Grayer is entitied to qualified immunity or has not been sufficiently served with process.

Fortunatus v. Clinton County

937 F. Supp. 2d 320 · District Court, N.D. New York · Apr 4, 2013

Qualified Immunity Giroux has pled as an affirmative defense of qualified immunity which is raised again in their Motion. … qualified immunity.”

Smith v. City of Elyria

857 F. Supp. 1203 · District Court, N.D. Ohio · Jul 28, 1994

An individual defendant is qualifiedly immune from personal liability for damages under § 1983 if a reasonable police officer could have believed that his or her actions were lawful, in light of clearly established law and … However, the Court finds that these rights were not “clearly established” at the time of the officers’ actions here.

Al-Zahrani v. Rumsfeld

684 F. Supp. 2d 103 · District Court, District of Columbia · Feb 16, 2010

Yet, the Court is not at liberty to disregard clearly established, controlling precedent. See, e.g., United States v. … District of Columbia, 235 F.3d 637, 652 (D.C.Cir.2001), the individual defendants in this case are also protected by the doctrine of qualified immunity- 6 .

Walton ex rel. R.W. v. Montgomery County Board of Education

371 F. Supp. 2d 1318 · District Court, M.D. Alabama · May 20, 2005

DeKalb County, Ga., 62 F.3d 338, 340 (11th Cir.1995)(“no clearly established right exists under the equal protection clause to be free from retaliation.”). … The individual Defendants in their individual capacities also would be entitled to qualified immunity because there is no clearly established law which would have given the Defendants fair warning that a school representative

Gumpl v. Seiter

689 F. Supp. 754 · District Court, S.D. Ohio · Nov 3, 1987

Summary judgment on the issue of qualified immunity must also be denied at this point. The Supreme Court has instructed the Court in Anderson v. … The law is clearly established that inmates are entitled to recreation. The issue of fact remaining is whether the present recreational policy, which does not meet minimal standards, is peneologically justified.

Crowley v. Burlington Electric Department

992 F. Supp. 2d 370 · District Court, D. Vermont · Jan 22, 2014

Defendants argue in the alternative that this claim should be dismissed on qualified immunity grounds. … right, and (2) that the right was clearly established at the time of the challenged conduct.’ ” Id.

Seidman v. Paradise Valley Unified School District No. 69

327 F. Supp. 2d 1098 · District Court, D. Arizona · Aug 2, 2004

The doctrine of qualified immunity protects government officials from liability for civil damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … When government officials assert the defense of qualified immunity, the court must determine whether the plaintiff has alleged a constitutional deprivation and, if so, whether the right was clearly established at the time

HARGROVES v. City of New York

694 F. Supp. 2d 198 · District Court, E.D. New York · Mar 4, 2010

Qualified immunity Under the qualified-immunity doctrine, Defendants can avoid liability even if there are material questions of fact as to probable cause. Brewton, 550 F.Supp.2d at 367 . … Following these decisions, discovery proceeded solely with respect to the question of qualified immunity. {See id. at 12.)

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.

GARCIA v. KNAPP

District Court, D. New Jersey · May 29, 2020

“According to the doctrine of qualified immunity, law enforcement officers acting within their professional capacity are generally immune from trial ‘insofar as their conduct does not violate clearly established statutory … “A law enforcement defendant is entitled to qualified immunity when ‘the conduct alleged by the plaintiff violated a clearly established principle of constitutional or statutory law,’ and the violation of said right ‘would

SUNLAND PUB. CO., INC. v. City of Jackson

234 F. Supp. 2d 626 · District Court, S.D. Mississippi · Sep 27, 1999

liability under § 1983. 9 It is now well established that local legislators, like federal, state, and regional legislators, are entitled to absolute immunity from § 1983 liability for their legislative activities. … Further, the Council’s action did not impact a broad group or establish general policy. Therefore, the councilpersons are not entitled to absolute legislative immunity from individual liability under § 1983.

Ciempa v. Jones

745 F. Supp. 2d 1171 · District Court, N.D. Oklahoma · Aug 23, 2010

There is a two-part test for qualified immunity. … Defendants argue that they are entitled to qualified immunity because it is not clearly established that the NGE is a religion entitled to RLUIPA protection. 39 Dkt. #42, at 33.