Case law

Overton v. Torruella

183 F. Supp. 2d 295 · District Court, D. Massachusetts · Dec 26, 2001

Even if absolute immunity were not available in this case, the suit would be subject to dismissal on the basis of qualified immunity. See generally Harlow v. … The complaint does not allege facts which, if taken as true, show that the defendants violated “ ‘clearly established’ statutory or constitutional rights of which a reasonable person would have known.”

Equitable Life Assurance Society of United States v. Mischo

363 F. Supp. 2d 1239 · District Court, E.D. California · Feb 14, 2005

SOVEREIGN IMMUNITY “The United States is a sovereign, and, as such, is immune from suit unless it has expressly waived such immunity and consented to be sued.” Gilbert v. DaGrossa, 756 F.2d 1455, 1458 (9th Cir.1985). … Therefore, pursuant to the express terms of the statute, a wrongful levy may be established, and the United States’ sovereign immunity is waived, if three prerequisites are established: 1) the party asserting the wrongful

JNC Companies v. Ollason

137 B.R. 46 · District Court, D. Arizona · Nov 26, 1991

The parties briefed the issue of qualified immunity. After reviewing the pleadings and cases, however, the Court believes that absolute immunity will apply. … Accordingly, the Court will not reach the qualified immunity arguments.

McGuire v. Switzer

734 F. Supp. 99 · District Court, S.D. New York · Mar 27, 1990

As the Magistrate concluded, this strict standard for finding that a state has waived its Eleventh Amendment immunity has clearly not been satisfied in the case at bar. … Defendants Scott and Switzer then have until May 25, 1990 to submit their motion for summary judgement and accompanying papers based upon the defense of qualified immunity.

Howell v. Town of Ball

90 F. Supp. 3d 629 · District Court, W.D. Louisiana · Mar 3, 2015

Qualified or “good faith” immunity is an affirmative defense which must be pled by a defendant seeking its protection. 59 Qualified immunity generally protects government officials performing discretionary functions from … attributed to the Defendants asserting the defense of qualified immunity, Plaintiff must show: (1) that Defendants violated a constitutional right; and (2) that the right was clearly established at the time of the alleged

I.W v. City of Clovis Police Department

District Court, D. New Mexico · May 25, 2021

officer violated clearly established law. … In sum, the Court finds that Officer Aguilar’s actions are not entitled to qualified immunity at this stage, because a reasonable jury could conclude that his decision to release Leo violated I.W.’s clearly established

Eubanks v. Gerwens

771 F. Supp. 1216 · District Court, S.D. Florida · Sep 11, 1991

First, they argue they are entitled to qualified immunity. … Defendants have raised the issue of qualified immunity. Such immunity is usually available where the officials involved believed their actions to be lawful. See Clark v.

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.

Smith v. Taylor

503 F. Supp. 2d 538 · District Court, N.D. New York · May 31, 2006

Qualified Immunity The Court now turns to Defendants’ claim of qualified immunity, which the Court will address as it relates to Plaintiffs claims of constitutional violations stemming from the strip frisk/search. … Qualified immunity shields official actors from civil liability, except where they have violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” See Rodriguez v.

Matney v. City of North Adams

359 F. Supp. 2d 20 · District Court, D. Massachusetts · Mar 21, 2005

Moreover, the three individual defendants named in the complaint are protected by the doctrine of qualified immunity against any claim under this statute. … The Supreme Court has made it clear that “government officials] performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Williams v. Miami-Dade County

859 F. Supp. 2d 1297 · District Court, S.D. Florida · Jan 9, 2012

so (2) whether such a right was clearly established. … For all the reasons discussed above, Officer de la Paz is entitled to qualified immunity and summary judgment as to Count II.

Pelzer v. City of Philadelphia

656 F. Supp. 2d 517 · District Court, E.D. Pennsylvania · Aug 31, 2009

Qualified immunity Officer Burton argues that even if the court determined his actions violated Pelzer's constitutional rights, he is entitled to qualified immunity and the plaintiffs claim should be dismissed. … 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

Jackler v. Byrne

708 F. Supp. 2d 319 · District Court, S.D. New York · Feb 11, 2010

Alternatively, they argue that they are entitled to qualified immunity. (Defs.’ Reply Br. 9.) A. Standard of Review The Court evaluates a motion under Rule 12(c) under the same standard as a motion under Rule 12(b)(6). … It concluded that the fact that the principal’s "alleged instructions may have been patently wrongful does not establish that the constitutional right asserted was clearly established.” Id.

Williamson v. United States Department of Agriculture

635 F. Supp. 114 · District Court, S.D. Mississippi · Apr 11, 1986

Defendants also submit that if constitutional violations occurred, then they are protected by absolute or qualified immunities. For the following reasons, we grant Defendants’ Motion. … Clearly, the acts complained of by Plaintiff as stated above, fall within the exceptions to the Act contained in §§ 2680(a) and (h).

United States v. a Single Family Residence Located at 3181 S.W. 138th Place

778 F. Supp. 1570 · District Court, S.D. Florida · Nov 29, 1991

The plain language of the statute clearly does not exempt local governments from its broad sweep. … Immunity of the Federal Government from the Property Tax. The County’s final argument is that Plaintiff is not immune from the tax in question under the principle of inter-governmental immunity.

Diaz v. Covello

District Court, N.D. California · Aug 23, 2022

Id. at 411. 9 Section 2254(d)(1) restricts the source of clearly established law to the Supreme Court’s 10 jurisprudence. … Ct. 2249 (2007). 19 Such a rule does not violate clearly established federal law. See id.; United States v.

Schallop v. New York State Department of Law

20 F. Supp. 2d 384 · District Court, N.D. New York · Sep 14, 1998

Qualified Immunity The individual defendants next contend that they are entitled to qualified immunity from liability on Sehallop’s free speech claims under section 1983. … Qualified immunity shields government employees with discretionary responsibilities from liability for civil damages provided their conduct did not violate “clearly established statutory or constitutional rights of which

Watson v. Sexton

755 F. Supp. 583 · District Court, S.D. New York · Jan 15, 1991

The individual defendants assert qualified immunity as a defense against plaintiffs Fourth Amendment claim. … To be “deliberately indifferent” to rights requires that those rights be clearly established.

Fisher v. Harden

437 F. Supp. 2d 700 · District Court, S.D. Ohio · Jun 20, 2006

Hence, this Court entered judgment in Defendants’ favor on Plaintiffs § 1983 claim, finding that Defendants were entitled to qualified immunity. … It is clearly established that an officer may not affect a mental health seizure without probable cause.

Doe v. Angelina County, Texas

733 F. Supp. 245 · District Court, E.D. Texas · Mar 19, 1990

Clearly, the existence of a duty on the sheriffs part to establish these procedures implies that the sheriff is also endowed with the authority to establish them. … In the response to plaintiff’s motion for partial summary judgment, Sheriff Lawrence states that, as a law enforcement officer, he is entitled to qualified immunity. In Harlow v.