Case law

In Re Series 7 Broker Qualification Exam Scoring Litigation

510 F. Supp. 2d 35 · District Court, District of Columbia · Sep 7, 2007

Here, plaintiffs argue that NASD’s and EDS’s activities would not qualify under the Butz factors for the type of official immunity applied to SROs in Austin and Barbara . … a registered broker-dealer are qualified to transact securities-related business with the public.

Lock v. Jenkins

464 F. Supp. 541 · District Court, N.D. Indiana · Dec 27, 1978

While the Federal courts will intervene to protect clearly established constitutional rights, Little v. … The qualified immunity from liability for damages under 42 U.S.C. § 1983 should be availing to all of the named defendants because the constitutional rights allegedly infringed by them were not clearly established at the

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 .

Smith v. Lanier

District Court, District of Columbia · Apr 27, 2011

QUALIFIED IMMUNITY The individually-named police officers will not be liable for damages if they are entitled to qualified immunity, which shields “government officials performing discretionary functions . . . … clearly established”4 at the time of the defendants’ alleged misconduct.

State of Nev. v. Hicks

944 F. Supp. 1455 · District Court, D. Nevada · Sep 30, 1996

Therefore, the court affirms the Intertribal Appellate Court’s ruling on qualified immunity as a jurisdictional issue. … The court held only that qualified immunity was not a jurisdictional bar to tribal court jurisdiction in the first instance. 27 Therefore, this court does not reach the issue of qualified immunity as a defense to the underlying

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.

Elsag Bailey, Inc. v. City of Detroit, Mich.

975 F. Supp. 981 · District Court, E.D. Michigan · Jun 17, 1997

, Osborne, a non-lawyer, was not qualified to testify as to the City’s governmental immunity: Q: [McClear] Are there any generally accepted accounting principles that would tell you what the city of Detroit’s primary purpose … The board may be given additional authority to establish rates by ordinance.... Sec. 7-1503.

B.A. v. Tri County Area Schools

District Court, W.D. Michigan · Aug 23, 2024

In , 942 F.3d 258 (5th Cir. 2019) (involving student text messages and resolving the First Amendment claim on qualified immunity grounds). AITA? is a popular forum on the Reddit website. … As a result, there is no claim under § 1983, and Defendants have no need for a qualified immunity defense.”).

Ward v. City of Boston

367 F. Supp. 2d 7 · District Court, D. Massachusetts · Mar 21, 2005

The plaintiff has also failed to establish that the City was negligent in the hiring of the officers. There is nothing in the record which indicates that the defendants were not qualified to be police officers. … In view of this court’s holding that there was no deprivation of the plaintiff's constitutional rights, this court will not reach the alternative defense of qualified immunity.

Reeves v. Churchich

331 F. Supp. 2d 1347 · District Court, D. Utah · Sep 2, 2004

Qualified Immunity Defendants have properly raised the affirmative defense of qualified immunity. … “If the plaintiff fails to satisfy either part of the two-part inquiry, the court must grant the defendant qualified immunity.” Id. at 1186 .

Woodley v. Town of Nantucket

645 F. Supp. 1365 · District Court, D. Massachusetts · Oct 17, 1986

Hunter’s Immunity Hunter asserts, however, that the doctrine of qualified immunity shields him from any civil liability arising out of plaintiff’s arrest. In Harlow v. … The defense of qualified immunity, asserted by Officer Pearson and Chief of Police Hunter as individuals, is not available to the town. Owen v.

Taylor v. Reilly

District Court, District of Columbia · Mar 9, 2010

Supp. 2d 232, 242, n.13 (D.D.C. 2008) (noting cases granting quasi-judicial absolute immunity to probable cause hearing examiners and parole commissioners); compare Atherton, 567 F.3d at 683-84 (rejecting absolute immunity … Even if Wynn’s functions are not quasi- judicial, defendants argue correctly that she would be shielded by qualified immunity because it was not clearly established in 2005–nor is it today– that the Commission’s retroactive

Saffold v. City of Calumet Park

47 F. Supp. 2d 927 · District Court, N.D. Illinois · Mar 30, 1999

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), a public official is entitled to qualified immunity as long as "their conduct does not violate clearly established statutory or constitutional rights … In this case, there can be no doubt that Saffold had a clearly established constitutional right to be free from arrest without probable cause.

Roth v. Trump

District Court, District of Columbia · Aug 25, 2021

“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 … The plaintiffs have not, however, pointed to a violation of any clearly established Fourth Amendment right that can overcome the defendants’ entitlement to qualified immunity.

Wantanabe Realty Corp. v. City of New York

315 F. Supp. 2d 375 · District Court, S.D. New York · Jul 14, 2003

Then we consider if the violated right was clearly established at the time of the conduct. … Defendants may benefit from qualified immunity if plaintiff is unable to establish any of these three steps.” 155 The Court turns to a determination of whether Zeid and Hilton are entitled to qualified immunity on the surviving

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

Zumbroegel v. City of Dearborn Heights

705 F. Supp. 358 · District Court, E.D. Michigan · Feb 2, 1989

Telb, 831 F.2d 673, 677 (6th Cir.1987) (“Once the issue of qualified immunity is properly injected in the case ..., the plaintiff is obliged to present facts which if true would constitute a violation of clearly established … Since the right to be free from the use of excessive force is clearly established, Gilmere v.

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

Taylor v. City of Middletown

436 F. Supp. 2d 377 · District Court, D. Connecticut · Jun 6, 2006

“[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 established statutory … Katz, 533 U.S. 194 , *382 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), the Supreme Court established a three-step analysis for determining whether an officer is entitled to qualified immunity.

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.