Case law

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.

K.G. ex rel. Gosch v. Sergeant Bluff-Luton Community School District

244 F. Supp. 3d 904 · District Court, N.D. Iowa · Mar 23, 2017

on the basis of their qualified immunity to that claim. … Id (second requirement of qualified immunity). In Mathers v.

Williams v. Goodfriend

347 F. Supp. 3d 169 · District Court, W.D. New York · Nov 16, 2018

Qualified Immunity Defendants also argue that they are entitled to summary judgment based on qualified immunity. … Qualified immunity shields public officials, including police officers, from an action for civil damages, to the extent that their challenged acts do not violate "clearly established statutory or constitutional rights of

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

Izen v. Catalina

251 F. Supp. 2d 1327 · District Court, S.D. Texas · Sep 18, 2002

Qualified Immunity Determination of qualified immunity requires a two-step inquiry. Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … Thus, Defendants Catalina and Climer are entitled to qualified immunity from Izen’s § 1983 claims. D.

Tolman v. Finneran

171 F. Supp. 2d 31 · District Court, D. Massachusetts · Nov 14, 2001

To do so, the candidate must receive a minimum number of “qualifying contributions.” … Under Fed.R.Civ.P. 12(b)(1), the party invoking jurisdiction has the burden of proof to establish its existence. Murphy v. United States, 45 F.3d 520, 522 (1st Cir.1995).

Wright v. Coughlin

31 F. Supp. 2d 301 · District Court, W.D. New York · Dec 17, 1998

McDonnell was clearly established, Defendants are nevertheless entitled to qualified immunity. … Therefore, the conduct of Defendants at the time of the alleged violations was objectively reasonable under then clearly established law, and qualified immunity applies in the instant matter. See Fox, supra, at 478 .

Delta Commercial Fisheries Ass'n v. Gulf of Mexico Fishery Management Council

259 F. Supp. 2d 511 · District Court, E.D. Louisiana · Apr 23, 2003

If the Secretary determines that a submitted individual is not qualified under the statute, the Secretary is responsible for notifying the appropriate Governor. … The United States, in the absence of its consent, is immune from suit. 17 Furthermore, “the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.” 18 A waiver of sovereign immunity

Hamilton v. Lokuta

803 F. Supp. 82 · District Court, E.D. Michigan · Sep 30, 1992

It is clear to this court that defendant is entitled to qualified immunity. … Next, because no oppressive means were employed, Graham, 490 U.S. at 395 , 109 S.Ct. at 1871 , and because no clearly established right was violated.

Rossi v. Town of Pelham

35 F. Supp. 2d 58 · District Court, D. New Hampshire · Dec 18, 1997

Qualified Immunity Defendants Selectmen Flynn and Scott and Police Chief Rowell seek qualified immunity under Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Government officials enjoy qualified immunity from civil damages for a section 1983 violation unless their conduct violated a “clearly established statutory or constitution *73 al right of which a reasonable person would

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).

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.

Johnson v. Davis

District Court, N.D. California · Sep 8, 2020

Harris, 935 19 F.3d 670, 676 (9th Cir. 2019) (“[T]here are rare cases where an affirmative defense, such as 20 immunity, may be so clear on the face of the complaint that dismissal may qualify as a strike for 21 … The danger faced by the plaintiff must be “clearly related to [the] initial 4 complaint.” Williams v. Paramo, 775 F.3d 1182, 1190 (9th Cir. 2015) (discussing nexus 5 requirement).

Arya v. Calpers

943 F. Supp. 2d 1062 · District Court, C.D. California · May 2, 2013

Based upon his factual allegations, plaintiff here is clearly asserting a disparate treatment claim. … Since there is no constitutional authority for abrogation of state sovereign immunity with respect to negligence and breach of contract claims, this court lacks jurisdiction over any such claims if defendant CalPERS qualifies

Bravo Ex Rel. Ramirez v. Hsu

404 F. Supp. 2d 1195 · District Court, C.D. California · Nov 18, 2005

Public officials such as Defendants are entitled to qualified immunity unless their conduct violates “ ‘clearly established constitutional rights of which a reasonable person would have known.’ ” P.B. v. … If sufficient evidence is presented at summary judgment to make out a constitutional violation, the school officials still are entitled to qualified immunity if the constitutional right they violated was not clearly established

Wang v. STATE UNIVERSITY OF NY

470 F. Supp. 2d 178 · District Court, E.D. New York · Feb 23, 2006

Qualified immunity "shields government officials performing discretionary functions from liability for civil damages `insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Schiavone and Glass are entitled to qualified immunity. It was objectively reasonable for Drs. Schiavone and Glass to believe that their acts did not violate any clearly established rights of Plaintiff.

Alabama Optometric Ass'n v. Alabama State Board of Health

379 F. Supp. 1332 · District Court, M.D. Alabama · Jul 26, 1974

Implicit in the idea that officials have some immunity— absolute or qualified — for their acts, *1339 is a recognition that they may err. … It is the existence of reasonable grounds for the belief formed at the time and in light of all the circumstances, coupled with good faith belief, that affords basis for qualified immunity of the executive officers for acts

Beach v. City of Olathe, Kan.

185 F. Supp. 2d 1229 · District Court, D. Kansas · Feb 1, 2002

to qualified immunity in this case. … Qualified immunity shields an individual government official performing discretionary functions from liability for civil damages insofar as his or her conduct does not violate clearly established statutory or constitutional

Martin v. Memorial Hospital at Gulfport

881 F. Supp. 1087 · District Court, S.D. Mississippi · Mar 1, 1995

This was clearly established in Darlak v. … QUALIFIED IMMUNITY AS TO STATE LAW CLAIMS The doctrine of qualified immunity as to the state law claims is not a great deal different than the doctrine of qualified immunity as it relates to the due process claims.

Cote v. Town of Millinocket

901 F. Supp. 2d 200 · District Court, D. Maine · Sep 28, 2012

Qualified Immunity “Qualified immunity shields state officials from civil damage liability under section 1983, insofar as their conduct does not violate ‘clearly established’ rights of which ‘a reasonable person would have … Qualified Immunity “Under the doctrine of qualified immunity, police officers are protected from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights