Case law

Olsen v. United States

694 F. Supp. 1484 · District Court, D. Oregon · Apr 20, 1988

Qualified Immunity Notwithstanding the sovereign immunity defense, the individual federal defendants are also qualifiedly immune from liability. … Government officials performing discretionary functions are qualifiedly immune from liability if a reasonable officer would not understand that what he is doing violates a clearly established right. Anderson v.

Youngbey v. District of Columbia

District Court, District of Columbia · Mar 1, 2011

Qualified immunity protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Accordingly, the Court finds that the constitutional right in question was sufficiently established to satisfy the second prong of the qualified immunity analysis.

Holsey v. Chandler

598 F. Supp. 368 · District Court, District of Columbia · Dec 6, 1984

These defendants are entitled to at least a qualified immunity from damages for acts taken within the scope of their authority. … There is absolutely no suggestion that these defendants “violate[d] clearly established constitutional rights of which a reasonable person would have known.” Fitzgerald v.

Ratajack v. Brewster Fire Department, Inc.

178 F. Supp. 3d 118 · District Court, S.D. New York · Mar 31, 2016

Qualified Immunity for Jacobs, Goodwin, and Klosowski Defendants also argue that Jacobs, Goodwin, and Klosowski are immune from suit under the doctrine of qualified immunity. 24 Qualified immunity “gives government officials … A government official will be protected from liability for his discretionary actions by the doctrine of qualified immunity “if either (1) his conduct does not violate clearly established statutory or constitutional rights

Murphy v. Gardner

413 F. Supp. 2d 1156 · District Court, D. Colorado · Feb 1, 2006

if so, such rights were not “clearly established,” entitling Defendant Gardner to qualified immunity; (ii) that the Plaintiff cannot establish that Defendants Moffitt, Ring, and Bozarth either conspired with any other person … In an action under § 1983, individual defendants are entitled to qualified immunity unless it is demonstrated that their alleged conduct violated clearly established constitutional rights of which a reasonable person in their

Rogers v. Columbia/HCA of Central Louisiana, Inc.

971 F. Supp. 229 · District Court, W.D. Louisiana · Jun 9, 1997

. § 11101 , et seq., which establishes immunity for physician peer review committee actions in qualifying circumstances. 2 This suit is precisely the type that the HCQIA is intended to prevent. … Immunity Under the HCQIA The HCQIA provides immunity for qualifying peer review actions. The principal issue in this ease is whether the defendants are shielded because they complied with the dictates of the HCQIA.

Sanders v. City of San Antonio, Texas

District Court, W.D. Texas · Aug 29, 2025

For a police officer or other government employee to establish qualified immunity, they must show, first, that their conduct was within the scope of their discretionary authority. Sweetin v. City of Tex. … City, Tex., 48 F.4th 387, 391-92 (5th Cir. 2022) (“To even get into the qualified-immunity framework, the government official must satisfy his burden of establishing that the challenged conduct was within the scope of his

Murray v. Williams

46 F. Supp. 3d 1045 · District Court, D. Nevada · Sep 11, 2014

Qualified Immunity Defendants also argue that they are entitled to qualified immunity from liability in this case because they are sued in their individual capacities. 93 “Because qualified immunity is an immunity from suit … Callahan that courts can decide these questions in the order they choose. 96 As Pearson affirmed, immunity applies “unless the official’s conduct violated a clearly established constitutional right.” 97 Murray alleges facts

Woolen v. Surtran Taxicabs, Inc.

615 F. Supp. 344 · District Court, N.D. Texas · Aug 8, 1985

Finally, “City of Lafayette suggested, without deciding the issue, that it would be sufficient to obtain Parker immunity for a municipality to show that it acted pursuant to a ‘clearly articulated and affirmatively expressed … The Court held that the system was a clearly articulated state policy, but that it did not meet the active supervision requirement: The State simply authorizes price setting and enforces the prices established by private

Chenoweth v. Guzman

District Court, D. Colorado · Jul 22, 2025

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory … Clearly Established Constitutional Right Defendant Kudlauskas argues that he is entitled to qualified immunity because Plaintiff “failed to allege facts establishing the violation of a constitutional

Thompson v. Sanborn

568 F. Supp. 385 · District Court, D. New Hampshire · Jul 22, 1983

The defendant does not, and indeed cannot, raise the defense of qualified immunity in his motion. “An absolute immunity defeats a suit at the outset ... … The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial.” Imbler v.

Clark v. City of Zebulon

156 F.R.D. 684 · District Court, N.D. Georgia · Feb 2, 1993

Qualified Immunity Chandler next seeks to avoid liability in her individual capacity on Counts I through III of plaintiffs complaint pursuant to the doctrine of qualified immunity. … Qualified Immunity protects government officials performing discretionary functions from liability for civil damages unless their acts or omissions violate clearly established statutory or constitutional rights of which a

Hahn v. Oregon Physicians' Service

508 F. Supp. 970 · District Court, D. Oregon · Feb 27, 1981

STATE ACTION IMMUNITY Defendants contend that they are entitled to antitrust immunity under the state action doctrine. … Immunity from the antitrust laws is available when the anticompetitive activity is “clearly articulated and affirmatively expressed as a state policy,” and when that policy is actively supervised by the state itself.

Contes v. Porr

345 F. Supp. 2d 372 · District Court, S.D. New York · Nov 16, 2004

she might be entitled to qualified immunity.. … (b) Berson Is Entitled To Qualified Immunity Although Berson is not entitled to absolute immunity, she is entitled to qualified immunity, because no reasonable lawyer/sexual harassment compliance officer in her position would

Fuller v. Carilion Clinic

382 F. Supp. 3d 475 · District Court, W.D. Virginia · May 21, 2019

However, a state actor sued in his or her individual capacity may be entitled to qualified immunity, which "shields [state] officials from liability for civil damages, provided that their conduct does not violate clearly … , the defense of qualified immunity must be raised in a timely fashion before the district court.'

New England Health Care Employees Union, District 1199 v. Rowland

204 F. Supp. 2d 336 · District Court, D. Connecticut · May 7, 2002

Qualified Immunity Finally, the defendants argue that Rowland is entitled to qualified immunity for the preemption and First Amendment claims against him in his individual capacity. … Qualified immunity applies where “(a) the defendant’s actions did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law.”

Pancza v. Remco Baby, Inc.

761 F. Supp. 1164 · District Court, D. New Jersey · Apr 18, 1991

In New Jersey, and New York, an employer has qualified immunity for defamatory statements made in the course of recommendations. Rogozinski v. … To overcome a qualified privilege, a plaintiff must establish that the defendant acted with actual malice, i.e., with ill will or culpable recklessness. Shapiro , 194 N.Y. S.2d at 513, 163 N.E.2d at 336 .

North Carolina Ex Rel. Hailey v. Westmoreland

267 F. Supp. 2d 497 · District Court, M.D. North Carolina · Jun 18, 2003

This is because government officials (including police officers), when performing duties within the scope of their employment, are immune from suit unless their conduct violates “clearly established statutory or constitutional … Therefore, he is entitled to qualified immunity.

Smalls v. United States Environmental Protection Agency

683 F. Supp. 120 · District Court, E.D. Pennsylvania · Mar 21, 1988

In support of the negligence claim plaintiffs allege that the EPA was negligent in (i) entrusting Graves with the removal, transportation and disposal of hazardous waste when it knew or should have known that he was not qualified … The exception bars suits which challenge an administrator’s decision to initiate programs and activities as well as shielding decisions made as to how to implement or establish such plans. Dalehite v.

Umholtz v. Kansas, Department of Social & Rehabilitation Services

926 F. Supp. 2d 1222 · District Court, D. Kansas · Feb 20, 2013

State of Louisiana, 2002 WL 83645 *5 n. 14 (E.D.La.1/18/2002)(§ 2000d-7 does not clearly, unambiguously and unequivocally include the ADA within its scope). The statute does not expressly refer to the ADA. … A “reasonable accommodation” is defined in federal regulations as: (i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified