Case law

Milazzo v. O'CONNELL

925 F. Supp. 1331 · District Court, N.D. Illinois · Apr 26, 1996

Qualified Immunity The final argument to be addressed is the defendants’ contention that they are entitled to qualified immunity from suit. … Government officials sued in their individual capacities are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Lester v. Brezenoff

548 F. Supp. 616 · District Court, E.D. New York · Sep 30, 1982

Monell merely decided that there could be no absolute immunity afforded local governmental entities; the Court expressly declined to pass on the question of whether a good faith immunity would be recognized. … established statutory or constitutional rights of which a reasonable person would have known.”

Sasnett v. Department of Corrections

891 F. Supp. 1305 · District Court, W.D. Wisconsin · Jun 23, 1995

Finally, defendants contend that they are immune from liability for damages on all of plaintiffs’ claims because the law defendants are alleged to have violated was not clearly established at the time. *1309 I conclude that … Qualified Immunity The doctrine of qualified immunity protects defendants sued in their individual capacity from liability for monetary damages when the defendant has not violated clearly established law.

Singh v. District of Columbia

55 F. Supp. 3d 55 · District Court, District of Columbia · Jul 8, 2014

Qualified Immunity The District also argues that Officer Dohare is entitled to qualified immunity because the trial court’s partial denial of Singh’s motion for judgment of acquittal demonstrates that probable … The doctrine of qualified immunity protects government officials from suit for civil damages unless a plaintiff shows that the official violated a statutory or constitutional right, and that the right was clearly established

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

I.K. Ex Rel. E.K. v. Sylvan Union School District

681 F. Supp. 2d 1179 · District Court, E.D. California · Jan 20, 2010

violates clearly established federal law, here the due process clause of the fourteenth amendment.”). … ’s claim of qualified immunity.”

In Re Application of the County Collector of the County of Winnebago

918 F. Supp. 235 · District Court, N.D. Illinois · Feb 26, 1996

Clearly, the relief requested has components of both traditional injunctive and compensatory relief. … The Romano case only establishes that the immunity under the Tort Immunity Act is unavailable to a defendant against which a plaintiff seeks to obtain injunctive relief.

Navratil v. Parker

726 F. Supp. 800 · District Court, D. Colorado · Dec 12, 1989

If there is some other constitutional right of privacy that might prohibit police from shining flashlights into or on cars, it is not clearly established and thus Parker is entitled to qualified immunity on this claim. … The circumstances sufficiently support the defendant’s suspicion to provide qualified immunity. Anderson v.

Dr. Mark G. Turner, DDS, PC v. Va. Dep't of Med. Assistance Servs.

301 F. Supp. 3d 637 · District Court, E.D. Virginia · Mar 19, 2018

Subsequently, the Court adopted a two-part test to better establish the boundaries of this immunity. See Cal. Retail Liquor Dealers Ass'n v. Midcal Aluminum , 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980). … The Court clarified in Midcal that "a challenged restraint" is only immune from suit if it is "clearly articulated and affirmatively expressed as state policy ...

Cantrell v. United States

735 F. Supp. 670 · District Court, E.D. North Carolina · Aug 19, 1988

Plaintiffs acknowledge that there is no evidence which clearly documents a specific request for admission by Puckett on July 12th. … The Fourth Circuit in Currie addressed the issue of whether VA mental health personnel enjoyed qualified statutory immunity prior to the 1986 amendment.

Conn v. American National Red Cross

168 F. Supp. 3d 90 · District Court, District of Columbia · Mar 7, 2016

Therefore, the Supreme Court has held, when Congress establishes a federal entity—which ordinarily would be protected by sovereign immunity from all aspects of civil liability and litigation—and “launche[s] [it] into the … Not only has the Red Cross failed clearly to show that Congress intended its sue-and-be- sued clause to be anything other than a full waiver of immunity, the Court concludes that the statutory structure of the ADEA and

Doyle v. Dukakis

634 F. Supp. 1441 · District Court, D. Massachusetts · May 16, 1986

Second, the defendants Sifinger, Singer, and Anthony urge the defense of qualified immunity. That defense cannot prevail on this record. In Harlow v. … The Court reasoned that the right not to be dismissed from employment at the agency solely for exercising one’s free speech rights was clearly established at the time of Campana’s dismissal.

Perez v. Binkele

District Court, N.D. California · May 29, 2020

clearly established statutory or constitutional rights 21 of which a reasonable person would have known.” … was “clearly established” at the time of the alleged misconduct.

Ramos v. Department of Education

849 F. Supp. 2d 212 · District Court, D. Puerto Rico · Feb 1, 2012

The Court of Appeals for the First Circuit did not clearly express itself as to the co-existence of First Amendment and Equal Protection claims for the same conduct, even when faced with both claims for injunctive relief … Dismissal Request by Co-defendants DE, Lizardi, Chardón and Virella under R. 12(b)(6) for Lack of a Prima Facie Case and for Qualified Immunity (Docket No. 31).

ROBERTS v. COUNTY OF ESSEX

District Court, D. New Jersey · Dec 30, 2022

“To overcome qualified immunity, a plaintiff must plead facts sufficient to show that: (1) the official violated a statutory or constitutional right; and (2) the right at issue was ‘clearly established’ at the time of … Under current law, Roberts might possess such a claim, but Laurino and Bolan are entitled to qualified immunity because that right was not clearly established as of 2005.

J & a REALTY v. City of Asbury Park

763 F. Supp. 85 · District Court, D. New Jersey · Apr 18, 1991

To fund its new sewer plant, the city passed a sewer ordinance which established a system for assessing property owners for sewer charges. … While Owen does not alter the qualified immunity available to governmental employees sued in their individual capacities, 445 U.S. at 638 n. 18, 100 S.Ct. at 1409 n. 18, J & A sues the individual defendants only in their

Binion v. City of St. Paul

788 F. Supp. 2d 935 · District Court, D. Minnesota · Mar 9, 2011

Official immunity from state-law claims is analogous to, although different in some respects from, qualified immunity from federal-law claims. … on this issue, like a decision on qualified immunity, will have to await the factual findings of the jury.

United States v. Anderson

577 F. Supp. 223 · District Court, D. Wyoming · Oct 20, 1983

These trusts are alleged to have consisted of a system of trusts established both in the United States and overseas. … The procedures established by congress in 18 U.S.C. §§ 6002 and 6003 clearly indicate an intent to formalize, standardize and limit the use of immunity.

Agudas Chasidei Chabad of United States v. Russian Federation

District Court, District of Columbia · Feb 27, 2023

Under that statute, “Congress established . . . a comprehensive framework for resolving any claim of sovereign immunity.” Republic of Argentina v. … “To enforce an award against a foreign state in the United States, a party must therefore establish both that the foreign state is not immune from suit and that the property to be attached or executed against is not immune

Chiesa v. New York State Department of Labor

638 F. Supp. 2d 316 · District Court, N.D. New York · Jul 31, 2009

As to the regarded as disabled prong, plaintiff presents several statements tending to establish enough facts for her to possibly qualify as disabled under that prong. … Sovereign Immunity and Title V State immunity or liability under each title of the ADA is decided title by title, as a claim using each title arises. United States v.