Case law

Parten v. Alabama Department of Tourism

100 F. Supp. 3d 1259 · District Court, M.D. Alabama · Apr 20, 2015

Sentell responds with the defense of qualified immunity to Parten’s request for damages from him in his individual capacity. … Once the defendant makes this showing, “the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id.

Kramer v. Southern Oregon University

995 F. Supp. 2d 1182 · District Court, D. Oregon · Jan 22, 2014

Qualified Immunity Defendants contend that Defendant Cullman and Defendant Pernsteiner are entitled to qualified immunity. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Oladeinde v. City of Birmingham

118 F. Supp. 2d 1185 · District Court, N.D. Alabama · Jul 29, 1998

Do Walker and/or Deutcsh Enjoy Qualified Immunity? There has been some evolution within the Eleventh Circuit with respect to the concept of qualified immunity since Oladeinde v. … The constants for qualified immunity were recently repeated in Crawford-El v.

Chase v. Baskerville

508 F. Supp. 2d 492 · District Court, E.D. Virginia · Aug 2, 2007

The United States asserts that Virginia’s waiver of sovereign immunity for Rehabilitation Act claims is firmly established. See Constantine v. … The foregoing statute “clearly and unambiguously conditions the receipt of federal funds on a waiver of State sovereign immunity” for Rehabilitation Act claims. Madison v.

Gaston v. City of New York

851 F. Supp. 2d 780 · District Court, S.D. New York · Apr 2, 2012

GEORGE’S SUMMARY JUDGMENT MOTION ALSO IS GRANTED ON QUALIFIED IMMUNITY GROUNDS Det. … Qualified immunity “shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively reasonable official

Gonzalez v. City of Laredo

879 F. Supp. 701 · District Court, S.D. Texas · Jan 10, 1995

Defendant Orozco also argues that summary judgment is proper because she is protected by qualified immunity. … In evaluating a claim of qualified immunity, the Court must determine whether the officer’s conduct violated “clearly established” law. In this, case, questions of fact surround Orozco’s conduct during the search.

Rock for Life-Umbc v. Hrabowski

643 F. Supp. 2d 729 · District Court, D. Maryland · Jul 8, 2009

“Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, ‘insofar as their conduct does not violate clearly established statutory … Accordingly, Defendants Schaefer and Williams are also entitled to qualified immunity. B.

In re Grand Jury Subpoena

991 F. Supp. 2d 968 · District Court, E.D. Michigan · Jan 13, 2014

not personal to her because she clearly intended the businesses to be separate from her in the event of a lawsuit.” … Authentication is merely a condition precedent for admissibility, whereas qualifying a document as a business record establishes both admissibility as well as authenticity.

Cornell Companies, Inc. v. Borough of New Morgan

512 F. Supp. 2d 238 · District Court, E.D. Pennsylvania · May 31, 2007

In order to establish a prima facie case of disability discrimination under Title II of the ADA, a plaintiff must allege that: (1) he or she is a qualified individual with a disability within the meaning of the statute; ( … Cornell has clearly pled business misconduct.

Thomas v. Adams

55 F. Supp. 3d 552 · District Court, D. New Jersey · Oct 20, 2014

Qualifíed Immunity The test governing the defense of qualified immunity is long-established: “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional … right that was clearly established at the time of the challenged conduct.”

Marriott v. County of Montgomery

227 F.R.D. 159 · District Court, N.D. New York · Mar 25, 2005

Moreover, the individual defendants are not entitled to qualified immunity because it is clearly established that “indiscriminate strip searches” are unconstitutional. … Further, qualified immunity is not appropriate where, as here, there was a clearly established right to be free from a strip search in the absence of reasonable suspicion.

United States v. Board of Educ. of City of Chicago

610 F. Supp. 695 · District Court, N.D. Illinois · May 23, 1985

The work-product immunity is qualified, like the deliberative-process privi *701 lege; it protects documents prepared by counsel in anticipation of litigation. See, e.g., Fed.R.Civ.P. 26(b)(3). … Rizzo, 97 F.R.D. at 752 , involved only the deliberative process privilege and the work-product immunity, both of which are qualified. The attorney-client privilege was not a part of the case.

McLarty v. United States

784 F. Supp. 1401 · District Court, D. Minnesota · Dec 10, 1991

Were McLarty’s rights clearly established? … That is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, see Mitchell [v.

Reeser v. Crowley Towing & Transportation Co.

937 F. Supp. 144 · District Court, D. Puerto Rico · Sep 3, 1996

(Plaintiffs Complaint, ¶3) With regards to the factor involving the location of the accident, San Juan harbor is clearly within the territorial waters of Puerto Rico. … America, Inc., 42 F.3d 668, 684 (1st Cir.1994), 8 that defendant failed to repair the defective door despite plaintiffs warnings, the Court concludes that such actions do not rise to the level of intentional acts required to qualify

Haynes-Wilkinson v. BARNES-JEWISH HOSP.

131 F. Supp. 2d 1140 · District Court, E.D. Missouri · Jan 18, 2001

Consequently, Defendant is not entitled to absolute immunity in this case. Defendant next asks this Court to find that it is entitled to qualified immunity from Plaintiff's claim for libel. … "In Missouri, qualified immunity may be available for a person who makes a statement subject to a duty to someone who has a corresponding duty." 170 F.3d at 839 , citing Rice v.

Capshaw v. Thomas

District Court, M.D. Florida · Jul 1, 2024

immunity. … [defendant] was entitled to qualified immunity as to the claims against him in his individual capacity.”).

Shanti, Inc. v. Reno

36 F. Supp. 2d 1151 · District Court, D. Minnesota · Feb 16, 1999

As set forth above, § 1184(i)(l), (2) and 8 C.F.R. § 214.2 establish explicit criteria, which, if fulfilled, qualify an occupation as a “specialty occupation” and an alien beneficiary for nonim-migrant H-1B status. … Dec. 35, 37 (“a petitioner with a business administration degree must clearly establish a particular area and occupation in the field of business administration in which he is engaged or plans to be engaged and must also

Niemann v. Whalen

911 F. Supp. 656 · District Court, S.D. New York · Jan 2, 1996

Qualified Immunity Defendant Whalen also seeks summary judgment on the ground of quali- *673 fled immunity. … Police officers, like other public officials, “are immune from § 1983 civil rights suits ... when their ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Mid-Continent Cas. Co. v. Northstar Homebuilders, Inc.

297 F. Supp. 3d 1329 · District Court, S.D. Florida · Feb 26, 2018

As a result neither Defendant ... may assert workers compensation immunity as a defense." (State Am. Compl. ¶ 11 (alterations added) ). … Given Florida's strong interest in this case and its marginal significance elsewhere, a resolution by a state trial court with review by a state appellate court is clearly preferable.

Ulichny v. Merton Community School District

93 F. Supp. 2d 1011 · District Court, E.D. Wisconsin · Mar 21, 2000

QUALIFIED IMMUNITY The Court next considers the issue of qualified immunity. … Within the context of Ulichny’s federal claims, the qualified immunity defense raises three questions: (1) Would a reasonable school district official have known that it was clearly established under the law that a pubhc