Case law

Snegirev v. Sedwick

407 F. Supp. 2d 1093 · District Court, D. Alaska · Jan 5, 2006

Snegirev argues that judicial immunity does not apply because the rulings about which he complains violate clearly established law. … By contrast, judicial immunity is absolute and extends to rulings that conflict with clearly established law. Snegirev’s claims based on adverse rulings are foreclosed by decisions of the United States Supreme Court.

Burbage v. City of Wilmington

461 F. Supp. 2d 236 · District Court, D. Delaware · Nov 8, 2006

Qualified Immunity of Police Officers Myers’ and Leary The burden of establishing entitlement to qualified immunity rests with the defendant official. Ryan v. Burlington County, 889 F.2d 1286, 1292 (3d Cir.1989). … Thus, the qualified immunity defense rests upon the objective reasonableness of the official’s action in light of clearly established law and the information possessed by the offi *244 cial at the time of the violation.

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.

Jefferies v. District of Columbia

917 F. Supp. 2d 10 · District Court, District of Columbia · Jan 7, 2013

Chief Lanier has Qualified Immunity from Individual Liability for Plaintiff’s Statutory and Constitutional Causes of Action Chief Lanier would also enjoy qualified immunity from individual liability … It is appropriate to raise issues of qualified immunity in a motion to dismiss.

Herndon v. Johnson

970 F. Supp. 703 · District Court, E.D. Arkansas · Apr 17, 1997

Angelone, — U.S. -, 116 S.Ct. 772 , 133 L.Ed.2d 724 (1996) (citing issues of statutory construction and state sovereignty to support conclusion that application of Acts not “clearly established” for purpose of qualified immunity … For example, in finding that the statute did not “clearly establish” that the ADA covers state prisons, the Fourth Circuit Court of Appeals pointed to the “broad, non-specific language” contained in the ADA.

Thayer v. City of Holton

515 F. Supp. 2d 1198 · District Court, D. Kansas · Aug 29, 2007

“The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights … of officers’ off-duty conduct was not clearly established).

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

Nassau & Suffolk Cnty. Taxi Owners Ass'n, Inc. v. State

336 F. Supp. 3d 50 · District Court, E.D. New York · Sep 28, 2018

The Court will briefly address Defendants' arguments with respect to Article IV and qualified immunity before focusing the balance of its attention on the equal protection argument. 1. … Qualified Immunity Defendants maintain that Governor Cuomo and Commissioner Egan are protected by qualified immunity, and all claims against them require dismissal for that reason. See Defs.' Mem. at 18-20.

McGarry v. DIRECTOR, DEPT. OF REVENUE, STATE OF MO.

7 F. Supp. 2d 1022 · District Court, W.D. Missouri · May 20, 1998

Summary Judgment Standard Fed.R.Civ.P. 56(c) requires ‘the entry of summary judgment ... against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and … Accordingly, defendant’s Eleventh Amendment immunity defense fails.

Powell v. Fournet

846 F. Supp. 1443 · District Court, D. Colorado · Mar 17, 1994

’s alleged conduct violated the law *1449 and that the law was clearly established when the alleged violation occurred. … that no material facts remain in dispute that would defeat his claim for qualified immunity.

Phillips v. Lucky Gunner, LLC

84 F. Supp. 3d 1216 · District Court, D. Colorado · Mar 27, 2015

There are statutory exceptions to immunity in the PLCAA. … They have not shown any factual basis for an exception to the established law that there is no duty to investigate the purchaser.

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.

Hall v. City of Los Angeles

710 F. Supp. 2d 984 · District Court, C.D. California · Apr 20, 2010

The qualified immunity analysis entails a two-step inquiry: first, the Court must decide whether Defendants violated Plaintiffs constitutional right; second, if so, the Court must decide whether the law was clearly established … The Court agrees that such a right was clearly established at that time.

Jangjoo v. Broadcasting Board of Governors

244 F. Supp. 3d 160 · District Court, District of Columbia · Mar 27, 2017

Circuit emphasized in Mpoy, “even if speech is protected by the First Amendment, a court must dismiss claims against a government official in his personal capacity if the official is entitled to qualified immunity.” … “Under [the doctrine of qualified immunity], courts may not award damages against a government official in his personal capacity unless ‘the official violated a statutory or constitutional right’ and ‘the right was clearly

Gilmore v. Bostic

636 F. Supp. 2d 496 · District Court, S.D. West Virginia · Mar 27, 2009

Nothing apparent from the face of the plaintiffs complaint clearly establishes that the plaintiff has failed to exhaust any administrative remedies. … Bostic makes the further arguments that she is protected by qualified immunity and Elev *506 enth Amendment immunity.

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.

Ortiz v. Holmes

157 F. Supp. 3d 692 · District Court, N.D. Ohio · Jan 18, 2016

The motion also raised several immunity arguments, claiming that the various defendants were entitled to quasi-judicial, qualified, and/or sovereign immunity. … The second factor clearly, weighs in favor of sovereign immunity. 3.

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.

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).

Reid v. Aransas County

805 F. Supp. 2d 322 · District Court, S.D. Texas · Apr 6, 2011

Plaintiff has clearly stated that he sought to be rehired on numerous occasions, and has also provided proof that ACSO is actively hiring. (D.E. 30-36; D.E. 30 at 23.) … Defendant next contends that sovereign immunity bars any declaratory judgment. (D.E. 12 at 8.) Aransas County cannot, however, claim sovereign immunity.