Case law

New England Merchants National Bank v. Iran Power Generation & Transmission Co.

502 F. Supp. 120 · District Court, S.D. New York · Sep 26, 1980

In addition, the defendants are non-domiciliaries including many foreign corporations not qualified to do business in this state. … This requires a case by case analysis and clearly involves questions of fact and law peculiar to each individual case.

Armster v. City of Riverside

611 F. Supp. 103 · District Court, C.D. California · May 1, 1985

The test to determine whether a defendant may assert a “good faith” or “qualified immunity” defense is a purely objective one based on whether the conduct complained of violated “ ‘clearly established statutory or constitutional … “Whether the official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law.’ ” Id.

Minor v. Cumberland Township

258 F. Supp. 3d 518 · District Court, W.D. Pennsylvania · Jun 27, 2017

Qualified Immunity The Officer Defendants assert qualified immunity as & defense as to all of Plaintiffs’ Section 1983 claims. (Doc. 62) at 24. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Harden v. Peck

686 F. Supp. 1254 · District Court, N.D. Illinois · Apr 11, 1988

Peck: Qualified Immunity The plaintiffs argue that Peck is not entitled to qualified immunity for two reasons: first, because no reasonably competent police officer in Peck’s position would have concluded that the factual … We hold that the Peck is protected from suit by the doctrine of qualified immunity. B.

Kapar v. Islamic Replublic of Iran

105 F. Supp. 3d 99 · District Court, District of Columbia · May 22, 2015

and execution absent a waiver of foreign sovereign immunity. … Reference to Section 1605A in Section 1610(g)’s attachment provision is quite clearly a benefit provided by the law.

Torname v. Phair

2 Mass. Supp. 869 · District Court, D. Massachusetts · Oct 30, 1981

Defendant Trabucco raises the affirmative defense of qualified immunity. … Trooper Phair enjoys the same defense of qualified immunity as Superintendent Trabucco.

Gatter v. Zappile

67 F. Supp. 2d 515 · District Court, E.D. Pennsylvania · Oct 7, 1999

Although not raised by the defendants, Dan-bach and Williamson have the additional defense of qualified immunity. … Police officers and other government officials have qualified immunity from suit under section 1983 so long as " ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Baker v. Zlochowon

741 F. Supp. 436 · District Court, S.D. New York · Jun 29, 1990

Defendants contention that they have qualified immunity from suit for damages does not warrant granting their summary judgment motion. … the defense of qualified immunity.

Slusarchuk v. Hoff

228 F. Supp. 2d 1007 · District Court, D. Minnesota · Oct 31, 2002

Qualified Immunity Defendants have raised the defense of qualified immunity. … , and if so, whether that right was clearly established at the time of the events in question.

Fauconier v. Clarke

257 F. Supp. 3d 746 · District Court, W.D. Virginia · Jun 28, 2017

Qualified Immunity To the extent that plaintiff requests monetary damages, defendants also seek summary judgment on the basis of qualified immunity. … Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Hughes v. City of Hartford

96 F. Supp. 2d 114 · District Court, D. Connecticut · Mar 15, 2000

qualified or absolute, available to a municipality sought to be held hable under 42 U.S.C. § 1983 .” … (granting motion to strike complaint alleging negligent training of police officer regarding high speed chases because such action is clearly discretionary and protected by governmental immunity); Doe v.

Killarney v. Laperla

559 F. Supp. 499 · District Court, E.D. New York · Mar 18, 1983

In that case, the Court held that government officials are immune from personal liability for unconstitutional conduct insofar as their conduct was objectively reasonable as measured by reference to clearly established law … Prior to Harlow , the established standard for qualified or “good faith” immunity was two-pronged, bifurcating the concept of good faith on the part of the officers into an objective and subjective component.

Webster v. Fulton County, Ga.

44 F. Supp. 2d 1359 · District Court, N.D. Georgia · Feb 12, 1999

qualified immunity. … The individual Defendants next contend that they are entitled to qualified immunity because the Plaintiffs cannot show that the Defendants violated clearly established law regarding administration of the MFBE Program.

Oniasse v. Hernandez

352 F. Supp. 3d 1186 · District Court, M.D. Florida · Dec 3, 2018

"clearly established statutory or constitutional rights of which a reasonable person would have known." … Viewing the facts in Pastor Oniasse's favor, the Court concludes that Deputy Hernandez is not entitled to qualified immunity for the false arrest/detention claim but is entitled to qualified immunity for the excessive force

Scelsa v. City University of New York

806 F. Supp. 1126 · District Court, S.D. New York · Nov 18, 1992

Jurisdiction for 42 U.S.C. § 2000e-3(a) 7 , Title VII, is also established under *1137 § 1343(a)(3). The same analysis applies to 42 U.S.C. § 2000e-2(a). 8 C. Eleventh Amendment Immunity . … This contention is clearly wrong, as a long line of cases, from Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908) to the present clearly demonstrates.

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.

Berthiaume v. Caron

973 F. Supp. 29 · District Court, D. Maine · Jul 10, 1997

Qualified Immunity If Defendants’ conduct is immunized at all, it results from the qualified good faith immunity available under 42 U.S.C. § 1983 . … Government officials are entitled to qualified immunity for their discretionary acts as long as their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have

Kimberlin v. Quinlan

774 F. Supp. 1 · District Court, District of Columbia · Aug 6, 1991

that were clearly established at the time of the conduct in question. … right, and qualified immunity would not attach to their actions.

Ortiz-Romany v. United States

497 F. Supp. 2d 285 · District Court, D. Puerto Rico · Jul 6, 2007

Federal officials, in the performance of their discretionary functions, are usually entitled to only qualified or good-faith immunity. Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974). … The scope of derivative judicial immunity established by the above-cited cases contemplates the actions and omissions of the defendants-officers under a Bivens suit.

Foster v. CITY OF PRESNO

392 F. Supp. 2d 1140 · District Court, E.D. California · Jul 12, 2005

These two questions both fall under the rubric of qualified immunity. The doctrine of qualified immunity promotes public service by eliminating the risk of personal liability for official decisions. Harlow v. … If there is a genuine issue of material fact, the constitutional violation is assumed and the next question is whether the right was clearly established at the time. 2.