Case law

Baldi-Perry v. Emerson Electric Company

District Court, W.D. New York · Feb 25, 2025

Delta Air Lines, Inc., 117 F.3d 76, 82 (2d Cir. 1997) (“[the] interaction between people and machinery is clearly of the sort that [the expert] has worked with in depth”); Beer v. … Supp. 2d at 178 (“testing is not required to establish feasibility if the expert can point to an existing design in the marketplace, which Ketchman in fact did”).

Ritten v. Lapeer Regional Medical Center

611 F. Supp. 2d 696 · District Court, E.D. Michigan · Mar 11, 2009

The statute further establishes a presumption that a professional review action has met these standards, and thus qualifies for immunity, “unless the presumption is rebutted by a preponderance of the evidence.” 42 U.S.C. … In the end, the Court must be mindful that the immunity provisions of the HCQIA are quite clearly designed to avoid excessive scrutiny of professional review actions in civil litigation.

Massey v. Dorning

District Court, N.D. Alabama · Feb 7, 2020

The analysis does not end there: the court must decide whether Sheriff Dorning is entitled to qualified immunity.13 Qualified immunity protects public officials from suit if “their conduct does not violate … Invoking qualified immunity, Sheriff Dorning argues that Massey failed to show that the violation of her right to equal protection was clearly established.

Dusanenko v. Maloney

560 F. Supp. 822 · District Court, S.D. New York · Apr 5, 1983

Because the Court has recognized an absolute or qualified immunity for most government officials, a finding of immunity for the municipality itself might leave the injured party without a remedy, thereby thwarting the intent … While the defendant Town of'Clarkstown is not immune from suit, it is equally clear that based upon the uncontroverted facts of this case, plaintiffs have failed to establish a claim under 42 U.S.C. § 1983 against the Town

Lojeski v. Boandl

602 F. Supp. 918 · District Court, E.D. Pennsylvania · Jan 23, 1985

Therefore, defendants’ reliance on the sovereign immunity doctrine is misplaced. Defendants next argue that they are entitled to the qualified immunity de *921 fense established by the Supreme Court in Scheuer v. … However, it is the law of this circuit that the qualified immunity defense cannot be determined on a Fed.R.Civ.P. 12(b)(6) motion. Thompson, supra; Fidtler v.

Felak v. United States

661 F. Supp. 51 · District Court, D. Minnesota · Jun 1, 1987

Motion for protective order The United States moved for a protective order preventing discovery from it or the individual defendants until a determination of qualified immunity is made. … Defendant’s motion for a protective order preventing discovery from government officials until resolution of the threshold qualified immunity issue is GRANTED.

M.B. v. Schuylkill Cnty.

375 F. Supp. 3d 574 · District Court, E.D. Pennsylvania · Mar 21, 2019

Hoke is insulated by qualified immunity. … "To resolve a claim of qualified immunity, courts engage in a two-pronged inquiry: (1) whether the plaintiff sufficiently alleged the violation of a constitutional right, and (2) whether the right was 'clearly established

School Board of the Parish of St. Charles v. Quala Systems, Inc.

159 F. Supp. 2d 295 · District Court, E.D. Louisiana · Mar 30, 2001

Defendant argues that, under Supreme Court jurisprudence, the Tax Injunction Act is clearly inapplicable to the facts of this matter. … As to the Eleventh Amendment argument, it points out that plaintiffs, as political subdivisions, do not qualify as the state for purposes of the Eleventh Amendment.

Alinsky v. United States

156 F. Supp. 2d 908 · District Court, N.D. Illinois · Aug 2, 2001

Willie Card’s affidavit (which is essentially unrebutted by plaintiffs) coupled with plaintiffs’ own characterization of Midwest’s contractual relationship with the FAA clearly establishes that the FAA does not control the … Plaintiffs interpret this order to mean that an FAA air traffic controller who does not qualify as a supervisor may not stand watch alone.

Gustavo Rodriguez v. Kirstjen Nielsen

District Court, C.D. California · May 26, 2020

App’x 53, 54 (9th Cir. 2007). 16 A litigant must meet two criteria to qualify as a “prevailing party” under the 17 EAJA. Buckhannon Bd. and Care Home, Inc. v. W. Va. … Marolf, 277 F.3d 1156, 1163–64 21 (9th Cir. 2002) (“A reasonable litigation position does not establish substantial 22 justification in the face of a clearly unjustified underlying action.”)

WEREB v. Maui County

727 F. Supp. 2d 898 · District Court, D. Hawaii · Jul 28, 2010

The defense of qualified immunity “shields government officials performing discretionary functions from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional … The defense of qualified immunity requires a two-part analysis.

Selzer v. Berkowitz

459 F. Supp. 347 · District Court, E.D. New York · Oct 27, 1978

Such a class, defendants claim, is not clearly enough defined for purposes of Section 1985(3) coverage. … While Griffin quite clearly established that Section 1985(3) extends to purely private conspiracies, the Court’s requirement, as noted above, of a racial or otherwise class-based invidiously discriminatory animus as part

McQueen v. Shelby County

730 F. Supp. 1449 · District Court, C.D. Illinois · Feb 13, 1990

Nevertheless, the rule is also well established that the mere existence of some factual dispute will not frustrate an otherwise proper summary judgment. Anderson v. … If CCMHC is considered to be a “local public entity” within the meaning of the Tort Immunity Act, then the allegations of the Shelby County Defendants fall clearly within 116-105 of the act which provides neither a local

Golden v. State Board of Law Examiners

452 F. Supp. 1082 · District Court, D. Maryland · Mar 30, 1978

The State clearly has a legitimate interest in this area and may adopt reasonable requirements to further that interest. … Privileges and Immunities The article IV privileges and immunities clause (U.S.Const. art.

Bane v. Virginia Department of Corrections

267 F. Supp. 2d 514 · District Court, W.D. Virginia · Jun 6, 2003

Ill To establish a violation of the Rehabilitation Act, a plaintiff must prove that he or she: (1) is a qualified individual with a disability; (2) is otherwise qualified for the benefit of programs, services, or activities … The law is clearly established that a prison official’s deliberate disregard of the serious medical needs of an inmate is a violation of the inmate’s constitutional rights. See Estelle v.

Albright v. City of Peekskill

District Court, S.D. New York · Jul 14, 2025

finds that the Police Officers are protected by qualified immunity. … Where probable cause is absent, “an arresting officer is still entitled to qualified immunity if he can establish that there was ‘arguable probable cause.’” Wheeler v.

Levy v. Office of the Legislative Auditor

459 F. Supp. 2d 494 · District Court, M.D. Louisiana · Aug 21, 2006

were not clearly established. … The defendants have established all of the elements required for qualified immunity to apply under the facts of this case.

Ahlers v. Schebil

994 F. Supp. 856 · District Court, E.D. Michigan · Feb 18, 1998

Thereafter, the Washtenaw County Defendants moved for summary judgment on the qualified immunity issue and on the state tort claims. … established constitutional right of which objectively reasonable officers know, for purposes of determining Washtenaw County Defendants’ qualified immunity; (5) sheriff would not be dismissed from Ahlers’ state law tort

Garrett

District Court, W.D. New York · Mar 4, 2026

Parmley, 465 F.3d 46, 55 (2d Cir. 2006) (explaining that “[q]ualified immunity shields police officers acting in their official capacity from suits for damages unless their actions violate clearly-established rights of … at issue was clearly established at the time of [the] defendant’s alleged misconduct.”

Benedict v. Town of Newburgh

95 F. Supp. 2d 136 · District Court, S.D. New York · Apr 11, 2000

Soldenwagner, 19 F.3d 573 (11th Cir.1994) (right not clearly established in 1994 for purposes of qualified immunity). … Qualified Immunity It is inappropriate to resolve the issue of qualified immunity at this stage of the litigation. The issue appears to be somewhat fact intensive.