Case law

Ramos Matta v. Tirado Delgado

671 F. Supp. 112 · District Court, D. Puerto Rico · Sep 10, 1987

The Court has before it defendants’ motion for partial summary judgment as to any damages claim on the basis of qualified immunity. … Zayas, 816 F.2d 818 (1st Cir.1987) (Regional Directors, Social Services Department — ruling on qualified immunity); Mendez-Palou v.

Keller v. Board of Education of the City of Albuquerque

182 F. Supp. 2d 1148 · District Court, D. New Mexico · Nov 20, 2001

Qualified Immunity Qualified immunity is a defense that shields government officials who perform discretionary functions from liability for civil damages. Harlow v. … School boards and school officials, including Defendants, perform discretionary functions and are thus entitled to assert the defense of qualified immunity- In order for a plaintiff to overcome a claim of qualified immunity

Grandy v. Huenke

District Court, N.D. Georgia · Jul 15, 2022

Our facts present an even stronger case for qualified immunity than Hines. … Plaintiff’s excessive force claim is barred by qualified immunity because she has not shown Defendant’s use of force violated clearly established law.

Smith v. The City of Dothan, Alabama

District Court, M.D. Alabama · Dec 30, 2020

To establish a constitutional harm and thereby abrogate the shield of qualified immunity, which applies to each of the first three counts of the Complaint, Smith must show that Detective Nelson did not have, at a minimum … If the arresting official had arguable probable cause to arrest for any offense, qualified immunity will still protect the official. Croland, 782 F. App'x 753, 757 (11th Cir. 2019).

Watkins v. Officer David Session

District Court, S.D. Florida · Nov 7, 2022

To overcome the qualified-immunity defense, a plaintiff must demonstrate that the official deprived him of a constitutional right that was “clearly established” when the alleged offense occurred. See Saucier v. … For purposes of qualified immunity in this District, only decisions of the U.S. Supreme Court, the Eleventh Circuit Court of Appeals, and the Florida Supreme Court constitute “clearly established” law. See McClish v.

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.

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

Sampson v. District of Columbia Retirement Board

District Court, District of Columbia · Aug 29, 2025

have said so clearly. … And “[p]ursuant to” that letter, she “was summarily put on administrative leave”—which itself may qualify as an adverse action. Id. ¶ 73; see Stewart v. U.S.

Snyder v. Internal Revenue Service

596 F. Supp. 240 · District Court, N.D. Indiana · Oct 18, 1984

The Court found that a federal official enjoyed only a qualified immunity, so that he could be liable individually if he knows or should have known that he is acting outside the law. Id. at 506-07 , 98 S.Ct. at 2911 . … If the officials are alleged to have exceeded their authority and to have operated outside the scope of their official duties, then only the qualified immunity applies. Hutchinson, 677 F.2d at 1328 ; Nelson v.

Mencias Avila v. District of Columbia

District Court, District of Columbia · Sep 11, 2019

In Wesby, the Court addressed issues related to probable cause and the “clearly established law” standard in the qualified immunity context, not the principles of causation in the Fourth Amendment seizure context that Defendant … Courts have consistently analyzed an officer- defendant’s “just following orders” defense to a § 1983 action under the second, “clearly established law” prong of the qualified immunity framework, not as a potential barrier

Wong v. Minnesota Department of Human Services

216 F. Supp. 3d 991 · District Court, D. Minnesota · Oct 26, 2016

Wong would be qualified for shelter needy benefits. As to the third element, the Court concludes that the allegations in the Complaint, accepted as true for the purposes of the present motions, establish that Mr. … Intentional discrimination can be established through a showing of deliberate indifference. Id.

Zook v. Brown

575 F. Supp. 72 · District Court, C.D. Illinois · Oct 7, 1983

These clearly established rights do not appear in this case. In all instances, Defendants’ actions were reviewed by competent attorneys. … The record, and the decision in this case, contradicts any conclusion that clearly established rights existed.

Gonzalez v. Leonard

497 F. Supp. 1058 · District Court, D. Connecticut · Aug 28, 1980

In the case of defendant Money, his qualified immunity under the doctrine of Butz v. … The test for qualified immunity made applicable to constitutional claims against federal officers by Butz v.

Quinones Sepulveda v. United States

329 F. Supp. 2d 260 · District Court, D. Puerto Rico · Aug 10, 2004

CONCLUSIONS OF LAW It is well established that the United States, as sovereign, is immune from suit unless it consents to be sued. United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980). … The First Circuit firmly adheres to the established judicial recognition that the Federal Tort Claims Act, 28 U.S.C. §§ 1346 , 2671-2680, waives the sovereign immunity of the United States to suits in tort.

Willis v. Palmer

175 F. Supp. 3d 1081 · District Court, N.D. Iowa · Mar 30, 2016

A defendant is entitled to qualified immunity if the right that defendant violated was not “clearly established” at the time of the defendant’s actions. See Saucier v. … In this case, the defendants are clearly entitled to qualified immunity.

Mother Goose Nursery Schools, Inc. v. Sendak

591 F. Supp. 897 · District Court, N.D. Indiana · Jun 29, 1984

The foregoing decision with respect to immunity was written at a time when the state of the law with respect to qualified immunity permitted the court to consider both an objective and subjective aspect with respect to the … The change that Harlow brought to the law does not convince this court that Judge McNagny’s decision with respect to qualified immunity in this case was incorrect.

Ruiz Roche v. Lausell

665 F. Supp. 99 · District Court, D. Puerto Rico · May 28, 1987

Lausell raises the defense of qualified immunity in that political affiliation is a proper qualification for the position of General Counsel for the Puerto Rico Telephone Company (PRTC). … Additionally, the nature of the position is alleged to be one for which political affiliation is, or could reasonably have been believed to be, proper, and, therefore, Lausell is protected by qualified immunity.

Austin v. Taylor

604 F. Supp. 2d 685 · District Court, D. Delaware · Mar 24, 2009

CMS has provided no evidence or argument in this regard and has failed to meet its burden to establish that it is an “arm of the state” immune from § 1983 liability. … Martin III) “accused CMS of failing to recruit and train qualified medical professionals” due to financial reservations.

Committee of Blind Vendors v. District of Columbia

695 F. Supp. 1234 · District Court, District of Columbia · Oct 7, 1988

Plaintiffs’ counsel appears to be qualified, and has not been challenged by defendants. … It is not clear whether states waive their immunity by participating in the Randolph-Sheppard Act program.

Atlantic Recording Corp. v. Project Playlist, Inc.

603 F. Supp. 2d 690 · District Court, S.D. New York · Mar 25, 2009

If this is established, the district court generally should disturb the plaintiffs choice of forum only if, on balance, the following factors clearly favor transfer: (1) the convenience of witnesses; (2) the convenience of … After all, Playlist has established what appears to be an international business.