Case law

Juncker v. Tinney

549 F. Supp. 574 · District Court, D. Maryland · Sep 3, 1982

Qualified immunity is an affirmative defense, a fact which makes it inappropriate, on two grounds, for a federal court to consider the issue of qualified immunity in ruling on a motion to dismiss a § 1983 suit for failure … The federal court should treat the qualified immunity defense no differently than any other defense that the defendants might raise in state court.

Kerpelman v. Bricker

23 Md. App. 628 · Court of Special Appeals of Maryland · Dec 16, 1974

It is distinguished from a qualified privilege in that the former provides immunity irrespective of the purposes or motive of the defendant or the reasonableness of his conduct, while the *630 latter is conditioned upon the … Clearly the filing of the complaint in this case initiated a judicial proceeding by setting in motion the grievance procedure.

Ritchie v. Donnelly

324 Md. 344 · Court of Appeals of Maryland · Oct 29, 1991

immunity.. … The police officer in Clea was clearly acting within the scope of his employment.

Martin v. Conner

882 F. Supp. 2d 820 · District Court, D. Maryland · Mar 2, 2012

Qualified Immunity a. Was the Right Clearly Established? The right not to be subjected to a traffic stop without reasonable suspicion was clearly established in 2009. … Qualified Immunity i. Was the Right Clearly Established?

Lovelace v. Anderson

126 Md. App. 667 · Court of Special Appeals of Maryland · Jun 3, 1999

Once the two factors are established, “a qualified immunity attaches; namely, in the absence of malice, the individual involved is free from liability.” Clea v. … Thus, a law enforcement officer is entitled to qualified public official immunity.

Imperial v. Drapeau

351 Md. 38 · Court of Appeals of Maryland · Aug 27, 1998

privilege rather than perhaps given qualified immunity by a privilege such as fair comment on matters of public concern or a similar qualified privilege. … If Imperial did enjoy qualified immunity for his letters, Drapeau would finally have an opportunity for a judicial proceeding to clear his name, since the record establishes that there was sufficient evidence for a jury to

Lynn v. O'LEARY

264 F. Supp. 2d 306 · District Court, D. Maryland · May 8, 2003

Defendants finally argue that they are entitled to qualified immunity on any claim that the arrest and search were unconstitutional. … Next, assuming that a violation of the right is established, I must determine whether the right was clearly established at the time such that it would be clear to an objectively reasonable officer that his conduct violated

Maryland State Conference of NAACP Branches v. Maryland Department of State Police

72 F. Supp. 2d 560 · District Court, D. Maryland · Sep 30, 1999

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory … In regard to qualified immunity, the plaintiffs do not suggest there was a clearly established right to have “balanced” statistics (see Defts.

Adams v. Calvert County Public Schools

201 F. Supp. 2d 516 · District Court, D. Maryland · May 22, 2002

Other candidates were deemed more qualified by CCPS and re.ceived these promotions. … immunity under federal law.

Chase v. Mayor of Baltimore

126 Md. App. 427 · Court of Special Appeals of Maryland · May 26, 1999

. *430 On 26 January 1998, appellees filed a motion for summary judgment on the bases that either of two Maryland statutes provided qualified immunity to Mr. … GROSS NEGLIGENCE Because the circuit court held that both the Good Samaritan Act and the Fire and Rescue Company Act granted qualified immunity to Mr.

Callahan v. Bowers

131 Md. App. 163 · Court of Special Appeals of Maryland · Mar 13, 2000

The order in this case: 1) conclusively determined as a matter of law that appellant did not qualify for qualified immunity, 2) resolved an important issue because if appellant is entitled to immunity, he may be entitled … We now turn to the remaining elements of qualified public immunity to determine appellant’s status.

McIntyre v. Robinson

126 F. Supp. 2d 394 · District Court, D. Maryland · Nov 21, 2000

Defendants’ primary argument is that they are protected from liability in this regard on the basis of qualified immunity because, in the familiar words of the Supreme Court, their conduct did not violate “clearly established … McKinney in 1993, the right of a prisoner to be free from unreasonable levels of ETS has been clearly established.

Ross v. Early

758 F. Supp. 2d 313 · District Court, D. Maryland · Feb 25, 2011

Qualified immunity shields government officials performing discretionary functions from civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity shields government officials performing discretionary functions from liability so long as "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Littleton v. PRINCE GEORGE'S COUNTY, MD.

797 F. Supp. 2d 648 · District Court, D. Maryland · Jun 21, 2011

qualified immunity analysis. … Defendants bear the burden of establishing qualified immunity. Cloaninger ex rel. Estate of Cloaninger v. McDevitt, 555 F.3d 324 , 332 n. 10 (4th Cir.2009).

Espina v. Jackson

442 Md. 311 · Court of Appeals of Maryland · Mar 30, 2015

In addition, the immunity from suit applied whether or not the tenant accepted the “qualified offer.” Dackman, 422 Md. at 366-67, 30 A.3d at 859. … The first, as in that case, involved the scenario where no qualified offer was made, or was required to be made, or where a qualified offer was rejected by the plaintiff, but the landlord nonetheless would be immune from

Benford v. American Broadcasting Companies, Inc.

502 F. Supp. 1148 · District Court, D. Maryland · Nov 14, 1980

The Butz Court utilized the definition of qualified immunity that the Court applied to state officials in Scheuer . … In his dissenting opinion in McSurley , Judge Wilkey clearly assumed that absent the absolute protection of the Speech or Debate Clause the legislative defendants would have access to qualified official immunity.

Mills v. Galyn Manor Homeowner's Ass'n, Inc.

239 Md. App. 663 · Court of Special Appeals of Maryland · Dec 21, 2018

In this case, Galyn Manor qualifies as a “person” subject to liability under the MCPA. … Clearly, the Court of Appeals has treated “immunity” and “exemption” as synonyms, and we similarly do so here. 5 Galyn Manor and Andrews further maintain that the Homeowners have not presented any issue of

Munyiri v. Haduch

585 F. Supp. 2d 670 · District Court, D. Maryland · Nov 2, 2008

Secretary Maynard and Warden Williams assert their right to qualified immunity. In assessing a claim of qualified immunity, the court employs a two-pronged analysis. Saucier v. … If a constitutional violation has occurred, the second step requires the court to consider whether the right was clearly established, measured by whether a reasonable officer would have believed the conduct to be lawful under

Zimmer-Rubert v. Board of Education

179 Md. App. 589 · Court of Special Appeals of Maryland · May 5, 2008

, clearly outweighs this factor. … . § 5-518(c) clearly and unambiguously abrogates sovereign immunity for any claim, up to $100,000, against a county board of education.

Samuels v. Tschechtelin

135 Md. App. 483 · Court of Special Appeals of Maryland · Oct 13, 2000

assessed in light of the legal rules that were “clearly established” at the time it was taken. … action is a violation) violates a clearly established right.