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  • Turpin v. District of Columbia

    District Court, District of Columbia · Mar 27, 2024

    Thus, an officer conducting a search “is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.” Pearson, 555 U.S. at 243–44. … But even putting aside the different facts that case presented, a decision of a district court cannot clearly establish the law for qualified immunity purposes.

    Cited 0 timesPublished
  • Dingle v. District of Columbia

    571 F. Supp. 2d 87 · District Court, District of Columbia · Aug 12, 2008

    Qualified Immunity Defendants argue that they are entitled to qualified immunity with respect to both claims of false arrest. 5 Construing the facts in favor of plaintiffs deposition testimony, the Court finds the officers … Applying the two-part analysis to this action, it appears from this record that Officer Moore violated a clearly established right.

    Cited 34 timesPublished
  • Jacquelyn M. Chagnon v. Griffin Bell

    642 F.2d 1248 · Court of Appeals for the D.C. Circuit · Oct 14, 1980

    defense only in an area of “clearly established” law. … Rather, the question is whether the conduct complained of transgressed “clearly established” constitutional limits.

    Cited 25 timesPublished
  • Johnson v. Wilson

    District Court, District of Columbia · Mar 20, 2024

    A court should not define “clearly established law at a high level of generality,” id. … Officer Dorghoud is not entitled to relief on Counts I, III, or IV Even considering the body-worn camera footage, Officer Dorghoud has not established his entitlement to qualified immunity or qualified privilege

    Cited 0 timesPublished
  • Green v. Security Assurance Management

    District Court, District of Columbia · Dec 11, 2024

    Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … The “clearly established” prong of qualified immunity “means that, at the time of the officer’s conduct, the law was ‘sufficiently clear’ that every ‘reasonable official would understand that what he is doing’ is unlawful

    Cited 0 timesPublished
  • Estate of Phillips v. District of Columbia

    455 F.3d 397 · Court of Appeals for the D.C. Circuit · Aug 1, 2006

    We conclude that the district court erred in denying Edwards qualified immunity because the Firefighters did not allege the violation of a clearly established constitutional right; that is, even if Edwards’s failure to remedy … Qualified immunity under section 1983 shields a state or local official from personal liability unless his action violated a “clearly established statutory or constitutional right[] of which a reasonable person would have

    Cited 53 timesPublished
  • William C. Wardlaw v. William R. Pickett, Deputy United States Marshal

    1 F.3d 1297 · Court of Appeals for the D.C. Circuit · Dec 6, 1993

    Qualified immunity protects a government official from suits for damages if the official’s conduct did not violate clearly established rights of which a reasonable person would have known. Harlow v. … In general, qualified immunity extends to “government officials performing discretionary functions ... insofar as their conduct does not violate clearly established ... rights of which a reasonable person would have known

    Cited 124 timesPublished
  • Bowser v. Smith

    288 F. Supp. 3d 136 · Court of Appeals for the D.C. Circuit · Jan 18, 2018

    Smith argues that he is entitled to qualified immunity because he violated no "clearly established constitutional right in failing to properly escort Plaintiff's assailant through the prison cell-block." Smith Mot. … "In order to defeat qualified immunity at the motion to dismiss stage, plaintiff must allege facts that plausibly establish" that qualified immunity does not apply. Boatwright v.

    Cited 1 timesPublished
  • Gaubert v. Gray

    747 F. Supp. 40 · District Court, District of Columbia · Aug 27, 1990

    Violations of “Clearly Established” Rights In Harlow , the Supreme Court held that to overcome an assertion of qualified immunity the constitutional rights alleged by plaintiff to have been violated must have been “clearly … action is a violation) violates a clearly established right.”

    Cited 4 timesPublished
  • Freeman v. Fallin

    310 F. Supp. 2d 11 · District Court, District of Columbia · Feb 26, 2004

    Qualified immunity “shield[s 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.” … establish that the urinalysis testing at issue here qualifies as a search.

    Cited 3 timesPublished
  • Madison v. Cruz

    359 F. Supp. 3d 135 · District Court, District of Columbia · Feb 13, 2019

    The First Circuit has adopted a two-part test to assess qualified immunity. … I find that had Defendant McDonald been aware that Plaintiff was outed as an informant and previously assaulted but declined to act to ensure Plaintiff's safety, it would qualify as a violation of Plaintiff's clearly established

    Cited 1 timesPublished
  • Pinson v. United States Department of Justice

    246 F. Supp. 3d 211 · District Court, District of Columbia · Mar 30, 2017

    Qualified Immunity The DOJ asserts, cursorily, that Dignam and Samuels are shielded from liability by qualified immunity.12 MTD at 8–9. … As discussed below, the Count concludes that Pinson had a clearly established right. The qualified immunity defense thus turns on whether there was a violation of that right.

    Cited 20 timesPublished
  • Kenneth W. Martin v. John P. Malhoyt, John Doe(s) Shirley Ann Stevens v. David H. Stover, John Doe

    830 F.2d 237 · Court of Appeals for the D.C. Circuit · Nov 24, 1987

    The district court recited the Harlow standard: qualified immunity shields government officials as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … action is a violation) violates a clearly established right.

    Cited 252 timesPublished
  • McGregor v. Greer

    748 F. Supp. 881 · District Court, District of Columbia · Sep 27, 1990

    Therefore, in order to determine whether qualified immunity attaches, we must first determine whether plaintiff alleges violation of any clearly established rights. … Thus, the Court concludes that plaintiff did not have a “clearly established” right to privacy in the lobby of her apartment. Therefore, defendants are entitled to qualified immunity on this issue.

    Cited 13 timesPublished
  • Rasul v. Rumsfeld

    414 F. Supp. 2d 26 · District Court, District of Columbia · Feb 6, 2006

    Qualified immunity “shield[s 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.” … Any Constitutional Right was Not Clearly Established Assuming arguendo that the D.C.

    Vacated on other grounds by Bair v. United States, 129 S. Ct. 763 (2008)Cited 20 timesPublished
  • Davis v. Billington

    775 F. Supp. 2d 23 · District Court, District of Columbia · Mar 30, 2011

    Qualified Immunity As noted previously in this Memorandum Opinion, the doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established … Therefore, because the plaintiff alleges in his Complaint the violation of a clearly established constitutional right, defendant Mulhollan’s motion to dismiss on qualified immunity grounds must be denied. 2.

    Cited 9 timesPublished
  • Ronkin v. Vihn

    71 F. Supp. 3d 124 · District Court, District of Columbia · Oct 16, 2014

    Qualified immunity shields 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 … Put succinctly, defendants are entitled to qualified immunity unless the plaintiff alleges (1) a violation of a constitutional right that (2) was “clearly established” at the time of the violation.” Saucier v.

    Cited 8 timesPublished
  • Johnson v. District of Columbia

    67 F. Supp. 3d 157 · District Court, District of Columbia · Sep 10, 2014

    The doctrine of qualified immunity protects government officials from suit for civil damages unless a plaintiff shows that the official violated a statutory or constitutional right, and that the right was clearly established … If there is a constitutional violation, the second question is: Whether the right violated was “clearly established?” Id.

    Cited 3 timesPublished
  • Meredith v. Federal Mine Safety & Health Review Commission

    177 F.3d 1042 · Court of Appeals for the D.C. Circuit · Jun 4, 1999

    Fitzgerald, 457 U.S. 800 (1982) (restricting qualified immunity protection to actions where official conduct did not violate a clearly established legal right), such immunity does not extend to a suit seeking equitable … of a clearly established right, the lexical priority of the inquiries are identical.

    Cited 59 timesPublished
  • Hawkins v. Boone

    786 F. Supp. 2d 328 · District Court, District of Columbia · May 23, 2011

    “The doctrine of 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 … In such a situation, they should not lose their qualified immunity. See Atherton v.

    Cited 11 timesPublished

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