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589 F. Supp. 2d 33 · District Court, District of Columbia · Dec 15, 2008
Individual Capacity With respect to the claims against him in his individual capacity, defendant Berry *36 argues that he is protected by qualified immunity “insofar as his ... conduct dues not violate clearly established … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory
Cited 17 timesPublishedWilliam 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 timesPublishedTurpin 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 timesPublishedGreen 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 timesPublishedJacquelyn 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 timesPublishedDistrict 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 timesPublished359 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 timesPublished288 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 timesPublishedPinson 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 timesPublishedKenneth 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 timesPublished71 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 timesPublished748 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 timesPublished775 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 timesPublishedJohnson 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 timesPublishedEstate 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 timesPublished747 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 timesPublished310 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 timesPublishedDukore v. District of Columbia
799 F.3d 1137 · Court of Appeals for the D.C. Circuit · Aug 25, 2015
. 3 The doctrine of qualified immunity entitles officers to immunity from suit unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the right in question was not clearly established, we need not broach the question of whether a constitutional violation occurred because the officers are entitled to qualified immunity regardless.
Cited 46 timesPublished556 F.3d 844 · Court of Appeals for the D.C. Circuit · Feb 20, 2009
United States, “[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 … If that question is answered in the affirmative, the court then asks whether the constitutional right was clearly established. Ramsey, 434 F.3d at 572 (citing Saucier, 533 U.S. at 201, 121 S.Ct. 2151 ).
Cited 12 timesPublishedJohnson v. District of Columbia
528 F.3d 969 · Court of Appeals for the D.C. Circuit · Jun 20, 2008
and 7 the qualified immunity defense. … what is clearly established law.
Cited 106 timesPublished
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