Case law

McDermott v. Town of Windham

204 F. Supp. 2d 54 · District Court, D. Maine · May 31, 2002

Defendant Cox: Qualified Immunity The Supreme Court has held that government officials performing discretionary functions are generally shielded from civil damages so long as their conduct “does not violate clearly established … Under qualified immunity, “Public officials who stand accused of civil rights violations under section 1983 nonetheless can-avoid liability... by showing either that they did not violate a right clearly established under

Hegarty v. Somerset County

848 F. Supp. 257 · District Court, D. Maine · Mar 23, 1994

Qualified Immunity All Defendants claim that they are entitled to qualified immunity. … The standard for qualified immunity is that “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Ayotte v. Barnhart

973 F. Supp. 2d 70 · District Court, D. Maine · Sep 24, 2013

immunity because they violated clearly established law by refusing to address the increase in padlock assaults in 2010. … the right was ‘clearly established’ at the time of the defendant’s alleged violation.”

Joseph v. Donahue

392 F. Supp. 3d 973 · District Court, D. Maine · May 28, 2019

"Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 action *984 unless the official's conduct violates a clearly established constitutional or statutory right of which … A police officer is entitled to qualified immunity unless the facts shown by the plaintiff establish "(1) that a plaintiff's constitutional rights have been violated, and (2) those rights were so clearly established at the

Erskine v. Commissioner of Corrections

682 A.2d 681 · Supreme Judicial Court of Maine · Aug 15, 1996

In their answer, the defendants raised the affirmative defenses of sovereign and qualified immunity, M.R.Civ.P. 8(c). … Despite their knowledge of Robinson’s violent nature, the defendants are entitled to the defense of qualified immunity for purposes of section 1983 liability.

Parks v. City of Brewer

56 F. Supp. 2d 89 · District Court, D. Maine · Jul 16, 1999

Qualified Immunity To assess a claim of qualified immunity, a court must determine (i) whether the plaintiff has alleged the violation of a clearly established right, and (ii) whether a reasonable, similarly situated defendant … When the existence of a constitutional right rests solely on the outcome of a balancing test, many courts have determined that the right generally is not clearly established for purposes of qualified immunity.

Hinkley v. Baker

122 F. Supp. 2d 48 · District Court, D. Maine · Nov 21, 2000

“Hence, state officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably … In discussing qualified immunity regarding abuse that occurred from 1980 to 1985, the Stoneking court noted that It may seem ludicrous to be obliged to consider whether it was “clearly established” that it was impermissible

Decotiis v. Whittemore

680 F. Supp. 2d 263 · District Court, D. Maine · Jan 28, 2010

However, in the interest of completeness, the Court will also address the second prong of the qualified immunity analysis' — whether, assuming that a constitutional violation occurred, such right was clearly established. … Accordingly, even if Plaintiffs Complaint stated a claim for First Amendment retaliation, Defendant Whittemore is entitled to qualified immunity because it was not clearly established that the First Amendment would be violated

Tauvar v. Bar Harbor Congregation of Jehovah's Witnesses, Inc.

633 F. Supp. 741 · District Court, D. Maine · Mar 26, 1986

The general rule of qualified immunity, set out in Harlow v. … This clearly buttresses the officer’s qualified immunity defense on the basis of good faith compliance with the law. Cf. Blackburn v.

Richards v. Town of Eliot

780 A.2d 281 · Supreme Judicial Court of Maine · Sep 10, 2001

whether the officers are nevertheless entitled to qualified immunity for their conduct. … Katz, “is to ask whether the right was clearly established.” Id.

Pamela G. Argereow v. Verne M. Weisberg, M.D.

195 A.3d 1210 · Supreme Judicial Court of Maine · Oct 16, 2018

to Mercy squarely within the scope of immunity established in section 2511. … At this stage of the proceedings, it is premature to conclude that Weisberg’s claim of immunity has been clearly established within the four corners of Argereow’s complaint.

Gonsalves v. Internal Revenue Service

791 F. Supp. 19 · District Court, D. Maine · Apr 28, 1992

See, e.g., Wages, 915 F.2d at 1235 (“[Defendants are clearly entitled to qualified immunity, since no prior decisions from our circuit have clearly established any of the constitutional rights alleged to have been violated … ’s complaint alleges no actions by defendants that violated a clearly established constitutional right to due process, defendants are immune from suit.”); Baddour, Inc. v.

Tolliver v. Department of Transportation

948 A.2d 1223 · Supreme Judicial Court of Maine · May 13, 2008

Limit established. … The availability of qualified immunity is often closely intertwined with the facts of a case; thus, where there has been a trial, appellate review should be confined to those facts established at trial.

REYES v. United States

District Court, D. Maine · Jul 26, 2022

Hernandez, 504 U.S. 25, 32-33 (1992) (holding that claims are frivolous under section 1915 when they are “clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional” (cleaned … Testan, 424 U.S. 392, 399 (1976) (“It long has been established, of course, that the United States, as sovereign, is immune from suit save as it consents to be sued and the terms of its consent to be sued in any court

Henriksen v. Cameron

622 A.2d 1135 · Supreme Judicial Court of Maine · Mar 24, 1993

Collins was a “qualified licensed doctor who is qualified and licensed and practices in the area of psychiatry.” Dr. … In fact, this approach to interspousal immunity is a common one.

Morelli v. Webster

554 F. Supp. 2d 46 · District Court, D. Maine · May 19, 2008

Excessive Force The Court next considered whether qualified immunity protects Defendant for the force he used against Morelli. … Defendant, therefore, would be entitled to qualified immunity.

Frei v. Gilsrud

364 F. Supp. 3d 1001 · District Court, D. Maine · Jun 29, 2017

In evaluating whether qualified immunity applies, we first consider whether any clearly established constitutional right was violated and, if so, whether that right was clearly established when the alleged injury occurred … Nor is Officer Gilsrud entitled to qualified immunity.

Buchanan Ex Rel. Estate of Buchanan v. Maine

417 F. Supp. 2d 45 · District Court, D. Maine · Feb 16, 2006

Step Two: Whether the Law Was Clearly Established The second step of the qualified immunity analysis is “whether the law was clearly established prior to” the violation. Savard, 338 F.3d at 27 . … Step Three: Whether a Reasonable Officer Would Have Understood His Conduct Contravened Clearly Established Law The third and final step in the qualified immunity analysis requires the Court to determine “whether a reasonable

LIVINGSTON v. STATE OF MAINE

District Court, D. Maine · Apr 24, 2024

The United States is immune from state constitutional claims. See Rich v. United States, 158 F. Supp. 2d 619, 630 (D. … When a plaintiff has failed to establish a waiver of sovereign immunity, a federal court lacks jurisdiction to hear the case.”).

Ms. K Ex Rel. S.B. v. City of South Portland

407 F. Supp. 2d 290 · District Court, D. Maine · Jan 3, 2006

Officials enjoy such immunity so long as their conduct did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The Court finds no such violation of clearly established rights in this case. 7 . The Court’s qualified immunity analysis is also identical.