Case law

Santangelo v. State

101 A.D.2d 20 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 1984

In any event, even if a rule of qualified immunity were to be applied here, we would affirm. … them only qualified immunity; see, also, Anderson v New York State Div. of Parole ( 546 F Supp 816 ) granting absolute immunity (see discussion, p 28).

M.W. v. Nassau County

2025 NY Slip Op 05550 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2025

The County moved for summary judgment dismissing the complaint insofar as asserted against it, contending, inter alia, that it was entitled to governmental function immunity and qualified immunity pursuant to Social Services … Contrary to the County's contention, it "was not entitled to qualified immunity pursuant to Social Services Law § 419, as qualified immunity does not bar recovery for the negligent supervision of children in foster care"

Van Emrik v. Chemung County Department of Social Services

220 A.D.2d 952 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1995

Plaintiffs contend that questions of fact exist as to whether defendants are entitled to the qualified immunity from liability provided by Social Services Law § 419. … Here, the X rays were clearly not medically indicated.

Garson v. Hendlin

141 A.D.2d 55 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 1988

While it is true that the cloak of a qualified immunity may also serve to protect commentary of dubious probative worth, the policy interests furthered by recognition of the privilege serve as a counterweight to any incidental … The plaintiff has not established otherwise.

Cavanaugh v. Doherty

243 A.D.2d 92 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1998

“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … As such, accepting plaintiffs allegations as true for purposes of the motions to dismiss (see, McEvoy v Spencer, supra, at 95), we conclude that defendants have not established entitlement to qualified immunity.

Rossi v. City of Amsterdam

274 A.D.2d 874 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 2000

While plaintiffs contend that additional discovery may grant them an opportunity to acquire information sufficient to challenge the validity of such qualified immunity, it is well settled that the applicability of this doctrine … immunity, that doctrine does not shield performance that either (a) was in violation of clearly established law, or (b) was plainly incompetent” (id., at 112).

Ramirez v. State of New York

143 A.D.3d 880 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 2016

Following a nonjury trial, the Court of Claims dismissed the claims based upon, among other things, the doctrine of qualified immunity. We affirm. … To establish its entitlement to qualified immunity, the governmental body must demonstrate “that the relevant discretionary determination by the governmental body was the result of a deliberative decision-making process”

Jackson v. New York City Transit Authority

30 A.D.3d 289 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2006

entitlement to qualified immunity, the defendant must demonstrate that a public planning body considered and passed upon the same question of risk as would go to a jury in the case at issue (see Ernest v Red Cr. … This is not enough to demonstrate the requisite consideration of the committee so as to entitle the Authority to qualified governmental immunity as a matter of law on this point.

Pedraza v. New York City Tr. Auth.

2022 NY Slip Op 00255 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

That motion was premised on the TA's position that it was entitled to qualified immunity. … Even if the TA ultimately is able to establish through the testimony of its witnesses and other evidence that it is entitled to qualified immunity, we conclude that it is not entitled under any circumstances to the shield

Tzilianos v. New York City Transit Authority

91 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 2012

Defendant failed to establish either that compliance with its six-inch gap standard proves that it was not negligent or that it is entitled to qualified immunity In support of its argument that it is entitled to qualified … In Jackson , this Court enunciated that, “[i]n order to establish entitlement to qualified immunity, the defendant must demonstrate that a public planning body considered and passed upon the same question of risk as would

Turturro v. City of New York

77 A.D.3d 732 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2010

The City contended, among other things, that it was entitled to qualified immunity for highway planning decisions made after adequate studies. … While its summary judgment motion was pending, the City made a separate motion, inter alia, for leave to amend its answer to add a defense of qualified immunity.

Cunningham v. State

71 A.D.2d 181 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1979

A more qualified immunity would subject a prosecutor to possible civil action with obvious harmful results. While a wronged defendant would be without civil redress, such is subordinate to the broader public interest. … Consequently, when engaged in the role of investigator, like that of a policeman, he should not enjoy absolute but only qualified immunity (Guerro v Mulhearn, 498 F2d 1249; Robichaud v Ronan, 351 F2d 533).

Pedraza v. New York City Tr. Auth.

2022 NY Slip Op 00255 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

That motion was premised on the TA's position that it was entitled to qualified immunity. … Even if the TA ultimately is able to establish through the testimony of its witnesses and other evidence that it is entitled to qualified immunity, we conclude that it is not entitled under any circumstances to the shield

Fontanetta v. John Doe 1

73 A.D.3d 78 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 2010

In Crepin v Fogarty ( 59 AD3d 837, 839 [2009]), the Appellate Division, Third Department, found that a deed qualified as “documentary evidence” where it conclusively established the validity of the disputed easement. … The printed materials submitted by the defendants do not qualify as documentary evidence, with the possible exception of the attendance sheets, which are clearly insufficient to resolve all factual issues. .

Maio v. Kralik

70 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2009

Kralik, as Sheriff of the County of Rockland, was entitled to qualified immunity. … “A government official is protected by qualified immunity insofar as the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (Sagendorf-Teal

People v. Meegan

60 A.D.2d 961 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1978

of our immunity statutes’ (People v. … Neither made any statement qualifying or limiting such waiver. They gained no immunity, therefore, from having testified before the Grand Jury.

Galarza v. City of New York

2024 NY Slip Op 04603 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2024

Dismissal is appropriate on the basis of qualified immunity because the subject use of force was not clearly objectively unreasonable under the then-governing law ( see generally Muschette v Gionfriddo , 910 F3d 65, 69-70 … Although it was "clearly established that officers may not use a taser against a compliant or non-threatening suspect" ( Muschette , 910 F3d at 69), it is undisputed in the record that plaintiff's decedent was neither compliant

Rigle v. County of Onondaga

267 A.D.2d 1088 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1999

Pirro were properly dismissed on the ground of qualified immunity. … Government agents are entitled to qualified immunity from liability for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Hirschfeld v. City of New York

253 A.D.2d 53 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1999

The court rejected defendants’ assertion of absolute prosecutorial immunity, since there was no pending Grand Jury proceeding, and further noted that their entitlement to qualified immunity was subject to challenge upon a … This is true not only due to absolute immunity, but because the facts that establish immunity also prove the claim to be fatally defective.

Kubik v. New York State Department of Social Services

244 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 1997

However, the record clearly established that Jennifer was back in Kubik’s home when “the report of suspected child abuse or maltreatment” was made on February 19, 1991. … As Martin is a police officer, his affidavit is entitled to a qualified immunity (see, Hunter v Bryant, 502 US 224, 227 ).