Case law

Jackson v. Tellado

236 F. Supp. 3d 636 · District Court, E.D. New York · Feb 15, 2017

was clearly established. … of force that violated clearly established law. b)Defendant Braumann The Court also denies qualified immunity to Defendant Braumann.

ESTATE OF ROSENBAUM BY PLOTKIN v. City of New York

975 F. Supp. 206 · District Court, E.D. New York · Aug 22, 1997

Was this Right Clearly Established? … This “clearly established” linchpin for determining the applicability of the qualified immunity defense transcends the viability of the § 1983 claim. See Gomez, 446 U.S. at 640 , 100 S.Ct. at 1923-1924 .

Harewood v. Braithwaite

64 F. Supp. 3d 384 · District Court, E.D. New York · Dec 5, 2014

Qualified Immunity Standards Qualified immunity protects government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Finding a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond de *400 bate.”

V.S. ex rel. T.S. v. Muhammad

581 F. Supp. 2d 365 · District Court, E.D. New York · Sep 30, 2008

The claim of qualified immunity on all federal claims Qualified immunity protects government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional … If the case were limited to these facts, the City defendants would seem to have a strong case for qualified immunity under the clearly established and clearly deferential standard of the Second Circuit.

Lonegan v. Hasty

436 F. Supp. 2d 419 · District Court, E.D. New York · Jun 22, 2006

Accordingly, Hasty’s entitlement to qualified immunity depends on whether those rights were clearly established at the time of the alleged violations. 5 See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . … Qualiñed Immunity To determine whether Hasty is entitled to qualified immunity with respect to plaintiffs’ Fourth Amendment claims, the court must now consider whether plaintiffs’ rights were clearly established at the time

Garcia v. Scoppetta

289 F. Supp. 2d 343 · District Court, E.D. New York · Nov 6, 2003

Qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “A defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to ‘state a claim of violation of clearly established law.’ ” McEvoy v.

Simon v. City of New York

247 F. Supp. 3d 285 · District Court, E.D. New York · Mar 30, 2017

Instead, “[e]ven if the right at issue was clearly established in certain respects, . ’.. an- officer is still entitled to qualified immunity if officers of reasonable competence could disagree on the legality of the action … An officer may also establish qualified immunity by showing that, “notwithstanding a violation of a clearly established constitutional right, it was objectively reasonable for him to believe his actions did not violate this

Zarkower v. City of New York

District Court, E.D. New York · May 21, 2020

The defendants argue that they are entitled to qualified immunity because the alleged conduct does not violate a clearly established right. I disagree. … Qualified Immunity “A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established

Ortiz v. Hasper

District Court, E.D. New York · Jan 12, 2022

When an official asserts a qualified immunity defense, courts consider whether “(1) the official violated a statutory or constitutional right, and (2) . . . the right was ‘clearly established … The difference is that “the qualified immunity inquiry goes on to ask whether any constitutional violation was clearly established.” Jackson v. Tellado, 236 F.

Chimelis v. County of Suffolk

District Court, E.D. New York · Feb 11, 2025

Qualified Immunity Government actors may invoke qualified immunity to shield themselves from liability for civil damages “‘when [their] conduct does not violate clearly … Qualified Immunity Police Defendants then assert qualified immunity for Plaintiff’s excessive force claim because they contend that there is no “clearly established law

Baron v. Lissade

District Court, E.D. New York · Sep 27, 2021

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S. … Because there is no clearly established law on this circuit that fabrication of evidence during an administrative bench trial ever violates the Constitution, defendants are entitled to qualified immunity.

Carthew v. County of Suffolk

709 F. Supp. 2d 188 · District Court, E.D. New York · May 6, 2010

Thus, qualified immunity is warranted. … The doctrine of qualified immunity shields government officials from civil liability if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

J.E. ex rel. Edwards v. Center Moriches Union Free School District

898 F. Supp. 2d 516 · District Court, E.D. New York · Sep 22, 2012

Defendants Qualified Immunity Defense Defendants argue that the individual defendants are all protected by the qualified immunity defense. … “The qualified immunity doctrine shields governmental officials performing discretionary functions from liability for *559 civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional

Lopez v. Stanford

District Court, E.D. New York · Nov 24, 2020

While the defense of qualified immunity may be asserted on a Rule 12(b)(6) motion, “the complaint itself [must] establish[] the circumstances required as a predicate to a finding of qualified immunity.” McKenna v. … The Court finds that Plaintiff’s rights were not clearly established under Packingham and that Defendants are therefore entitled to qualified immunity.

Capogrosso v. Gelbstein

District Court, E.D. New York · Sep 25, 2019

Eighth, Judge Bloom recommended that the Court deny the motion to dismiss on qualified immunity grounds because the State Defendants “fail to articulate the ‘clearly established right’ upon which they base their qualified … Qualified Immunity “Qualified immunity protects officers from suit so long as ‘their conduct does not violate clearly established statutory or constitutional rights of which

Farag v. United States

587 F. Supp. 2d 436 · District Court, E.D. New York · Nov 24, 2008

the defense of qualified immunity, which “shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did

Turkmen v. Ashcroft

915 F. Supp. 2d 314 · District Court, E.D. New York · Jan 15, 2013

Qualified Immunity The allegations against the MDC defendants state a violation of clearly established Fourth Amendment law. … Qualified Immunity Defendants also suggest that they are entitled to qualified immunity because in 2001 it was not clearly established that Section 1985 applied to federal officials.

Martinez v. City of New York

District Court, E.D. New York · Jul 19, 2023

Defendants further argued that they are entitled to qualified immunity on this claim, both because there exists no clearly established law that a failure to provide medical attention for Plaintiff’s asserted injury rises … The relevant case law need not be factually identical to the case at issue in order to be “clearly established” for purposes of qualified immunity, and officials “can still be on notice that their conduct violates established

Young v. Suffolk County

922 F. Supp. 2d 368 · District Court, E.D. New York · Feb 11, 2013

Young lacked apparent authority to consent to Delgado’s entry, Delgado is shielded from Section 1983 liability by the doctrine of qualified immunity. … City of Hobbs, 90 F.Supp.2d 1313, 1320 (D.N.M.2000) (police had qualified immunity on claim that caretaker had apparent authority to authorize search of common areas of the house). .

Adedeji v. Hoder

935 F. Supp. 2d 557 · District Court, E.D. New York · Mar 27, 2013

Qualified immunity protects government officials from . civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … (2) “whether the right at -issue was ‘clearly established’ at the time of defendant’s alleged ¿misconduct.” .