Case law

Harris v. County of Nassau

581 F. Supp. 2d 351 · District Court, E.D. New York · Sep 29, 2008

Qualified Immunity In addition to arguing that probable cause bars the false arrest and false imprisonment claims, the arresting officers argue that the claims against them are barred by qualified immunity. … Qualified immunity bars an action against a government official where the conduct alleged “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Ostroski v. Town of Southold

443 F. Supp. 2d 325 · District Court, E.D. New York · Jul 21, 2006

conviction to the extent they have relevance to the qualified immunity issue relating to the obstruction charge. … Katz, 533 U.S. 194 , 206, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), but the violation of a clearly established right for which qualified immunity is unavailable.

Matican v. City of New York

424 F. Supp. 2d 497 · District Court, E.D. New York · Mar 28, 2006

to qualified immunity. … Governmental actors are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Kia P. v. McIntyre

2 F. Supp. 2d 281 · District Court, E.D. New York · Apr 15, 1998

to have occurred or by virtue of the doctrine of qualified immunity. … clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Wilder v. Village of Amityville

288 F. Supp. 2d 341 · District Court, E.D. New York · Oct 30, 2003

the additional grounds of their qualified immunity from such suits. … Police officers accused of the use of excessive force, who do not violate clearly established constitutional or statutory rights which they may reasonably be expected to be aware of, are protected by a qualified immunity

Electrical Inspectors, Inc. v. New York Board of Fire Underwriters

145 F. Supp. 2d 271 · District Court, E.D. New York · Mar 30, 2001

Rather, a municipality will be immune from federal antitrust laws only if it acts “as an instrumentality of the state, through which the state has clearly and affirmatively chosen to implement its policies.” … Thus, when a municipality asserts state action immunity, it must identify a “clearly expressed state policy” that authorizes its anticom-petitive actions. Town of Hallie v.

Khan v. Ryan

145 F. Supp. 2d 280 · District Court, E.D. New York · Apr 10, 2001

Qualified Immunity Defendant officers may be qualifiedly immune from liability under section 1983 if “1) their actions did not violate clearly established law, or 2) it was objectively reasonable for them to believe that … Qualified immunity protects government officials performing discretionary functions from liability for civil damages when their conduct does not violate any clearly established statutory or constitutional rights of which

Bennett v. Town of Riverhead

940 F. Supp. 481 · District Court, E.D. New York · Jul 11, 1996

First, a defendant may enjoy qualified immunity if the right asserted by the plaintiff was not clearly established at the time of the alleged violation. … Finally, qualified immunity may be found if it was objectively reasonable for the public official to believe the acts in question did not violate clearly established rights.

Tenenbaum Ex Rel. Tenenbaum v. Williams

862 F. Supp. 962 · District Court, E.D. New York · Sep 30, 1994

Qualified Immunity The individual defendants James, Williams, Flowers and Trent will be entitled to immunity if they can show that (1) “it was not clear at the time of the official acts that the interest asserted by the plaintiff … However, as also discussed supra, the application of the Fourth Amendment to child abuse investigations was insufficiently established at the time of defendants’ investigation to overcome their defense of qualified immunity

Bove v. Kennedy

899 F. Supp. 114 · District Court, E.D. New York · Sep 18, 1995

DISCUSSION The law governing the application of qualified immunity to claims of false arrest was clearly set forth by the Second Circuit in Golino v. … .-, 112 S.Ct. 3032 , 120 L.Ed.2d 902 (1992): The qualified or “good faith” immunity enjoyed by police officers shields them from personal liability for damages “insofar as their conduct does not violate clearly established

D.F. ex rel. Finkle v. Board of Education of Syosset Central School District

386 F. Supp. 2d 119 · District Court, E.D. New York · Sep 12, 2005

Qualified Immunity Defendants argue that even if their actions violated Plaintiffs Constitutional or State law rights, Defendants are protected from liability by qualified immunity. … The doctrine of qualified immunity shields school officials from liability for damages where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Webb v. Goldstein

117 F. Supp. 2d 289 · District Court, E.D. New York · Sep 29, 2000

June 30, 2000) (granting defendants qualified immunity on grounds that plaintiff-inmate’s privacy challenge to state’s disclosure of his HIV status was not a clearly established right before the Circuit’s decision in Powell … still have to dismiss the claim on grounds of qualified immunity since no right to privacy under these circumstances was so “clearly established” in 1995 that defendants should reasonably have understood that their conduct

Storck v. Suffolk County Department of Social Services

62 F. Supp. 2d 927 · District Court, E.D. New York · Aug 11, 1999

Qualified immunity shields individuals from liability if their conduct did not violate clearly established constitutional rights and it was objectively reasonable for them to have believed that their conduct did not violate … Qualified immunity applies if it was objectively reasonable for the defendant to believe that her actions did not violate a clearly established federally protected right. Id.

Stein v. County of Nassau

642 F. Supp. 2d 135 · District Court, E.D. New York · Jul 23, 2009

To establish qualified immunity, defendants must “show either that their conduct did not violate clearly established rights of which a reasonable person would have known, or that it was objectively reasonable to believe that … Stein’s health care agent, the Individual Defendants did not violate any “clearly established law,” and are thus entitled to qualified immunity. See Sajford Unified School Dist. No. 1 v.

Genovese v. Town of Southampton

921 F. Supp. 2d 8 · District Court, E.D. New York · Feb 1, 2013

Even if a state actor deprives an individual of their constitutional rights, the doctrine of qualified immunity shields government officials from civil liability if their “conduct does not violate clearly established statutory … Thus, Iberger would be entitled to qualified immunity because, even assuming arguendo that defendants’ actions were unreasonable under current law, “qualified immunity protects officers from the sometimes hazy border between

Williams v. Suffolk Cnty.

284 F. Supp. 3d 275 · District Court, E.D. New York · Feb 12, 2018

The Defendants have the burden of establishing qualified immunity. Garcia , 779 F.3d at 92 ; Vincent v. Yelich, 718 F.3d 157 , 166 (2d Cir. 2013) ; see also Tellier v. … As " 'arguable probable cause' will suffice to confer qualified immunity for the arrest," Escalera v.

Gil v. County of Suffolk

590 F. Supp. 2d 360 · District Court, E.D. New York · Nov 6, 2008

Qualified Immunity Defense Alternatively, defendants argue that Gil’s false arrest and malicious prosecution claims are barred by qualified immunity. … Qualified immunity bars an action against a government official performing discretionary functions where the conduct alleged “ ‘does not violate clearly established statutory or constitutional rights of which a reasonable

X-Men Security, Inc. v. Pataki

983 F. Supp. 101 · District Court, E.D. New York · Oct 29, 1997

Even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate those … Even if the rights in question are not clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

P.A. v. City of New York

44 F. Supp. 3d 287 · District Court, E.D. New York · Sep 11, 2014

Qualified Immunity “[Qualified immunity shields government employees acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their conduct violated clearly established rights of which an objectively … Vincent’s employees should be protected by qualified immunity, since, if the jury finds that their conduct was illegal, it violated clearly established rights of which a reasonable official would have known.

Gros v. Port Washington Police District

944 F. Supp. 1072 · District Court, E.D. New York · Oct 26, 1996

doctrine of qualified immunity. … Qualified immunity The individual defendants further move for judgment as a matter of law on the ground of qualified immunity.