Case law

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.

Oliver v. Cuttler

968 F. Supp. 83 · District Court, E.D. New York · May 24, 1997

Qualified immunity Government actors who perform discretionary functions are protected from liability for civil damages where their conduct does not violate a clearly established statutory or constitutional rights of which … Even where the plaintiffs rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a governmental actor if it was “objectively reasonable” for the actor to

Falk v. County of Suffolk

781 F. Supp. 146 · District Court, E.D. New York · Dec 24, 1991

Qualified Immunity All defendants have moved for summary judgment on all claims on the ground that they are protected by the doctrine of qualified immunity. … The phrase “clearly established statutory or constitutional rights” is dispositive here.

Sanseviro v. New York

158 F. Supp. 3d 131 · District Court, E.D. New York · Jan 25, 2016

Government officials exercising discretionary functions are entitled to qualified immunity in a § 1983 action “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Moreover, the individual County Defendants’ and Investigator Franke also assert the defense of qualified immunity.

Donovan v. INCORPORATION VILLAGE OF MALVERNE

547 F. Supp. 2d 210 · District Court, E.D. New York · Feb 19, 2008

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 … Applying the principles of qualified immunity to the facts, the plaintiff argues that there is a clearly established right to be free from retaliation for his exercise of free speech, and, as noted, a claim of retaliation

Banks v. Person

49 F. Supp. 2d 119 · District Court, E.D. New York · May 12, 1999

clearly established constitutional rights. … to qualified immunity.

Louis v. The City of New York

District Court, E.D. New York · Jan 13, 2025

Plaintiffs argue that qualified immunity should not apply here because “the right to be free from false arrest is clearly established.” Pls.’ City Opp’n 16. … The judicial doctrine of qualified immunity “protects government officials from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Seweid v. County of Nassau

District Court, E.D. New York · Feb 20, 2024

Here, Defendants argue Officer Schmitt is entitled to qualified immunity because it is not clearly established that the conduct alleged, if true, would violate the Eighth Amendment. (See Defs.’ Br. 16.) … Defendants rely heavily on district court decisions that do not constitute clearly established law for qualified immunity purposes.

Southerland v. Woo

44 F. Supp. 3d 264 · District Court, E.D. New York · Sep 10, 2014

Qualified Immunity A. … Qualified immunity applies if a government officer’s “action was ‘objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.’ ” Taravella v.

Ying Li v. City of New York

246 F. Supp. 3d 578 · District Court, E.D. New York · Mar 31, 2017

“Qualified immunity shields law enforcement officers from § 1983 claims for money damages provided that their conduct does not violate clearly established constitutional rights of which a reasonable person would have been … In short, “[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

Blake v. Race

487 F. Supp. 2d 187 · District Court, E.D. New York · Mar 29, 2007

In addition, Race is not entitled to qualified immunity on this claim on summary judgment. A theory of supervisory liability was clearly established at the time of the events underlying this case, see Meriwether v. … Defendants also argue that police officers’ Brady obligations were not clearly established in 1990, entitling defendants to qualified immunity.

Selkirk v. Boyle

738 F. Supp. 70 · District Court, E.D. New York · May 23, 1990

Qualified Immunity Civil Damages As a threshold matter the Court notes that qualified immunity is an issue only if the jury finds that Selkirk’s termination was politically motivated. … The doctrine of qualified immunity shields government officials from civil damages liability for discretionary acts performed in their official capacity so long as their actions did not violate clearly established statutory

Brown v. Stone

66 F. Supp. 2d 412 · District Court, E.D. New York · Aug 17, 1999

“Qualified immunity shields 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.’ ” Connell … “Even where a right is clearly established, an official is entitled to qualified immunity nevertheless if ‘it was objectively reasonable for the public official to believe that his acts did not violate th[at] right[ ].’”'

Wang v. State University of New York Health Sciences Center at Stony Brook

470 F. Supp. 2d 178 · District Court, E.D. New York · Feb 23, 2006

Qualified immunity “shields 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 … Schia-vone and Glass are entitled to qualified immunity. It was objectively reasonable for Drs. Sehiavone and Glass to believe that their acts did not violate any clearly established rights of Plaintiff.

Coggins v. County of Nassau

988 F. Supp. 2d 231 · District Court, E.D. New York · Dec 2, 2013

A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to state a claim of violation of clearly established law. … Qualified immunity shields 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.

Hickey-McAllister v. British Airways

978 F. Supp. 133 · District Court, E.D. New York · Sep 26, 1997

Anton further argues that he is entitled to qualified immunity with respect to the Bivens claim because plaintiff has not alleged the violation of a clearly established constitutional right. … Under the doctrine of qualified immunity, Anton is “shielded from liability for civil damages insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Celestin v. City of New York

581 F. Supp. 2d 420 · District Court, E.D. New York · Oct 14, 2008

Qualified immunity protects an official from liability where: “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was ‘objectively … violated a clearly established right.”

Rosen v. County of Suffolk, NY

305 F. Supp. 2d 229 · District Court, E.D. New York · Feb 25, 2004

As noted supra, however, even assuming the Plaintiffs claims make out a Fourth Amendment violation, Defendant Schreiber and the officers are clearly entitled to qualified immunity. … Generally, public officials 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 not

Soundview Associates v. Town of Riverhead

725 F. Supp. 2d 320 · District Court, E.D. New York · Jul 14, 2010

“Qualified immunity shields 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 … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (“The police officers in turn, are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them to believe

Genovese v. County of Suffolk

128 F. Supp. 3d 661 · District Court, E.D. New York · Sep 8, 2015

Qualified Immunity Defendants argue that Carlock is entitled to qualified immunity, because his belief that plaintiff had trespassed on the base was reasonable. … Even if a state actor deprives an individual of his constitutional rights, the doctrine of qualified immunity shields that government official from civil liability if his “conduct does not violate clearly established statutory