Case law

McLennon v. City of New York

171 F. Supp. 3d 69 · District Court, E.D. New York · Mar 18, 2016

“Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable … Given that “qualified immunity is not only a defense to liability, but also provides immunity from suit,” a court should resolve a “defendant’s entitlement to qualified immunity ...

Field Day, LLC v. County of Suffolk

799 F. Supp. 2d 205 · District Court, E.D. New York · Jun 28, 2011

“Government actors have qualified immunity to § 1983 claims ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bolmer v. … Thus, “[a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Levantino v. New York State Police

56 F. Supp. 3d 191 · District Court, E.D. New York · Nov 3, 2014

Of course, even in the absence of probable cause, a police officer is entitled to qualified immunity where “(1) [her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The defense will succeed only where entitlement to qualified immunity can be established “based [solely] on facts appearing on the face of the complaint.” McKenna v. Wright, 386 F.3d 432, 436 (2d Cir.2004).

Frederique v. County of Nassau

168 F. Supp. 3d 455 · District Court, E.D. New York · Mar 11, 2016

The doctrine of qualified immunity “protects government officials from suit if their conduct does not violate clearly *479 established statutory or constitutional rights of which a reasonable person would have known.” … A police officer is entitled to qualified immunity if he establishes “either that his conduct did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable

Olsen v. County of Nassau

615 F. Supp. 2d 35 · District Court, E.D. New York · May 7, 2009

Defendant Atchison is Not Entitled to Qualified Immunity Qualified immunity shields a government official sued in his individual capacity from “liability for civil damages insofar as [his] conduct does not violate clearly … Blue, 262 F.Supp.2d 90, 109 (S.D.N.Y.2003) (denying qualified immunity on plaintiffs § 1983 disparate treatment claim); see also Back, 365 F.3d at 130 (denying qualified immunity where it was possible that a jury could find

Lozada v. Weilminster

92 F. Supp. 3d 76 · District Court, E.D. New York · Mar 23, 2015

Section 1983 qualified immunity Plaintiff argues that Defendants are not entitled to qualified immunity because their actions violated well-established constitutional rights, and it was not objectively reasonable for Defendants … Reply Mem. 10-12.) 18 “A grant of qualified immunity allows public officials to be ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

McCloud v. Rosanne Kane of New York State Division of Parole

491 F. Supp. 2d 312 · District Court, E.D. New York · Jun 4, 2007

As to Qualified Immunity A government employee is entitled to qualified immunity under Section 1983 where “(1) [her] actions did not violate clearly established law, or (2) it was objectively reasonable for [her] to believe … Having failed to discuss this right, the Court finds that the defendant did not succeed in establishing that this right was not clearly established at the time she imposed the curfew on the plaintiff, or that it was objectively

Torraco v. Port Authority of New York & New Jersey

539 F. Supp. 2d 632 · District Court, E.D. New York · Mar 17, 2008

“Clearly Established” Rights and “Objective Reasonableness” Even if Mr. Torraco’s Constitutional rights were violated, Sgt. Goldberg’s decision to arrest him is protected by qualified immunity. That is because Mr. … More specifically, “if the right at issue was not clearly established by then existing precedent, then qualified immunity shields the defendant.” Walczyk, 496 F.3d at 154 (emphasis added).

Southerland v. City of New York

521 F. Supp. 2d 218 · District Court, E.D. New York · Oct 2, 2007

In general, public officials are entitled to qualified immunity if “(1) their conduct does not violate clearly established statutory or constitutional rights, or (2) it was objectively reasonable for them to believe their … In order to defeat a qualified immunity defense, the plaintiff “must allege a deprivation of an actual constitutional right clearly established at the time of the events in issue.” Id.

Hall v. Marshall

479 F. Supp. 2d 304 · District Court, E.D. New York · Mar 6, 2007

As for qualified immunity, governmental actors are entitled to qualified immunity from claims for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … whether a right is clearly established.”

Varrone v. Bilotti

867 F. Supp. 1145 · District Court, E.D. New York · Oct 6, 1994

The doctrine of qualified immunity shields officials from suit if a reasonable official could have believed his conduct “‘to be lawful, in light of clearly established law and the information [he] possessed.’ ” Hunter v. … on qualified immunity grounds.

Lehman v. Kornblau

134 F. Supp. 2d 281 · District Court, E.D. New York · Mar 8, 2001

. *295 Qualified immunity applies to the discretionary functions of state officials if their conduct does not violate “clearly established” statutory or constitutional rights of which “a reasonable person would have known … Thus, “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 violate

Lutz v. United States Postal Service

538 F. Supp. 1129 · District Court, E.D. New York · May 14, 1982

Nevertheless, the conclusion that a jurisdiction conferring statute provides a basis to hear a claim clearly does not end judicial inquiry and permit the litigation to continue unchecked. … and “provide .. . career opportunities that will assure the attraction and retention of qualified and capable supervisory and other managerial personnel.”

Wong v. Yoo

649 F. Supp. 2d 34 · District Court, E.D. New York · Aug 18, 2009

of qualified immunity. … medical condition was clearly established at the time.

Greenaway v. Cnty. of Nassau

327 F. Supp. 3d 552 · District Court, E.D. New York · Mar 31, 2018

Under law, a police officer is entitled to qualified immunity if his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Gonzalez v. … These arguments go to the second prong of the qualified immunity analysis-whether a law was clearly established at the time of the alleged wrongdoing.

Gusler v. City of Long Beach

823 F. Supp. 2d 98 · District Court, E.D. New York · Oct 3, 2011

Qualified Immunity Defendants argue that all of the individual Defendants are protected by the doctrine of qualified immunity. DE 22-2 at 22. … For a right to be “clearly established” for purposes of qualified immunity, “it is sufficient if decisions of the Supreme Court or of the appropriate circuit have defined the contours of the right with reasonable specificity

Frisenda v. INCORPORATED VILLAGE OF MALVERNE

775 F. Supp. 2d 486 · District Court, E.D. New York · Mar 31, 2011

Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them … judgment, summary judgment on qualified immunity is inappropriate.

Jean v. County Of Nassau

District Court, E.D. New York · Mar 16, 2020

N.Y. 2017) (“[A] police officer is entitled to qualified immunity where [ ] his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known ….”) … established, and Defendants are therefore entitled to qualified immunity on this claim” (internal citations omitted)).

Esposito v. Quatinez

2 F. Supp. 3d 406 · District Court, E.D. New York · Mar 5, 2014

“Government actors have qualified immunity to § 1983 claims ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bolmer v. … Thus, “[a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Pryor v. City of New York

704 F. Supp. 35 · District Court, E.D. New York · Jan 27, 1989

The Doctrine of Qualified Immunity “[A] government official performing discretionary functions is protected from personal liability to the extent that his 'conduct does not violate clearly established statutory or constitutional … Qualified immunity can be established in at least three ways.