Case law

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)).

Jackson v. City of New York

939 F. Supp. 2d 219 · District Court, E.D. New York · Apr 16, 2013

Qualified Immunity “The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional … Accordingly, Defendants are not entitled to qualified immunity against Plaintiffs surviving causes of action. H.

Chandie v. Whelan

21 F. Supp. 2d 170 · District Court, E.D. New York · Sep 3, 1998

“The right to be free of excessive force is clearly established. That there are constitutional limitations on the use of deadly force ... is also clearly established.” Salim v. … Fitzgerald, 457 U.S. 800, 817-818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982)). 2 The standard for establishing a defense of qualified immunity is not in dispute: “A qualified immunity defense is established if a) the defendant

Breitkopf v. Gentile

41 F. Supp. 3d 220 · District Court, E.D. New York · Aug 29, 2014

Qualified Immunity Standard According to the Second Circuit, qualified immunity shields a government official from liability for civil damages if the official’s “conduct did not violate plaintiff’s clearly established rights … violate clearly established law.”

Signorile by and Through Signorile v. City of NY

887 F. Supp. 403 · District Court, E.D. New York · Apr 6, 1995

Qualified Immunity A. … Qualified immunity shields police officers from personal liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Walker v. Raja

District Court, E.D. New York · Feb 7, 2020

Qualified Immunity Qualified immunity protects government officials from liability for civil damages “if their conduct does not violate clearly established statutory … their qualified immunity.

Crews v. County of Nassau

996 F. Supp. 2d 186 · District Court, E.D. New York · Feb 11, 2014

Qualified Immunity The County defendants also argue that they are entitled to qualified immunity. The Court disagrees. … Lemma did not argue for qualified immunity.

Sarf v. Town of Huntington

702 F. Supp. 395 · District Court, E.D. New York · Dec 14, 1988

Qualified Immunity The Second Circuit has recently set forth the general principles regarding when a state official is entitled to a qualified immunity from suit: It is settled that “government officials performing discretionary … ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Cortes v. City of New York

148 F. Supp. 3d 248 · District Court, E.D. New York · Dec 2, 2015

Qualified immunity, sometimes referred to as “arguable probable cause,” will “shield[] public officials performing discretionary functions from civil liability- insofar as their conduct does not violate clearly established … Thus, at the very least, plaintiffs literal violation of the statutes entitles Reich to qualified immunity.

Feliciano v. County of Suffolk

419 F. Supp. 2d 302 · District Court, E.D. New York · Sep 27, 2005

Qualified immunity shields government officials from civil liability resulting from the performance of their discretionary functions only where their conduct “does not violate clearly established statutory or constitutional … In order to establish entitlement to qualified immunity, Defendants must demonstrate that: (1) their actions did not clearly violate Plaintiffs’ constitutional rights, or (2) it was objectively reasonable for them to believe

Scott v. The City Of New York

District Court, E.D. New York · Jan 14, 2020

Further, the doctrine of qualified immunity bars § 1983 claims against public officials where either “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant … Aug. 29, 2018) (holding that right to privacy in one’s unclothed body is clearly established and denying qualified immunity where officers made plaintiff stand in the nude for several hours).

Hiller v. County of Suffolk

81 F. Supp. 2d 420 · District Court, E.D. New York · Jan 21, 2000

State, 72 N.Y.2d 212 , 532 N.Y.S.2d 57 , 527 N.E.2d 1194 (1988), which articulated a distinction between absolute and qualified immunity for a public official’s discretionary acts: Whether an action receives only qualified … This case thus presents precisely the type of situation in which qualified immunity ought to apply.

Strong v. Board of Education of the Uniondale Union Free School District

789 F. Supp. 99 · District Court, E.D. New York · May 1, 1991

The defense of qualified immunity may arise in different contexts. … Even when a plaintiffs federal rights are so clearly defined that a reasonable public official would know that his actions might violate those rights, qualified or good faith immunity might still be available as a bar to

Weiner v. McKeefery

90 F. Supp. 3d 17 · District Court, E.D. New York · Mar 11, 2015

Applicable Law 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 … Relevant to this case, an arresting officer is entitled to qualified immunity on claims of false arrest and malicious prosecution if either: (a) “his conduct does not violate clearly established statutory or constitutional

Nelson v. Hernandez

524 F. Supp. 2d 212 · District Court, E.D. New York · Dec 11, 2007

Qualified Immunity Even if defendants committed the Fourth Amendment violations Nelson claims they did, they would be “entitled to qualified immunity if either (1) [their] actions did not violate clearly established law or … Where reasonably competent officials could disagree as to whether the conduct at issue would violate clearly established rights, the immunity defense is available. Malley v.

Nwaokocha v. Sadowski

369 F. Supp. 2d 362 · District Court, E.D. New York · May 17, 2005

Qualified “The doctrine of qualified immunity protects government officials [in their individual capacities] from suits for money damages where ‘their conduct does not violate clearly established statutory or constitutional … Third, the defendants are entitled to qualified immunity, since their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Doe v. County of Suffolks

494 F. Supp. 179 · District Court, E.D. New York · Jul 14, 1980

Plaintiff disagrees and argues that the only immunity available to defendant Altman is the qualified good faith defense defined by the Supreme Court in Scheuer v. … Most other public officials may claim a qualified, good faith immunity. Absolute immunity is intended to protect defendants from the burden even of defending a lawsuit..

Siani v. State University of New York at Farmingdale

7 F. Supp. 3d 304 · District Court, E.D. New York · Mar 28, 2014

When considering a claim of qualified immunity, courts ask first whether there was a violation of a clearly established constitutional right. Id. at 706 . … Therefore, the alleged violations of the by-laws do not implicate a clearly established right, and the procedural due process claims are dismissed on the basis of qualified immunity. iv.

Cathedral Church of the Intercessor v. Incorporated Village of Malverne

353 F. Supp. 2d 375 · District Court, E.D. New York · Jan 25, 2005

The qualified immunity defense protects government officials from civil liability arising from the performance of their discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … concerning qualified immunity”).

Pace v. Town of Southampton

678 F. Supp. 2d 79 · District Court, E.D. New York · Jan 13, 2010

In the alternative, the Defendants argue that Officer Vecchio is shielded from liability based upon qualified immunity. 1. … Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which