Case law

Johnson v. United States

680 F. Supp. 508 · District Court, E.D. New York · Jul 28, 1987

must still be dismissed because they are barred by the doctrine of qualified immunity. … Qualified immunity protects government officials from suit for discretionary actions within the scope of duty unless the official knew or should have known his actions clearly violated constitutional rights. Harlow v.

Tretola v. County of Nassau

14 F. Supp. 3d 58 · District Court, E.D. New York · Apr 16, 2014

Transit Authority provides the following overview of qualified immunity: The doctrine of qualified or good faith immunity shields police officers from being subject to personal liability for damages. … reach the issue of qualified immunity.

Caldwell v. Pesce

83 F. Supp. 3d 472 · District Court, E.D. New York · Feb 3, 2015

Judicial Immunity Defendants Presiding Justice Pesce, Justices Weston and Solomon, and Chief Clerk Kenny 5 are entitled to absolute judicial immunity. *483 In determining whether absolute immunity or qualified immunity applies … Fitzgerald, 457 U.S. 800, 815-19 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (allegations of malice are insufficient to overcome qualified immunity); Pierson v.

Anilao v. Spota

340 F. Supp. 3d 224 · District Court, E.D. New York · Nov 28, 2018

If absolute immunity does not apply, government actors may be shielded from liability for civil damages by qualified immunity, i.e. , if their "conduct did not violate plaintiff's clearly established rights, or if it would … App'x at 401 ("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 that their actions did not violate

Pietri v. N.Y.S. Office of Court Administration

936 F. Supp. 2d 120 · District Court, E.D. New York · Mar 28, 2013

Imperatrice and Pfau argue that they are entitled to qualified immunity. … Generally, public officials are entitled to qualified immunity if (1) "their conduct does not violate clearly established constitutional rights of which a reasonable person would have known,” or (2) "it was objectively reasonable

Brenes v. City of New York

733 F. Supp. 2d 357 · District Court, E.D. New York · Aug 5, 2010

“A government official is entitled to qualified immunity from suit for actions taken as a government official if ... the official’s action was objectively legally reasonable in light of the legal rules that were clearly established … Defendants’ Motion as it relates to qualified immunity will therefore be denied. II.

Wasserman v. City of New York

802 F. Supp. 849 · District Court, E.D. New York · Oct 8, 1992

Qualified governmental immunity under New York law Under well-established New York Law, municipalities and other governmental entities are entitled to qualified immunity from liability for reasoned highway planning decisions … An examination of cases in which liability was established reveals two main scenarios exempted from the immunity rule.

Merzon v. County of Suffolk

767 F. Supp. 432 · District Court, E.D. New York · Jun 17, 1991

The Court finds that the defense of qualified immunity has been sustained. Under the facts found by the Court, the defendant Emanuele did not violate clearly established federal law. … Therefore, the defense of qualified immunity has been established. 4.

Sundbye v. Ogunleye

3 F. Supp. 2d 254 · District Court, E.D. New York · Feb 3, 1998

Qualified Immunity The standard applicable to claims of qualified immunity is well-settled. … not violate clearly established federally protected rights.”

Taylor v. Brentwood Union Free School District

908 F. Supp. 1165 · District Court, E.D. New York · Dec 2, 1995

Townley and Caramore move to dismiss the cause of action against them on the basis of absolute immunity, qualified immunity, collateral es-toppel and failure allege sufficient facts to state a claim. … Coughlin, 50 F.3d 114, 116 (2d Cir.1995) (distinguishing absolute immunity from qualified immunity which protects government officials from civil suit if the official did not violate a clearly established right that a reasonable

Messina v. Mazzeo

854 F. Supp. 116 · District Court, E.D. New York · May 24, 1994

Qualified immunity grants an official an entitlement not to stand trial or face the other burdens of litigation so long as the official did not violate clearly established federal law. Mitchell v. … to qualified immunity.”).

Levine v. McCabe

357 F. Supp. 2d 608 · District Court, E.D. New York · Feb 23, 2005

The key question is whether the New York system for selecting qualified individuals is rationally related to the legitimate objective of having such qualified individuals serve. … However, his claims and supporting submissions clearly sound in the latter, and will be analyzed as such.

Zhiwen Chen v. County of Suffolk

927 F. Supp. 2d 58 · District Court, E.D. New York · Mar 7, 2013

’s prior procedures on issues of qualified immunity.” … At numerous precharge conferences, questions of whether qualified immunity was available and whether qualified immunity should be charged to the jury were discussed. Id. at 73 .

Eisenberg v. District Attorney of County of Kings

847 F. Supp. 1029 · District Court, E.D. New York · Apr 1, 1994

While these provisions, read together, establish that the county attorney routinely is responsible for the defense of the district attorney, they clearly do not in all cases prohibit the district attorney from defending himself … To the extent that a state official is sued for damages under § 1983 in his or her individual capacity, he or she may be entitled to absolute or qualified immunity— but not to Eleventh Amendment immunity— depending largely

Hardy v. City of New York

732 F. Supp. 2d 112 · District Court, E.D. New York · Aug 12, 2010

State defendants present similar arguments to City defendants, and add arguments that: (1) defendants are entitled to qualified immunity because Hardy’s claims do not touch upon clearly established federal rights; (2) Hardy … “Government 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.’ ” Okin v.

Yanez v. City of New York

29 F. Supp. 2d 100 · District Court, E.D. New York · Nov 6, 1998

basis of qualified immunity. … Although a denial of immunity on a motion for summary judgment may be immediately appealable, pretrial resolution of the qualified immunity defense may be defeated by a factual dispute. Id.

Favors v. Cuomo

285 F.R.D. 187 · District Court, E.D. New York · Aug 10, 2012

Waiver Having established the qualified nature of the legislative privilege, the Court turns to a threshold issue raised by the parties: whether the legislative privilege has been waived. … And, as stated above, the fact that the legislators here have declined to assert legislative immunity weakens their claims of qualified privilege.

O'Malley v. New York City Transit Authority

829 F. Supp. 50 · District Court, E.D. New York · Aug 11, 1993

Winston argues that she is protected by the doctrine of qualified immunity for executing Friedus’ order to discharge O’Malley. Winston is not immune from suit merely because she followed Friedus’ orders. Raysor v. … Nor is she entitled to qualified immunity through the erroneous assertion that the applicable law concerning a public employee’s First Amendment rights was not clearly established at the time of O’Malley’s discharge.

Swinton v. City of New York

785 F. Supp. 2d 3 · District Court, E.D. New York · Mar 28, 2011

Consistent with established precedent, the parties agree that Detective Barry (along with other unnamed police officers) is entitled to qualified immunity, which “protects officials from liability for civil damages as long … as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Castro v. County of Nassau

739 F. Supp. 2d 153 · District Court, E.D. New York · Sep 13, 2010

qualified immunity on the malicious prosecution and false arrest claims. … 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.