Case law

Williams v. State University of New York

635 F. Supp. 1243 · District Court, E.D. New York · May 15, 1986

Rule 3 of the Federal Rules of Civil Procedure clearly and succinctly indicates that “a civil action is commenced by filing a complaint with the court.” … Here, plaintiff has shown to the Court’s satisfaction that she is a member of a racial minority, that she applied for the deputy director of nursing position for which she allegedly was qualified and that she was qualified

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.

Fahle v. Braslow

913 F. Supp. 145 · District Court, E.D. New York · Jan 29, 1996

Braslow claims that he is immune from the plaintiffs civil suit in his individual capacity under the doctrine of qualified immunity. … The doctrine of qualified immunity protects government officials performing discretionary functions from civil liability insofar as their conduct does not violate a clearly established constitutional right. Harlow v.

Garmhausen v. Holder

757 F. Supp. 2d 123 · District Court, E.D. New York · Dec 3, 2010

“At the motion to dismiss stage of a civil damages action, a defendant is entitled to the shield of qualified immunity if the allegations of the complaint fail to state a claim that his conduct violated ‘clearly established … McCarthy is entitled to qualified immunity with respect this alleged communication because the allegations fail to state a claim that this conduct violated a clearly established statutory or constitutional right, especially

Scott v. Goodman

961 F. Supp. 424 · District Court, E.D. New York · Mar 28, 1997

As the Second Circuit explained: The doctrine of qualified immunity shields state officials from liability for damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable … See Jermosen, 945 F.2d at 552 (where right in question was not clearly established and could not reasonably have been anticipated, complaint was dismissed on ground of qualified immunity); see also White Plains Towing, 991

Mauro v. Cuomo

District Court, E.D. New York · Mar 8, 2023

Plaintiffs respond that the qualified immunity defense does not apply here because the individual Defendants knowingly violated clearly established law. ECF No. 58 at 27–32. … Nevertheless, “even where the law is clearly established and the scope of an official’s permissible conduct is clearly defined, the qualified immunity defense also protects an official if it was objectively reasonable for

Carson v. Lewis

35 F. Supp. 2d 250 · District Court, E.D. New York · Feb 4, 1999

qualified immunity. … Public officials are entitled to qualified immunity from liability for damages as long as their conduct does not violate clearly established statutory or constitutional rights, Harlow v.

Norton v. Town of Islip

97 F. Supp. 3d 241 · District Court, E.D. New York · Mar 31, 2015

’s personal involvement, and qualified immunity for all four defendants. … for an arrest on the qualified immunity side.”

Barrella v. Village of Freeport

43 F. Supp. 3d 136 · District Court, E.D. New York · Aug 28, 2014

And as far as qualified immunity is concerned, this is certainly a discrimination case which is classic of a violation of a clearly established constitutional and statutory right. … “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

Hartry v. County of Suffolk

755 F. Supp. 2d 422 · District Court, E.D. New York · Dec 15, 2010

“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it … Therefore the Court must deny the Defendants’ motion for summary judgment based on qualified immunity. E.

United States v. City of New York

683 F. Supp. 2d 225 · District Court, E.D. New York · Jan 13, 2010

Federal Claims: Qualified Immunity The federal doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … An official’s entitlement to qualified immunity is, at root, an objective question of legal notice: “[t]he relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to

Gonzalez v. Narcato

363 F. Supp. 2d 486 · District Court, E.D. New York · Mar 24, 2005

Qualified Immunity Plaintiff fails to establish that any of the defendants violated his constitutional rights. … Defendants are entitled to qualified immunity if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendants to believe that their action did their not

Millar v. Ojima

354 F. Supp. 2d 220 · District Court, E.D. New York · Jan 28, 2005

QUALIFIED IMMUNITY A defendant that presents a qualified immunity defense in a 12(c) motion faces a “formidable hurdle.” McKenna v. Wright, 386 F.3d 432, 434 (2d Cir.2004). … In analyzing whether a public official is entitled to qualified immunity, the Court looks at whether the conduct complained of violated “ ‘clearly established statutory or constitutional rights of which a reasonable person

Martin v. County of Nassau

692 F. Supp. 2d 282 · District Court, E.D. New York · Mar 12, 2010

In opposition, the defendants contend that these causes of action are precluded by DeCaro’s qualified immunity. … When analyzing qualified immunity in the context of a suit for damages based on an arrest allegedly without probable cause, a police officer is immune from such suit “ ‘if either (a) it was objectively reasonable for the

City of New York v. Beretta U.S.A. Corp.

234 F.R.D. 46 · District Court, E.D. New York · Mar 7, 2006

Orders rejecting absolute and qualified immunity of a government official, Eleventh Amendment immunity of a state, or the double jeopardy of a defendant fall within the circle. Id. … Here, likewise, defendants claim immunity based on a statute — the PLCAA — and analogize it to qualified immunity. But here, as in Hallock , the analogy is inapposite.

Ostensen v. Suffolk County

378 F. Supp. 2d 140 · District Court, E.D. New York · Jul 18, 2005

Qualified immunity “shields government officials from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established statutory or constitutional … the Plaintiffs clearly established rights.

Espinoza v. City of New York

194 F. Supp. 3d 203 · District Court, E.D. New York · Jul 6, 2016

. § 1983 , state law claims against the individual Defendants, and qualified immunity. … Qualified Immunity ■ Defendants assert that Perrone, Riker, and Loesch are entitled to qualified immunity.

Breitbard v. Mitchell

390 F. Supp. 2d 237 · District Court, E.D. New York · Sep 14, 2005

Qualified Immunity Defendants contend that they are entitled to qualified immunity on all of plaintiffs claims. … Determining whether an official is entitled to qualified immunity requires a two part analysis.

Petrucelli v. Hasty

605 F. Supp. 2d 410 · District Court, E.D. New York · Mar 25, 2009

A defendant is “entitled to qualified immunity if either (1) his actions did not violate clearly established law or (2) it was objectively unreasonable for him to believe that his actions did not violate clearly established … Id at 167 (explaining that Iqbal’s procedural due process right “was not clearly established with the level of specificity that is required to defeat a qualified immunity defense.”).

Wallace v. Suffolk County Police Department

396 F. Supp. 2d 251 · District Court, E.D. New York · Feb 15, 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, the Defendants must demonstrate that either: (1) their actions did not clearly violate Plaintiffs First Amendment rights, or (2) it was objectively reasonable for them