Case law

Finkle v. BOARD OF EDUC. OF SYOSSET CENT. SCHOOL

386 F. Supp. 2d 119 · District Court, E.D. New York · Sep 12, 2005

Qualified Immunity Defendants argue that even if their actions violated Plaintiff's Constitutional or State law rights, Defendants are protected from liability by qualified immunity. … The doctrine of qualified immunity shields school officials from liability for damages where "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Jackson v. Tellado

295 F. Supp. 3d 164 · District Court, E.D. New York · Mar 22, 2018

On February 15, 2017, the Court issued its decision on Defendants' qualified immunity motion, which resulted in the granting of qualified immunity as to certain Defendants on the false arrest verdicts. ( See Dkt. 111.) … its qualified immunity determinations following the verdict in Plaintiff's favor.

Harley Ex Rel. Johnson v. City of New York

36 F. Supp. 2d 136 · District Court, E.D. New York · Feb 4, 1999

acts did not violate clearly established federally protected rights. … For the same reasons, even if plaintiffs could establish that it was actually Cox and Byers who are properly viewed as the decision-makers, they are entitled to qualified immunity because, in light of the above, reasonable

Griffin v. City of New York

880 F. Supp. 2d 384 · District Court, E.D. New York · Jul 31, 2012

Defendants’ lone argument in favor of qualified immunity is that “lodging a complaint about a fellow member of service is certainly not a ‘clearly established’ First Amendment right such that it ‘would be clear’ to the Individual … As the Second Circuit recently cautioned, however, the “clearly established law” “standard must not be so specific that qualified immunity could be overcome only if the very action in question has previously been held unlawful

Bartels v. Incorporated Village of Lloyd Harbor

97 F. Supp. 3d 198 · District Court, E.D. New York · Mar 31, 2015

Qualified Immunity The individually named defendants assert that principals of qualified immunity further support the dismissal of plaintiffs claims against them. … “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 a reasonable person

Mistretta v. Prokesch

5 F. Supp. 2d 128 · District Court, E.D. New York · May 12, 1998

Qualified Immunity “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 … is already in the home, Payton is inapplicable; and (3) he is protected by qualified immunity.

Wang v. STATE UNIVERSITY OF NY

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 … Schiavone and Glass are entitled to qualified immunity. It was objectively reasonable for Drs. Schiavone and Glass to believe that their acts did not violate any clearly established rights of Plaintiff.

Orange v. County of Suffolk

830 F. Supp. 701 · District Court, E.D. New York · Sep 13, 1993

White, 484 U.S. 219 , 108 S.Ct. 538 , 98 L.Ed.2d 555 (1988), supports their position that local legislators are entitled to only qualified immunity. … This Court finds that under the required functional analysis test, Gaffney’s act in signing the Resolution was clearly legislative in nature. Therefore he is entitled to absolute legislative immunity. D.

HARGROVES v. City of New York

694 F. Supp. 2d 198 · District Court, E.D. New York · Mar 4, 2010

Qualified immunity Under the qualified-immunity doctrine, Defendants can avoid liability even if there are material questions of fact as to probable cause. Brewton, 550 F.Supp.2d at 367 . … Following these decisions, discovery proceeded solely with respect to the question of qualified immunity. {See id. at 12.)

Dietz v. Damas

932 F. Supp. 431 · District Court, E.D. New York · Jul 11, 1996

In terms of qualified immunity for the City individual defendants in connection with the delay in providing a hearing, it is clear that their “conduct [did not] violate clearly established statutory or constitutional rights … If the outcome of the analysis is that no such right was violated, in the alternative, no clearly established right was violated and summary judgment should be granted on the basis of qualified immunity- And, if no constitutional

Slack v. County of Suffolk

50 F. Supp. 3d 254 · District Court, E.D. New York · Sep 20, 2014

However, “[t]he burden of raising and establishing the affirmative defense of qualified immunity ... rests on the [Defendants.” Sabir v. Jowett, 214 F.Supp.2d 226, 240 (D.Conn.2002) (citing Lee v. … existed here, there can be no qualified immunity.

Wilson v. City of New York

800 F. Supp. 1098 · District Court, E.D. New York · Sep 4, 1992

Clifford’s Defense of Qualified Immunity. … The record fails to establish that Clifford is entitled to qualified immunity. III. In addition to stating claims under section 1983, the complaint invokes 42 U.S.C. §§ 1985 , 1986.

McKnight v. Middleton

699 F. Supp. 2d 507 · District Court, E.D. New York · Mar 29, 2010

On one hand; where a court clerk performs “ministerial, non-judicial duties,” or “purely administrative tasks,” only qualified, good faith immunity attaches. Isasi v. … .; see also Snell, 920 F.2d at 692 n. 18 (only qualified immunity will apply when actions are “further removed from the judicial process and are not initiated by courts”).

Payne v. Huntington Union Free School District

101 F. Supp. 2d 116 · District Court, E.D. New York · Jun 13, 2000

Defendants also move to dismiss the complaint against the individual defendants, asserting a qualified immunity defense. Plaintiff Kathleen M. Payne (“Payne”) opposes the motion. … See Charles W., 214 F.3d 350 (pointing out that the court first must address the sufficiency of the pleading of a constitutional violation prior to deliberating over the qualified immunity defense).

LaFlamme v. Societe Air France

702 F. Supp. 2d 136 · District Court, E.D. New York · Apr 5, 2010

Further, the Second Circuit has noted that it has allowed a qualified immunity defense to be "successfully asserted in a Rule 12(b)(6) motion on at least two occasions" where "the complaint itself established the circumstances … required as a predicate to a finding of qualified immunity."

Pisello v. Town of Brookhaven

933 F. Supp. 202 · District Court, E.D. New York · Jul 10, 1996

Under the doctrine of qualified immunity “public officials are immune from § 1983 civil rights suits brought by an aggrieved citizen when their ‘conduct does not violate clearly established statutory or constitutional rights … Even if the right is clearly established, a defendant may still be entitled to qualified immunity where it was objectively reasonable for the official to believe that his acts did not violate that right. Jemmott v.

Jenkins v. City of New York

472 F. Supp. 2d 275 · District Court, E.D. New York · Dec 8, 2005

Police officers 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 those … Miller, 66 F.3d 416, 423 (2d Cir.1995) (constitutional right not to be arrested without probable cause is clearly established).

Marino v. City University of New York

18 F. Supp. 3d 320 · District Court, E.D. New York · May 9, 2014

Although the Eleventh Amendment does not explicitly bar suits against a state by its own citizens, it is well established that a non-consenting state is immune from suits brought by its own citizens in federal court. … (“[Ajfter Garrett , New York’s continued acceptance of federal funds necessarily constituted a valid waiver of sovereign immunity because New York could no longer rely on a belief that Title II clearly constituted a valid

Ross v. City University of New York

211 F. Supp. 3d 518 · District Court, E.D. New York · Sep 29, 2016

To establish a prima facie violation of the ADA or the Rehabilitation Act, plaintiff must show that 1) she is a qualified individual with a disability; 2) CUNY is an entity subject to the ADA and the Rehabilitation Act; and … Milliken in his official capacity under the exception to Eleventh Amendment immunity established in Ex parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908). (PL Mem. at 28 n.52.)

Garb v. Republic of Poland

207 F. Supp. 2d 16 · District Court, E.D. New York · Jun 24, 2002

Hoffman, 324 U.S. 30 , 65 S.Ct. 530 , 89 L.Ed. 729 (1945), firmly established *23 judicial deference to the executive branch as the basis for the doctrine of foreign sovereign immunity. … The denial of immunity to the Ministry of the Treasury of Poland under the circumstances here would clearly conflict with pre-FSIA law, which did not distinguish between a foreign state and its departments or ministries,