Case law

Williams v. County of Nassau

684 F. Supp. 2d 268 · District Court, E.D. New York · Jan 22, 2010

Qualified Immunity Defendants assert that even if plaintiffs are successful on their First Amendment retaliation claims, the individual defendants are entitled to qualified immunity. 16 Qualified immunity shields government … qualified immunity grounds is inappropriate.”

Mitchell v. County of Nassau

786 F. Supp. 2d 545 · District Court, E.D. New York · Mar 24, 2011

Qualified Immunity Defense Even if plaintiffs claim for false arrest were to survive defendants’ motion for summary judgment, defendant Ferro is entitled to qualified immunity from suit for any constitutional violation claimed … Thus the issue turns on whether Ferro acted with probable cause as determined for qualified immunity purposes.

United States v. Bonanno Organized Crime Family

119 F.R.D. 625 · District Court, E.D. New York · Mar 25, 1988

While Magistrate Chrein spoke of a “qualified privilege” for tax returns in civil discovery, Tr. at 26; see also Eastern Auto Distributors, Inc. v. … Spero’s tax returns are clearly relevant to the government’s allegations in this action.

Soundview Associates v. Town of Riverhead

973 F. Supp. 2d 275 · District Court, E.D. New York · Sep 30, 2013

established right, summary judgment on the issue of qualified immunity is warranted in their favor. … “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

Saint-Guillen v. United States

657 F. Supp. 2d 376 · District Court, E.D. New York · Sep 28, 2009

In order to qualify, “[t]he proponent of a claim of absolute immunity bears the burden of establishing the justification of such immunity.” Antoine v. … Here, defendant’s conduct does not qualify for absolute immunity under either standard.

LaFlamme v. SOCIÉTÉ 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.”

Woodard v. Hardenfelder

845 F. Supp. 960 · District Court, E.D. New York · Mar 15, 1994

Qualified Immunity. … The court dismissed the complaint as against Officer Ortiz who recovered plaintiffs unidentified latent prints and forwarded them to the latent print unit on October 20, 1992, based on the doctrine of qualified immunity.

A.F. v. Kings Park Cent. Sch. Dist.

341 F. Supp. 3d 188 · District Court, E.D. New York · Sep 26, 2018

' constitutional rights and that their actions fall under the scope of qualified immunity. … immunity against any such claims.

Ford v. Reynolds

326 F. Supp. 2d 392 · District Court, E.D. New York · Jul 23, 2004

“objective legal reasonableness” of the unlawful action assessed in light of the law “clearly established at the time it was taken.” … immunity [under Harlow v.

Berman Enterprises, Inc. v. Jorling

793 F. Supp. 408 · District Court, E.D. New York · May 19, 1992

QUALIFIED IMMUNITY Even if the suit is against the defendants in their personal capacity, they are afforded qualified immunity for violations of constitutional rights resulting from the exercise of official powers. … See id. at 815-17, 102 S.Ct. at 2736-38 (rejecting “subjective” component of test for qualified immunity; “bare allegations of malice should not suffice”).

Willner v. Town of North Hempstead

977 F. Supp. 182 · District Court, E.D. New York · Sep 11, 1997

The defendants contend that they are entitled to immunity on two grounds: (1) the defendants are entitled to qualified immunity because the plaintiffs have failed to allege a clearly established property right, see Reply … 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

Mazzone v. Town of Southampton

283 F. Supp. 3d 38 · District Court, E.D. New York · Jul 26, 2017

Defendants also argue that the individual defendants are entitled to qualified immunity. … The doctrine of qualified immunity shields government *55 officials from civil liability if their "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

DePrima v. Village of Catskill

105 F. Supp. 2d 75 · District Court, E.D. New York · Jun 6, 2000

G.Qualifíed Immunity Chief Masse contends that he is protected from liability under the doctrine of qualified immunity. … “The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively

Bryant v. Steele

25 F. Supp. 3d 233 · District Court, E.D. New York · Jun 3, 2014

Alternatively, the State Defendants argue that this claim should be dismissed on the basis of qualified immunity. *246 A defendant asserting a qualified immunity defense on a motion to dismiss “faces a formidable hurdle . … 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).

Eskenazi-McGibney v. Connetquot Central School District

84 F. Supp. 3d 221 · District Court, E.D. New York · Feb 6, 2015

and did not violate any clearly established rights. … “Under the doctrine of- qualified immunity, a government official performing discretionary functions is shielded from liability for civil damages if his conduct did not violate clearly established rights or if it would have

Salzmann v. Sciccitano

782 F. Supp. 195 · District Court, E.D. New York · Sep 3, 1991

Defendant moved for a directed verdict on the grounds of qualified immunity. … "Even where the permissible scope of activity is clearly defined, the qualified immunity defense protects an official if it was ‘objectively reasonable’ for him to believe his acts were lawful." Magnotti v.

Quartararo v. Hoy

113 F. Supp. 2d 405 · District Court, E.D. New York · Sep 25, 2000

The Court reserved decision on the objective reasonableness prong of the remaining defendants’ claim to qualified immunity, but held that the law was clearly established at the time of the constitutional violations. … Qualified immunity protects defendants only “if their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Harrison v.

McSween v. Edwards

91 F. Supp. 2d 513 · District Court, E.D. New York · Mar 29, 2000

Government employees enjoy qualified immunity “ ‘when they perform discretionary functions if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was … Ferrington and Thomas both assert qualified immunity for their actions.

Tretola v. County of Suffolk

2 F. Supp. 3d 341 · District Court, E.D. New York · Feb 19, 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.

Gristede's Foods, Inc. v. Unkechuage Nation

660 F. Supp. 2d 442 · District Court, E.D. New York · Oct 8, 2009

Eleventh Amendment [immunity] bears the burden of demonstrating that it qualifies as an arm of the state entitled to share in its immunity.”) (emphasis omitted); City of New York v. … at issue in the case “clearly [was] entered into with the Tribe as a tribe.”