Case law

Fariello v. Rodriguez

148 F.R.D. 670 · District Court, E.D. New York · May 8, 1993

The Second Circuit has clearly established that “government officials are immune from liability for alleged constitutional violations if the claims do not allege violations of law which were ‘clearly established at the time … These defendants are entitled to qualified immunity for actions taken which do not violate a “clearly established” law (See Ea-ston, supra, 947 F.2d at p. 1015).

Rae v. County of Suffolk

693 F. Supp. 2d 217 · District Court, E.D. New York · Mar 5, 2010

Qualified Immunity Alternatively, 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 . … “Qualified immunity shields a police officer from liability for damages if he can demonstrate that there was arguable probable cause for the arrest.” Id. (internal quotations and citation omitted).

Conner v. Alston

701 F. Supp. 376 · District Court, E.D. New York · Nov 23, 1988

Given that Judge Owens actually granted the writ, plaintiff clearly states no claim against him. … As state officials, those defendants are entitled to at least qualified immunity from civil rights damage actions. See, e.g., Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034, 3038 , 97 L.Ed.2d 523 (1987).

United States v. Hendron

813 F. Supp. 973 · District Court, E.D. New York · Mar 1, 1993

The fifth and sixth exceptions in § 1605(a) clearly refer to civil suits in that’ they relate to “money damages” sought and arbitration agreements. 28 U.S.C. § 1605 (a)(5)-(6). … Finally §§ 1610 and 1611 qualify the immunity from attachment and execution.

Selvaggio v. Patterson

93 F. Supp. 3d 54 · District Court, E.D. New York · Mar 20, 2015

Qualified Immunity Defendants further argue that even if probable cause to arrest did not exist, the Individual Defendants are entitled to qualified immunity on Plaintiffs false arrest claim. … Qualified immunity protects government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Fischer v. Karl

84 F. Supp. 53 · District Court, E.D. New York · Apr 25, 1949

. § 109 , it was impossible in patent suits to sue any defendant in a district of which he was not an inhabitant or in which he had either committed acts of infringement or maintained a regular and established place of business … Ct. 780 , 86 L.Ed. 1026 , it was held that the section referred to was not qualified by exceptions to the general venue provisions which would have made the Deckers suable in this district. 28 U.S.C.A. § 113 .

Puckett v. City of Glen Cove

631 F. Supp. 2d 226 · District Court, E.D. New York · Jun 30, 2009

Dismissal of the claims as to the individual Defendants Baron and Taranto is sought on the ground of qualified immunity. … As to qualified immunity on the remaining First Amendment claim, the court notes that Plaintiff will be required to show the violation of clearly established law, and also that the conduct of the individual defendants was

Stryker Corp. v. Intermedics Orthopedics, Inc.

145 F.R.D. 298 · District Court, E.D. New York · May 22, 1992

Communications that fall within the privilege are immune from discovery. The burden of establishing the elements of the privilege rests with the party asserting it. Detection Systems, Inc. v. … Application of Attorney-Client Privilege and Work-Product Immunity 1.

Folk v. City of New York

243 F. Supp. 3d 363 · District Court, E.D. New York · Mar 21, 2017

Qualified Immunity Defendants .alternatively argue that the Individual Defendants are entitled to qualified immunity as to Plaintiff’s claim •for false arrest. … Under the doctrine of qualified immunity, “officials who act in ways they reasonably believe to be lawful ... [may not be] held personally liable.” Anderson v.

United States v. Premises Known as 281 Syosset Woodbury Road

862 F. Supp. 847 · District Court, E.D. New York · Sep 9, 1994

In Rhay , the court was also faced with the assertion of an affirmative defense (qualified immunity) as it related to the invocation of a common law privilege (attorney-client). … The court concluded that the "by asserting their qualified immunity as an affirmative defense, defendants impliedly waived the right to assert the attorney-client privilege with respect to any legal advice ... that relate

Carrillos v. Incorporated Village

87 F. Supp. 3d 357 · District Court, E.D. New York · Feb 20, 2015

Accordingly, summary judgment on qualified immunity grounds is denied. 3. … Given these factual disputes, Officer Masi is not entitled to summary judgment based upon a defense of qualified immunity.

P. & B. Marina, L. P. v. Logrande

136 F.R.D. 50 · District Court, E.D. New York · Apr 11, 1991

Public policy may require the disclosure of information that is clearly protected. … The right to petition may establish “at most a qualified privilege,” but not an absolute one. Briscoe v. LaHue, 460 U.S. 325 , 332 n. 12, 103 S.Ct. 1108 , 1114 n. 12, 75 L.Ed.2d 96 (1983).

Brewton v. City of New York

550 F. Supp. 2d 355 · District Court, E.D. New York · May 1, 2008

doctrine of qualified immunity. … Applying these principles, Detective Manns is entitled, at minimum, to qualified immunity.

Jordan Press v. State University of New York

388 F. Supp. 2d 127 · District Court, E.D. New York · Sep 27, 2005

Specifically, Title II of the ADA (“Title II”) provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs … The right to education is clearly not a fundamental right, see San Antonio Independent School District v.

Tobing v. City of New York

929 F. Supp. 86 · District Court, E.D. New York · Jun 3, 1996

Finally, defendants’ qualified immunity defense fails on essentially the same grounds. … Proceeding with the qualified immunity analysis, first, the Tobings’ federal constitutional right to be free from arrest except upon probable cause, and to be free from the use of excessive force, is clearly established.

United States v. 42/30 Tablet Bottles

779 F. Supp. 253 · District Court, E.D. New York · Dec 20, 1991

The burden is on the moving party to clearly establish the absence of a genuine issue of material fact and “a court must resolve all ambiguities and draw all reasonable inferences against the moving party.” … The Second Circuit, however, has stated that “[w]e do not believe that a substance gains immunity from [being categorized as a food additive] merely because it also qualifies as a food.”

Winokur v. Office of Court Administration

190 F. Supp. 2d 444 · District Court, E.D. New York · Mar 14, 2002

Accordingly, the complaint sufficiently alleges that the plaintiff is a qualified individual with a disability. … “To establish discriminatory animus, ... a plaintiff may rely on the burden-shifting technique similar to that adopted in McDonnell Douglas Corp. v.

Libbey v. Village of Atlantic Beach

982 F. Supp. 2d 185 · District Court, E.D. New York · Nov 4, 2013

Qualified Immunity as to the Village Defendants The Village Defendants also maintain that they are entitled to qualified immunity. The Court disagrees. … 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

Wasserman v. City of New York

149 F.R.D. 457 · District Court, E.D. New York · Jun 30, 1993

On October 8, 1992, this court granted, inter alia, the City’s motion for summary judgment on the grounds of qualified immunity. … qualified to conduct such studies and make appropriate recommendations for implementation, by virtue of their extensive experience and professional qualifications—meet the test of reasonableness sufficient to establish immunity

Udechukwu v. City of N.Y.

333 F. Supp. 3d 161 · District Court, E.D. New York · Sep 20, 2018

Accordingly, Plaintiff's false arrest and malicious prosecution claims are untenable as a matter of law. 4 Moreover, Officer Doll would also be protected by the doctrine of qualified immunity, an affirmative defense which … 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 a reasonable person