Case law

Wright ex rel. Estate of Wright v. United States

162 F. Supp. 3d 118 · District Court, E.D. New York · Feb 11, 2016

In determining whether absolute immunity or qualified immunity applies to a particular officer, courts apply “a ‘functional’ approach to immunity questions other than those that have been decided by express constitutional … Garrison, 169 F.3d 152 , 153 (2d Cir.1999) (vacating grant of qualified immunity where officer cuffed plaintiff too tightly not withstanding his protests of pain); Sterlin 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

Boyce v. United States

523 F. Supp. 1012 · District Court, E.D. New York · Sep 17, 1981

Clearly, the complaint seeks such relief. It is true that claims implied directly under constitutional guarantees may assert federal question jurisdiction. See Davis v. … Even detrimental reliance on misinformation obtained from a seemingly authorized government agent will not excuse a failure to qualify for the benefits under the relevant statutes and regulations.” Id.

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

Storck v. Suffolk County Department of Social Services

122 F. Supp. 2d 392 · District Court, E.D. New York · Nov 27, 2000

In the context of such an action, the doctrine of qualified immunity may shield a defendant from liability. See Gottlieb v. … Qualified immunity will defeat a plaintiffs claim if it was objectively reasonable for the defendant to believe that his actions did not violate a clearly established federally protected right. Id.; see Anderson v.

Roman Catholic Diocese of Rockville Centre v. Incorporated Village of Old Westbury

128 F. Supp. 3d 566 · District Court, E.D. New York · Sep 3, 2015

Qualified immunity shields “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 would have known … by qualified immunity.”

Dietz v. Damas

948 F. Supp. 198 · District Court, E.D. New York · Dec 5, 1996

The Second Circuit affirmed the district court’s grant of qualified immunity to the caseworkers. … Gottlieb affirmed summaiy judgment for child protective workers on grounds of qualified immunity and for the agency on grounds that “the undisputed facts established that the County had adequately trained its caseworkers.

Donohue v. Board of Elections of State of NY

435 F. Supp. 957 · District Court, E.D. New York · Dec 7, 1976

Clearly, a § 1983 action is not maintainable against either the City or State Board of Elections. … The City and State Boards of Elections are not immune and may lawfully be enjoined from debasing or diluting the votes of qualified citizens. 12 The State Board of Elections’ reliance on Aldinger v.

CASTANZA v. Town of Brookhaven

700 F. Supp. 2d 277 · District Court, E.D. New York · Mar 22, 2010

Assuming, arguendo, Plaintiff alleges a violation of a clearly established right, government officials performing discretionary functions are immune from personal liability under the doctrine of qualified immunity if their … Thus, Lowe is entitled to the defense of qualified immunity. See Lennon v.

Miehle-Kellogg v. Doe

District Court, E.D. New York · Mar 24, 2023

Qualified Immunity The defense of qualified immunity protects government officials sued in their individual capacity. See O’Bert ex rel. Est. of O’Bert v. … Vargo, 331 F.3d 29, 36 (2d Cir. 2003) (“A government official sued in his individual capacity is entitled to qualified immunity”).

New York State Ass'n of Realtors, Inc. v. Shaffer

833 F. Supp. 165 · District Court, E.D. New York · Sep 30, 1993

Qualified Immunity: The defendant moves for summary judgment dismissing the complaint based upon the defense of qualified immunity. … Qualified immunity protects “a government official performing discretionary functions from liability to the extent that his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Rein v. Socialist People's Libyan Arab Jamahiriya

995 F. Supp. 325 · District Court, E.D. New York · Feb 26, 1998

This designation, however, establishes only that an exception to foreign sovereign immunity under the FSIA applies in this action. … The mailings about which plaintiffs complain clearly are not “entirely innocuous” or “purely informational” correspondence as characterized by defendants.

Cohen v. Facebook, Inc.

252 F. Supp. 3d 140 · District Court, E.D. New York · May 18, 2017

This emphasis on immunity over other considerations ⅛ clear from the text, and courts interpreting that provision have consistently found Section 230(c)(l)’s plain language focuses on protecting qualified defendants from … While the court does not engage in an extended discussion of the first two prongs here, Facebook and the content at issue qualify easily.

Hansen v. Danish Tourist Board

147 F. Supp. 2d 142 · District Court, E.D. New York · May 19, 2001

As to the Defendant’s Claim that it is Immune from Suit Under the Foreign Sovereign Immunities Act The Tourist Board claims that it is immune from suit under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1602 … Under the restrictive theory of sovereign immunity, a foreign state is immune from the jurisdiction of the United States courts “as to its sovereign or public acts ... but not as to those that are private or commercial in

Powell v. Murphy

972 F. Supp. 2d 335 · District Court, E.D. New York · Sep 3, 2013

Of importance, even if probable cause to arrest is ultimately found not to have existed, an arresting officer will still be entitled to qualified immunity from a suit for damages if he or she can establish that an “ ‘arguable … Here, since Truesdell was clearly not the complaining witness in the Plaintiffs criminal case, no exception applies and he is entitled to absolute immunity.

McKnight v. Hayden

65 F. Supp. 2d 113 · District Court, E.D. New York · Sep 10, 1999

Defendants raise, inter alia, the defense of qualified immunity. … the rights allegedly implicated were clearly established at the time of the events in question, see Wilson, 526 U.S. at -, 119 S.Ct. at 1697, nor to reach the issue of absolute immunity.

Lopez ex rel. Lopez v. City of New York

105 F. Supp. 3d 242 · District Court, E.D. New York · Apr 29, 2015

act of fabrication, for which he enjoy[ed] only qualified immunity,” id. at 352 , the Second Circuit held that if the defendant had “fabricated evidence in his investigative- role, it was at least reasonably foreseeable … Because, she is entitled to qualified immunity, plaintiffs fourth and fifth causes of action are dismissed.

Sacay v. Research Foundation of the City University of New York

193 F. Supp. 2d 611 · District Court, E.D. New York · Mar 27, 2002

Public officials are: entitled to qualified immunity from claims for damages if (1) their conduct did not violate federal statutory or constitutional rights that were clearly established at the time, or (2) it was objectively … It was objectively reasonable for Pérsico to believe that her actions did not violate clearly established constitutional law.

Williams v. City of New York

916 F. Supp. 2d 235 · District Court, E.D. New York · Oct 18, 2012

Qualified Immunity An officer is entitled to qualified immunity from a § 1983 suit if his conduct did not violate a plaintiffs clearly established constitutional rights. See, e.g., Mandell v. … Because of my ruling that the officers are entitled to summary judgment on plaintiffs false arrest, malicious prosecution, abuse of process, and fair trial claims, it is unnecessary to address the defense of qualified immunity

Van-Go Transport Co. v. New York City Board of Education

53 F. Supp. 2d 278 · District Court, E.D. New York · May 19, 1999

As articulated by the Second Circuit, the doctrine of “[qualified immunity will shield from suit a government official sued in his or her individual capacity unless the official’s conduct violates clearly established law … The doctrine of qualified immunity is only applicable to individuals. See Rodriguez v. City of New York, 72 F.3d 1051 (2d Cir.1995).