Case law

Lafontant v. Aristide

844 F. Supp. 128 · District Court, E.D. New York · Jan 27, 1994

Since determination of who qualifies as a head-of-state is made by the Executive Branch, it is not a factual issue to be determined by the courts. … The scope of head-of-state immunity in this regard has not been conclusively established. The Second Circuit, in Mr. and Mrs. Doe v.

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.

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

Sankar v. City of New York

867 F. Supp. 2d 297 · District Court, E.D. New York · Mar 30, 2012

The Court declines to afford the August arresting officers the shield of qualified immunity for substantially the same reason: The qualified immunity analysis is inextricably linked to the scope of the officers’ pre-arrest … based on qualified immunity.”).

Okwedy v. Molinari

150 F. Supp. 2d 508 · District Court, E.D. New York · Jul 18, 2001

Molinari also argues that the complaint against him should be dismissed pursuant to the doctrine of qualified immunity. … Louis Farrakhan, in violation of the First Amendment and the Equal Protection Clause, and that determination of the legislators’ assertion of qualified immunity was premature before discovery had taken place.

Young

District Court, E.D. New York · Jun 9, 2026

In the alternative, the Law Enforcement Defendants contend they are entitled to qualified immunity because no precedent clearly established a parolee’s right to be free from the type of … On qualified immunity, Plaintiff argues the Law Enforcement Defendants are not protected because the constitutional prohibition on warrantless, invasive body cavity searches was clearly established

Perez v. Ponte

236 F. Supp. 3d 590 · District Court, E.D. New York · Feb 14, 2017

C, Qualified Immunity Defendants also seek to dismiss Plaintiffs claims on the basis of their qualified immunity. 6 See Memorandum of Law in Support of Defendant Ponte’s Motion to Dismiss the Complaint Pursuant to Fed. … Coughlin, 66 F.3d 531, 538 (2d Cir. 1995) (recognizing that qualified immunity "is an affirmative defense, [and] it is incumbent upon the defendant to plead, and adequately ’develop,'a qualified immunity, defense.”); Galvin

Empire Blue Cross & Blue Shield v. Consolidated Welfare Fund

830 F. Supp. 170 · District Court, E.D. New York · Sep 2, 1993

Besides failing to meet the first prong of the employee organization definition, the union, as it currently exists, does not clearly meet the second prong either. … When the Fund was established, before the implementation of the “associate membership” program, the union was clearly an employee organization.

Ponterio v. Koch

586 F. Supp. 77 · District Court, E.D. New York · May 22, 1984

. § 1983 . 1 According to the complaint, plaintiff, relying on the schedule published by the Board of Elections in June 1981, qualified to appear on the ballot in the Demo *78 cratic party primary for New York City Council … Here, no election was held and, consequently, nobody appeared on the ballot; or, in other words,. all persons, who otherwise qualified, were denied access to the ballot. 2 This distinction properly focuses the Court’s inquiry

Soloviev v. Goldstein

104 F. Supp. 3d 232 · District Court, E.D. New York · May 13, 2015

As a result, “[a] State is [] immune from suits in federal court brought by its own citizens and such immunity extends to officers acting on behalf of the State.” Winokur v. … “To establish a prima facie case for employment discrimination [under Title VII and NYSHRL], a plaintiff must show that (1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered

Conlon v. City of Long Beach

676 F. Supp. 1289 · District Court, E.D. New York · Dec 23, 1987

It is true that, generally, public officials performing discretionary functions are entitled to a qualified immunity for actions taken in good faith within the sphere of their official responsibility. Harlow v. … A defendant, however, must plead qualified immunity as an affirmative defense. Id.; see also Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). No such defense has been pleaded here.

Johns v. Town of East Hampton

942 F. Supp. 99 · District Court, E.D. New York · Sep 20, 1996

E.Bullock’s and Scott’s Qualified Immunity Defenses The Court agrees with defendants Bullock and Scott that they are shielded from suit for damages on the basis of their qualified immunity defenses. … Although certain of the constitutional rights that these defendants allegedly violated may have been clearly established at the time of the conduct in question, the Court nevertheless finds that even upon viewing the allegations

NM v. Hebrew Academy Long Beach

155 F. Supp. 3d 247 · District Court, E.D. New York · Jan 9, 2016

However, the Court notes that, consistent with the School Defendants’ contention that HALB does not have a blanket policy against granting religious exemptions to qualified students, there is evidence that, following a similar … In this regard, the record clearly does not support a finding that Orthodox Judaism, even as interpreted by these particular Plaintiffs, forbids the practice.

Poss v. Lieberman

187 F. Supp. 841 · District Court, E.D. New York · Sep 20, 1960

Poss’ conclusion that the libel was published to his wife when he saw it is clearly wrong, it seems probable that the libel was published at some earlier time although, as I have said, neither the complaint nor the affidavits … The Circuit Court reversed, finding that as to the publication to the congressional delegation there was only qualified privilege, and that this aspect required a trial.

Young

District Court, E.D. New York · Jun 9, 2026

Goodman argues he is entitled to qualified immunity because: (1) his conduct was reasonable under the circumstances; and (2) no clearly established authority would place a reasonable physician … “The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and

Wilson Cantarero Lopez v. County of Suffolk, et al.

District Court, E.D. New York · Jul 29, 2026

“Qualified immunity shields government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … As for the constitutional violation prong, if a claim is based on a clearly established right, defendants are protected by qualified immunity “only so long as ‘it was objectively reasonable for [them] to believe that [

Abrams v. Société Nationale Des Chemins De Fer Français

175 F. Supp. 2d 423 · District Court, E.D. New York · Nov 5, 2001

Princz’s subsequent suffering was clearly an effect, but just as clearly not ‘a direct effect in the United States’ of the Nazis’ actions.... … would be no jurisdiction under § 1330 unless the underlying conduct also qualified under one of the exceptions to the substantive provisions of the FSIA.

Scott

District Court, E.D. New York · Dec 11, 2025

This denial was without prejudice to Defendants’ ability to raise qualified immunity as a defense based on facts established at the summary judgment stage and at trial. … The right to be free of arrest without probable cause, however, was clearly established at the time of Plaintiff’s arrest. See Soukaneh v.

Quartararo v. Catterson

73 F. Supp. 2d 270 · District Court, E.D. New York · Oct 14, 1999

This liberty interest has been clearly established law in New York since at least 1978, when the United States Court of Appeals for the Second Circuit issued it decision in Tracy v. … Of course, as noted by the Court at oral argument, there is still a question whether the State Defendants are entitled to qualified immunity.

Chi Iota Colony of Alpha Epsilon Pi Fraternity v. City University of New York

443 F. Supp. 2d 374 · District Court, E.D. New York · Aug 11, 2006

Qualified Immunity Plaintiffs assert claims against defendants Springer and Jackson in their individual capacities for both monetary and injunctive relief, and these defendants raise the defense of qualified immunity. … was clearly established at the time of the alleged violation.”