Case law

Rodriguez v. City of New York

644 F. Supp. 2d 168 · District Court, E.D. New York · Feb 11, 2008

“Qualified immunity shields government officials performing discretionary functions 'from liability *200 for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Therefore, summary judgment based on qualified immunity is unwarranted at this stage in the litigation. 23 .

Rasmussen v. City of New York

766 F. Supp. 2d 399 · District Court, E.D. New York · Feb 2, 2011

At the very least, the facts here compel the conclusion that the officers would be protected by qualified immunity. … In any event, the arresting officers would, at the very least, be entitled to qualified immunity.

Lawton v. Success Acad. Charter Sch., Inc.

323 F. Supp. 3d 353 · District Court, E.D. New York · Aug 1, 2018

Brown asserts a defense of qualified immunity. … "[T]he right not to be subjected to disability discrimination has long been clearly established[.]" Coleman v. Town of Old Saybrook , 2004 WL 936174 , at *4 (D. Conn. Apr. 28, 2004).

Jones v. Bay Shore Union Free School District

947 F. Supp. 2d 270 · District Court, E.D. New York · May 28, 2013

Thus, Plaintiff has sufficiently pled Holman’s personal involvement, and Defendants’ motion to dismiss Holman is DENIED. 5 In so far as Defendants assert qualified immunity, their motion to dismiss is likewise DENIED. • 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 rights

Zlatkis v. Raptis

District Court, E.D. New York · Mar 7, 2025

Qualified immunity shields federal and state officials from money damages unless the facts demonstrate “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established … A court may grant qualified immunity after a finding of liability “if an officer has made a reasonable mistake of law, i.e., if the constitutional violation he [or she] has committed was not a ‘clearly established’ violation

Singh v. The City of New York

District Court, E.D. New York · Sep 30, 2022

The difference is that “the qualified immunity inquiry goes on to ask whether any constitutional violation was clearly established.” Jackson v. Tellado, 236 F. … Pl. 8 Furthermore, it is not entirely clear that an order issued at the district court level can “clearly establish” anything for purposes of qualified immunity.

Tyrrell v. Seaford Union Free School District

792 F. Supp. 2d 601 · District Court, E.D. New York · Jun 1, 2011

under Section 1983 by the doc *634 trine of qualified immunity. … Accordingly, the doctrine of qualified immunity shields defendants from plaintiffs Section 1983 claims against them in their individual capacity. D.

545 Halsey Lane Properties, LLC v. Town of Southampton

45 F. Supp. 3d 257 · District Court, E.D. New York · Sep 16, 2014

In particular, the Defendants note that absolute immunity is, unlike a traditional affirmative defense, immunity from suit altogether. … immunity.

New York v. Gutierrez

623 F. Supp. 2d 301 · District Court, E.D. New York · Apr 7, 2009

Sahara Tahoe Corp., 504 F.Supp. 753, 762-63 (D.Nev.1980) (approval of the compact by *310 Congress and limited appointment power of president did not establish TRPA as federal agency). … should be implied from the ASMFC Compact or related legislation, but rather on whether the Commission has become so federal in character that it cannot escape the dispute resolution provisions of the APA, which Congress clearly

Maloney v. County of Nassau

623 F. Supp. 2d 277 · District Court, E.D. New York · Sep 25, 2007

Government officers are entitled to qualified immunity if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Even where the law is “clearly established,” officers are entitled to qualified immunity if it was “objectively reasonable” to believe that their actions were lawful at the time they acted. Soares v.

Steele-Warrick

District Court, E.D. New York · Feb 6, 2026

right, and (2) that the right was clearly established at the time of the challenged conduct.” … Even if the right was clearly established, however, the official is entitled to qualified immunity if “it was objectively reasonable for the officer to believe the conduct at issue was lawful.” Gonzalez v.

Satchell v. Clark

725 F. Supp. 691 · District Court, E.D. New York · Nov 30, 1989

Qualified Immunity The law has long recognized that public officers require immunity to shield them from undue interferences with their duties and from potentially disabling threats of liability. See Harlow v. … In assessing a claim of qualified immunity the Supreme Court has articulated that the limits of qualified immunity are essentially defined in objective terms. Id. at 819 , 102 S.Ct. at 2738 .

Emmons v. City University of New York

715 F. Supp. 2d 394 · District Court, E.D. New York · Jul 2, 2010

A prima facie case of retaliation is established when a plaintiff demonstrates: (1) she exercised rights protected under the FMLA; (2) she was qualified for his position; (3) she suffered an adverse employment action; and … Sovereign Immunity “It is well-established that ‘[t]he Eleventh Amendment bars federal suits against state officials on the basis of state law.’ ” Carvel v. Cuomo, 357 Fed.Appx. 382, 383 (2d Cir.2009) (quoting Allen v.

Husain v. Springer

691 F. Supp. 2d 339 · District Court, E.D. New York · Oct 26, 2009

With respect to defendant Springer in particular, I found that, although she had violated plaintiffs’ First Amendment rights by cancelling the election, she was nonetheless entitled to qualified immunity because it was not … immunity.

Environmental Defense Fund, Inc. v. Watt

554 F. Supp. 36 · District Court, E.D. New York · Oct 22, 1982

indicates that a party need not win a final judgment following a trial on the merits in order to qualify as a “prevailing party.” … Defendants base this argument on the well-established principle that any waiver of sovereign immunity by the federal government must be express. See generally Alyeska v.

Harrison v. New York

95 F. Supp. 3d 293 · District Court, E.D. New York · Mar 20, 2015

immunity. … It is well established that “New York State has not waived its sovereign immunity from Section 1983 claims.” Nolan, 2013 WL 168674 , at *7 (citing Trotman v.

Metadure Corp. v. United States

569 F. Supp. 1496 · District Court, E.D. New York · Sep 1, 1983

The complaint clearly sounds in tort. … The Bivens Court did not and could not establish a cause of action against the United States, however.

Alharbi v. Miller

368 F. Supp. 3d 527 · District Court, E.D. New York · Mar 26, 2019

"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 … An officer is entitled to qualified immunity "unless the official's conduct violated a clearly established constitutional right." Id. (citing Anderson v.

O'Pharrow

District Court, E.D. New York · Jul 6, 2026

Qualified Immunity “Qualified immunity shields government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional … immunity.13 With respect to both allegations of excessive force, having found that the right at issue was not clearly established, Defendants are entitled to qualified immunity,14 and

Boyland v. Wing

487 F. Supp. 2d 161 · District Court, E.D. New York · Mar 27, 2007

Second, LIHEAA does not establish an entitlement program. … Id. at 236-37 (“[T]he governmental entity invoking the Eleventh Amendment bears the burden of demonstrating that it qualifies as an arm of the state entitled to share in its immunity.”)