Case law

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.”)

Arbeeny v. Cuomo

District Court, E.D. New York · Jan 10, 2025

defeating qualified immunity.” … It is axiomatic that for a case to provide the basis to claim that the law articulated therein was clearly established to defeat a claim of qualified immunity, the case must predate the conduct at issue.

Tiraco v. New York State Board of Elections

963 F. Supp. 2d 184 · District Court, E.D. New York · Aug 7, 2013

June 18, 2013) (holding that sovereign immunity “also applies to claims against State agencies”). There are three limited exceptions to state sovereign immunity. … “It is well-established that New York has not consented to § 1983 lawsuits in federal court .... ” Mamot v.

Humpherys v. Nager

962 F. Supp. 347 · District Court, E.D. New York · Apr 17, 1997

The State defendants have raised both official capacity defenses (Eleventh Amendment immunity) and individual capacity defenses (judicial immunity), but not the defense of qualified immunity, suggesting that the State defendants … A) Judicial Immunity A judge has absolute immunity from suit. See Forrester v. White, 484 U.S. 219, 225-28 , 108 S.Ct. 538, 543-45 , 98 L.Ed.2d 555 (1988).

Malone v. Longo

463 F. Supp. 139 · District Court, E.D. New York · Jan 8, 1979

There the Court drew a narrow exception to a general rule of qualified immunity reaffirming the applicability of absolute immunity in common law tort actions. Id. at 2905 n. 22. See Granger v. … Thus, defendant was clearly under a duty to give the testimony in question and was acting within the outer perimeter of her duties in so doing.

Opoku v. County of Suffolk

123 F. Supp. 3d 404 · District Court, E.D. New York · Aug 21, 2015

“It is ... well established that ‘a state prosecuting .attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution’ ‘is immune from a civil suit for damages under § 1988.’ ” Shmueli … Vill. of Tarrytown, 309 A.D.2d 842 , 766 N.Y.S.2d 46, 47 (2003) (state law absolute immunity).

Wohnsigl

District Court, E.D. New York · Aug 21, 2026

The doctrine of qualified immunity “protects government officials from suit if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … In resolving a qualified immunity defense, courts consider whether the facts alleged establish a constitutional violation and, if so, whether the right at issue was clearly established at the time of the challenged conduct

Bertucci v. Brown

663 F. Supp. 447 · District Court, E.D. New York · Jun 8, 1987

He is entitled only to a qualified, “good faith” immunity when he acts in an investigative or administrative capacity, however. Taylor v. Kavanagh, 640 F.2d 450, 452 (2d Cir.1981). … Bertucci argues that Santucci’s and Marshall’s attempt to force him to incriminate himself is “investigatory” because it involved the gathering of evidence and that accordingly they are entitled only to a qualified immunity

Hodge v. City of Long Beach

306 F. Supp. 2d 288 · District Court, E.D. New York · Feb 24, 2003

immunity. … Finally, Defendants’ argument that the individually-named defendants possess qualified immunity is also unavailing, as individuals may be sued in their personal capacities under 42 U.S.C. § 1983 et seq.

McCullough v. Wyandanch Union Free School District

132 F. Supp. 2d 87 · District Court, E.D. New York · Mar 2, 2001

Pecorale was entitled to qualified immunity and dismissed Plaintiffs Due Process claim. … immunity request.

Keenan v. Pav

District Court, E.D. New York · Apr 15, 2025

“if the court finds that the asserted rights were not clearly established, or if the evidence is such that, even when it is viewed in the … Moreover, as Suffolk County Defendants point out, even where a right is “clearly established,” an officer is entitled to qualified immunity “if ‘officers of reasonable competence could disagree’

Ortiz v. Hasper

District Court, E.D. New York · Nov 17, 2021

When an official asserts a qualified immunity defense, courts consider whether “(1) the official violated a statutory or constitutional right, and (2) . . . the right was ‘clearly established … The difference is that “the qualified immunity inquiry goes on to ask whether any constitutional violation was clearly established.” Jackson v. Tellado, 236 F.

Lara v. The City of New York

District Court, E.D. New York · Oct 21, 2024

DISCUSSION A public official is entitled to qualified immunity unless, inter alia, the plaintiff’s rights were “clearly established,” and it was “objectively unreasonable” for the … Officer Braginsky is therefore entitled to qualified immunity. See Gonzalez, 728 F.3d at 154.

Cano v. City of New York

119 F. Supp. 3d 65 · District Court, E.D. New York · Aug 13, 2015

Individual Defendants are Entitled to Qualified Immunity Defendants argue that the Individual Defendants are entitled to qualified immunity because “the evidence is clear that Plaintiffs suffered no constitutional violation … Callahan, 555 U.S. 223, 243-44, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (qualified immunity defense exists where officers did not violate clearly established law). 5.

Catapano v. Wyeth Ayerst Pharmaceuticals, Inc.

88 F. Supp. 2d 27 · District Court, E.D. New York · Mar 8, 2000

stimulation that clearly violates Plaintiff new (sic) patents.” … On the contrary, Catapa-no’s patent documents, which specifically refer to the vaccine manufactured by the Defendants, clearly establish that the vaccine existed before Catapano invented his treatment method.

Little v. Massari

526 F. Supp. 2d 371 · District Court, E.D. New York · Dec 12, 2007

The Second Circuit held that based on what the officer knew up to that point, he was protected by qualified immunity. The same result obtains here. As the Supreme Court held in Malley v. … Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986), qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”

Brooklyn Bridge Park Coalition v. Port Authority of New York & New Jersey

951 F. Supp. 383 · District Court, E.D. New York · Jan 14, 1997

Rather, its singular focus is on the agency’s ability to lease a long-established terminal facility. … Tahoe Regional Planning Agency for determining when Compact Clause agencies are entitled to Eleventh Amendment immunity: “we ... presume the Compact Clause agency does not qualify for Eleventh Amendment immunity ‘[u]nless

545 Halsey Lane Properties, LLC v. Town of Southampton

39 F. Supp. 3d 326 · District Court, E.D. New York · Aug 19, 2014

The Individual Defendants also assert a qualified immunity defense. … Qualified immunity “shields government officials from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established statutory or constitutional

G.D. Searle & Co. v. Interstate Drug Exchange, Inc.

117 F.R.D. 495 · District Court, E.D. New York · Apr 14, 1987

The government’s representative did not qualify or dispute this interpretation.. … self-incrimination regarding matters ostensibly covered by the immunity agreement.

Association of Flight Attendants v. United Airlines

797 F. Supp. 1115 · District Court, E.D. New York · Jul 16, 1992

The Company shall bear the cost of any necessary passports, visas or immunizations .... … The other items on the list deal with partial qualifications, immunizations, equipment qualifications, and foreign language qualifications.