Case law

Turano v. Board of Education of Island Trees Union Free School District No. 26

411 F. Supp. 205 · District Court, E.D. New York · Mar 30, 1976

(c) The individual board member defendant’s actions are protected by a qualified good faith immunity. … Accordingly, we need not now be concerned with any question of “qualified good faith immunity” or whether defendants Liberatore, Lively, Richter and Fasullo are properly joined as defendants because no suit against them “

Ellis v. United States

District Court, E.D. New York · Mar 24, 2025

July 19, 2023) (“The doctrine of qualified immunity shields government officials from suit unless (1) ‘the official violated a statutory or constitutional right,’ and (2) ‘the right was “clearly established” at the time … Sept. 30, 2024) (“Qualified immunity can shield defendants from constitutional claims where their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Keenan v. Pav

District Court, E.D. New York · Mar 31, 2025

immunity concerning the surviving claims. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”)

Irwin v. Crofton

935 F. Supp. 2d 527 · District Court, E.D. New York · Mar 25, 2013

Qualified immunity protects public officials, including caseworkers, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Generally, "public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not

Gala v. The City of New York

District Court, E.D. New York · Apr 29, 2021

“Qualified immunity shields government officials from civil suits for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “[E]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable’ for him

Rosenberg v. Lashkar-e-Taiba

980 F. Supp. 2d 336 · District Court, E.D. New York · Sep 30, 2013

It is the position of the United States that the ISI, a fundamental part of the government of Pakistan, qualifies for foreign state immunity under the FSIA and no exception to immunity applies. … presumption of immunity” and plaintiff failed to establish any exception to the FSIA).

Simmons v. Casella

District Court, E.D. New York · Jun 27, 2024

“[T]he doctrine of 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 … In analyzing a claim of qualified immunity, “[t]he ultimate question” is “whether it was objectively reasonable for an officer to believe that his conduct did not violate a clearly established right.” Jackson v.

United States v. DeSalvo

797 F. Supp. 159 · District Court, E.D. New York · Jun 2, 1992

That case established to a jury’s satisfaction that the defendants committed various forms of fraud in bringing numerous personal injury lawsuits. … That case indeed held that immunized testimony given at one time may not be used to establish perjury occurring later.

Arum v. Miller

193 F. Supp. 2d 572 · District Court, E.D. New York · Mar 20, 2002

As an official, Miller may be qualifiedly immune from liability under Section 1983 if his actions (1) did not violate clearly established law or (2) it was objectively reasonable for him to believe that his actions did not … Accordingly, Miller is not entitled to qualified immunity with respect to the causes of action for malicious prosecution and excessive force. 4.

Long Island Pure Water Ltd. v. Cuomo

375 F. Supp. 3d 209 · District Court, E.D. New York · Mar 22, 2019

As for the second exception, abrogation, the Second Circuit has found that RCRA clearly contemplates that aggrieved citizens may bring suit to enforce its provisions where applicable. … Section 104(b) establishes that the President only needs "reason to believe" that a release has occurred in order to begin an investigation thereunder.

Katzman v. Khan

67 F. Supp. 2d 103 · District Court, E.D. New York · Sep 17, 1999

Government officials who are sued in their individual capacity under Section 1983 are qualifiedly immune from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights … Therefore, qualified immunity “provides ample protection to all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986).

Gomez v. City of New York

185 F. Supp. 3d 299 · District Court, E.D. New York · May 5, 2016

May 31, 2013) (holding that a plaintiff can establish a fabricated-evidence claim by proving that a police officer falsely swore in a criminal complaint that an assault victim identified the plaintiff as the assailant). ■ … Moreover, “[qualified immunity is - unavailable where, as here, the action violates an accused’s -clearly established -constitutional rights, and no reasonably competent police officer could believe otherwise.” ; Ric-ciuti

DeFABIO v. East Hampton Union Free School Dist.

658 F. Supp. 2d 461 · District Court, E.D. New York · Oct 1, 2009

Qualified Immunity Defendants argue that, even assuming arguendo that a First Amendment violation occurred, the individual defendants should be entitled to qualified immunity under the facts of this case. … The clearly established right is that students may not be punished or stopped from engaging in non-disruptive speech.

Sacay v. RESEARCH FOUNDATION OF CITY UNIVER. OF NY

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 Persico to believe that her actions did not violate clearly established constitutional law.

Robischung-Walsh v. Nassau County Police Department

699 F. Supp. 2d 563 · District Court, E.D. New York · Mar 30, 2010

On the other hand, the Defendants contend that the Plaintiff has failed to allege a violation of Section 1983 and that, in any event, Mulvey and Lawrence are shielded by the doctrine of qualified immunity. II. … Here, the Plaintiff does not clearly articulate which of Walsh’s constitutional rights the Defendants violated in failing to train NCPD officers in suicide risk assessment and prevention.

Hughes v. Ester C Co.

930 F. Supp. 2d 439 · District Court, E.D. New York · Mar 15, 2013

Reno, 98 F.3d 1121 , 1130 (9th Cir.1996) (“Economic injury is clearly a sufficient basis for standing.”). … Here, plaintiffs clearly allege that defendants were unjustly enriched.

Klein v. United States

167 F. Supp. 410 · District Court, E.D. New York · Oct 28, 1958

For the greater part of the existence of this Government, it was immune from suit. In recent years this immunity has been waived by statute to a somewhat limited extent. … In Eastern Transportation Company, the Court wrote [ 272 U.S. 685 , 47 S.Ct. 291 ]: “The sovereignty of the United States raises a presumption against its suability, unless it is clearly shown; nor should a court enlarge

Baron v. Advanced Asset & Property Management Solutions, LLC

15 F. Supp. 3d 274 · District Court, E.D. New York · Apr 29, 2014

Plaintiff notes that his hiring form clearly indicated that he was hired to replace Morin. Plaintiff’s Work Performance The parties disagree as to the quality of plaintiffs work product. … Here, plaintiff asserts that he qualifies as disabled under the first definition.

Fanelli v. New York

51 F. Supp. 3d 219 · District Court, E.D. New York · Aug 18, 2014

The Plaintiff further alleges that Gilmore passed over two other women who were more qualified and experienced than Maniscalco. … In order for a plaintiff to establish a prima facie case of gender discrimination, the plaintiff must establish that (1) she was within a protected class; (2) she was qualified for the position; (3) she was subject to an

Cline v. Bethpage Federal Credit Union

District Court, E.D. New York · Nov 25, 2019

Clearly Established Law a. Was the Law Clearly Established? … The Second Circuit has “repeatedly held” that “a state statute does not serve as ‘clearly established law’ for purposes of qualified immunity” because “a violation of state law does not per