Case law

Glasgow v. Beary

2 F. Supp. 3d 419 · District Court, E.D. New York · Mar 5, 2014

Given the uncertain status of the law, it cannot be said that plaintiffs Fourth Amendment right to be free from a full custodial arrest for a non-criminal traffic infraction was “clearly established” in January 2012, when … If defendant arrested plaintiff after observing him commit a violation of the New York traffic code, he would be entitled to qualified immunity on plaintiffs Fourth Amendment claim. Id.

Ibrahim v. New York State Department of Health

581 F. Supp. 228 · District Court, E.D. New York · Jan 26, 1984

Defendants counter that as departments of the State of New York they are immune from suits under § 1983 by virtue of the Eleventh Amendment. Monell v. … The four named New York State agencies in this case are clearly “part of the State.” Thus, plaintiff’s § 1983 suit against them must be dismissed. 3.

Estiverne v. Esernio-Jenssen

581 F. Supp. 2d 335 · District Court, E.D. New York · Jul 31, 2008

N.Y.S.S.L. § 419 gives these “mandated reporters” qualified immunity from civil liability in connection with reports of suspected child abuse made in “good faith.” 14 Immunity applies so long as reporters “act within the … Finally, [t]he reporting requirements which trigger the qualified immunity provision contained in [N.Y.S.S.L. § 419] are not predicated upon actual or conclusive proof of abuse or maltreatment.

Chernick v. Faya

District Court, E.D. New York · Oct 2, 2024

Qualified immunity is a doctrine that gives officers “breathing room to make reasonable but mistaken judgements” by immunizing them from liability in cases where their conduct does not violate “clearly established” rights … I may grant summary judgment on qualified immunity grounds only if I conclude that (1) Mrs. Chernick’s asserted rights were “not clearly established” or (2) “the evidence is such that . . .

Jimenez v. The City of New York

District Court, E.D. New York · Jan 18, 2024

Qualified immunity attaches “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … While qualified immunity “does not require a case directly on point for a right to be clearly established, existing precedent must have placed the statutory or constitutional question beyond debate.” Kisela v.

Hurd v. City of New York

District Court, E.D. New York · Sep 26, 2019

Alternatively, defendant argues that she is entitled to qualified immunity as there is no clearly established law that proscribed defendant’s conduct.2 (Id. at 9-11.) 2 … “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

Kingsbrook Jewish Medical Center v. Richardson

355 F. Supp. 965 · District Court, E.D. New York · Mar 1, 1973

Defendants argue that the present action is within the doctrine of “sovereign immunity”, and that the suit must fail if the Government has not “consented” to be sued. … Domestic & Foreign Commerce Corp., 337 U.S. 682, 687-688 , 69 S.Ct. 1457, 1460 , 93 L.Ed. 1628 (1949), the Supreme Court said: “[I]t has long been established that the crucial question is whether the relief sought in a suit

Olivan v. City of New York

District Court, E.D. New York · Mar 29, 2024

immunity because it was not clearly established—even on the version of the facts most favorable to plaintiff—that officers lacked reasonable suspicion to conduct a body cavity search under the circumstances presented … The qualified immunity standard affords a measure of protection to officers seeking to apply this legal standard in the field.

Prophete v. N.Y.C. Department of Homeless Services

District Court, E.D. New York · Aug 5, 2024

In response, Officer Andujar invokes qualified immunity, which shields an official from liability in a Section 1983 action unless the asserted right was “clearly established … As explained above, (supra 5), qualified immunity shields an official from liability for violating any constitutional right that was not clearly established at the time of the alleged

Laverpool v. New York City Transit Authority

835 F. Supp. 1440 · District Court, E.D. New York · Oct 31, 1993

Further, as to the suit against Kiley in his individual capacity, there is no evidence that he violated any clearly established rule of law (See Harlow v. … Coughlin, 970 F.2d 1148, 1153 [2d Cir.1992] [right must be clearly established]). He is therefore, alternatively, entitled to dismissal based upon the doctrine of qualified immunity.

Romero v. Courten

District Court, E.D. New York · Sep 16, 2024

immunity, see Defs.’ … 3) that Defendant Courten has not established that he is entitled to qualified immunity as a matter of law.

Emanuel v. Barry

724 F. Supp. 1096 · District Court, E.D. New York · Nov 14, 1989

Griffin thus established that pleading a conspiracy to deny the equal protection of the laws or equal privileges and immunities does not necessarily amount to an invocation of the Fourteenth Amendment, and thus does not require … Although clearly among the "basic rights that the law secures to all free men," Griffin, 403 U.S. at 105 , 91 S.Ct. at 1800 , they are not among the rights the Constitution guarantees against private deprivation.

United States v. Allocco

801 F. Supp. 1000 · District Court, E.D. New York · Sep 24, 1992

Use Immunity to Potential Defense Witness Defendant asks the Court to order the government to grant use immunity un *1004 der 18 U.S.C. § 6002 to Barry E. Babich, a potential defense witness. Mr. … Where a defendant’s intent is clearly at issue, evidence of prior acts may be admissible to prove intent or knowledge. Pitre, 960 F.2d at 1119 ; see United States v.

City of New York v. Beretta U.S.A. Corp.

228 F.R.D. 134 · District Court, E.D. New York · Apr 1, 2005

Once it is established that a provision attaches new legal consequences to events completed before its enactment, the task is to determine whether Congress has expressly prescribed the statute’s proper reach. … The appealed decision was not clearly erroneous. B.

United States v. County of Nassau, Ny

79 F. Supp. 2d 190 · District Court, E.D. New York · Jan 11, 2000

The qualified language in these quotes would be unnecessary if the Government’s exemption from the Tax Injunction Act were as broad as it presently argues here. … The Supreme Court reversed the district court’s application of the “instrumentality” exception to the Tax Injunction Act, finding that case law had clearly established that Indian *194 tribes were not federal instrumentalities

Rafiy v. Nassau County Medical Center

218 F. Supp. 2d 295 · District Court, E.D. New York · Sep 5, 2002

Angelo and Meinhard argue that they are entitled to qualified immunity. … Qualified Immunity Defendants also argue that Meinhard and Angelo are entitled to qualified immunity on all Section 1983-based claims (Counts One through Three).

Small v. City of New York

274 F. Supp. 2d 271 · District Court, E.D. New York · Jul 30, 2003

Qualified Immunity The City and the individual officer defendants argue that qualified immunity protects them from plaintiffs’ substantive due process claim of the right to be free of state created danger because the contours … of the state created danger doctrine are not clearly established in this Circuit.

Capuano v. Fuchs

District Court, E.D. New York · Aug 26, 2024

Court reporters are entitled to qualified immunity from suit for civil damages as long as their conduct does not violate clearly established federal rights. See Curro v. Watson, 884 F. … As discussed above, the plaintiff does not allege any facts suggesting that the court reporters violated any of his clearly established federal rights; accordingly, they are also entitled to qualified immunity from this

Brierly v. Deer Park Union Free School District

359 F. Supp. 2d 275 · District Court, E.D. New York · Mar 23, 2005

To establish a prima facie case of adverse age-discriminatory treatment under the ADEA, a plaintiff must show that; (1) he was within the protected age group (forty or over), (2) was qualified for the position he held or … Beyond his perfunctory arguments regarding the Defendants’ “policy and practice of discrimination” and lack of entitlement to qualified immunity, Brierly does not discuss Section 1983 at all.

Davidson v. Garry

956 F. Supp. 265 · District Court, E.D. New York · Sep 16, 1996

To be sure, in Pierson, the Supreme Court observed that, “[flew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction … The Second Circuit has summarized the Rooker-Feldman doctrine: In short, an inferior federal court established by Congress pursuant to Art.