Case law

Kabath v. O'Connor

234 F. Supp. 917 · District Court, E.D. New York · Oct 23, 1964

consider (1) the ban of 28 U.S.C.A. § 2283 , 11 prohibiting a Federal court from staying State court proceedings except as expressly authorized by an Act of Congress and (2) the well settled judicial principle of comity, established … Indeed the contrary appears. 12 Wire-Tap Evidence Turning to the alleged violation of Section 605 of the Federal Communications Act, the Supreme Court has clearly stated that Congress did not by its enactment of this section

Adeyi v. United States

489 F. Supp. 2d 187 · District Court, E.D. New York · May 4, 2007

First, the court addresses three potential avenues clearly barred by sovereign immunity under Adeleke . The court then turns to potential avenues not so clearly barred. … The Adeleke court held that sovereign immunity barred Adeleke's claim under the Tucker Act because he could not establish an entitlement obligating "the United States to insure his seized property.” 355 F.3d at 152 .

Donohue v. Marsh

District Court, E.D. New York · Sep 8, 2022

Qualified immunity shields officers from liability unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … A defendant may be liable for failure to intervene only if that “failure permitted fellow officers to violate a [plaintiff’s] clearly established statutory or constitutional rights.” Ricciuti v. N.Y.C.

Dunson v. Tri-Maintenance & Contractors, Inc.

171 F. Supp. 2d 103 · District Court, E.D. New York · Nov 1, 2001

fall within the “qualified privilege.” … Thus, with respect to the defamation claim, Defendants are entitled to summary judgment on the basis of qualified immunity. Accordingly, Dun-son’s Fifth Claim for Relief against Stewart, Stephens and L.F.

M.K. v. The City of New York

District Court, E.D. New York · May 29, 2025

A state official is entitled to qualified immunity unless “(1) . . . [they] violated a statutory or constitutional right, and (2) . . . the right was clearly established at the time of the challenged conduct.” … The qualified immunity test, though, is not that granular.

Ganz

District Court, E.D. New York · Aug 24, 2026

As to the second prong, “[e]ven if an [official] violated a plaintiff's clearly established rights, [the official] will still be entitled to qualified immunity if it was objectively reasonable for him to believe that his … Simply put, until the law on the discretion of officers in firearm licensing regimes is clearly defined and settled, there is no clearly established right that has been violated in the qualified immunity context.

Nunez v. Village of Rockville Centre

District Court, E.D. New York · Feb 22, 2022

City of New York, 331 F.3d 63, 71 (2d Cir. 2003) (“Because qualified immunity is an immunity from suit—not merely an immunity from judgment—assertions of qualified immunity should be addressed as early as possible … Qualified Immunity “Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional

MacDonald v. Schweiker

553 F. Supp. 536 · District Court, E.D. New York · Nov 1, 1982

Attorneys' fees incurred prior to October 1, 1981 Defendant next argues that any recovery of attorneys’ fees for work performed prior to October 1, 1981, is barred by the doctrine of sovereign immunity. … Section 2412(d)(2)(A) provides that “attorneys’ fees shall not be awarded in excess of $75 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified

Ascentive, LLC v. Opinion Corp.

842 F. Supp. 2d 450 · District Court, E.D. New York · Dec 13, 2011

Metrosplash.com., Inc., 339 F.3d 1119, 1123 (9th Cir.2003) (“Under the statutory scheme, an ‘interactive computer service’ qualifies for immunity so long as it does not also function as an ‘information content provider’ for … The defendants are .clearly doing more than making minor alterations to a consumer’s message. They are participating in the process of developing information.

Doherty v. Suffolk County Jail

District Court, E.D. New York · Nov 14, 2023

The Court turns first to Defendants’ argument that Keane is entitled to qualified immunity. … Officials are entitled to summary judgment on qualified immunity grounds if they can establish that either: (1) a constitutional right was not violated, or (2) the 1 Defendants additionally seek summary judgment because

Aghoghoubia v. Noel (Shield No. 1967)

District Court, E.D. New York · May 13, 2020

“Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the de- fendant’s action did not violate clearly established law, or (b) it was objectively reasonable … Defendants bear the burden of establishing qualified immunity. Vincent v. Yelich, 718 F.3d 157, 166 (2d Cir. 2013).

Solarex Corp. v. Arco Solar, Inc.

121 F.R.D. 163 · District Court, E.D. New York · Mar 30, 1988

By contrast, the Society’s proposed privilege is apparently not testimonial in nature but rather a form of qualified immunity from discovery, aimed at barring or limiting pretrial disclosure of matters pertaining to the journal … Board of Higher Education, 692 F.2d 901 , whether the Second Circuit has elevated peer review in the academic tenure context to the status of a qualified privilege, the court clearly showed special concern for the societal

Mitchell v. Smith

481 F. Supp. 22 · District Court, E.D. New York · Oct 3, 1979

However, it is well established in the case law of New York that the constitutional and statutory immunity from double jeopardy is a personal right which may be waived. See, e. g., People v. … The record in this case clearly indicates that petitioner’s attorney at the first trial moved for a mistrial, Trial Transcript at 557, and that the trial judge granted the mistrial in response to that motion, Id. at 559-60

Shah v. Liston

District Court, E.D. New York · Sep 29, 2025

Doe, 332 F.3d 68, 80 (2d Cir.2003) (“The court should charge the jury on [plaintiff's § 1983 claim], but not on qualified immunity. … When material facts pertaining to immunity are in dispute, the appropriate procedure is to allow the jury to resolve any disputed facts that are material to the qualified immunity issue, so that the court may make the “

Langer v. The County Of Suffolk

District Court, E.D. New York · Aug 8, 2019

“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 … As Plaintiff has not demonstrated that Defendants violated a clearly established constitutional right, they are entitled to qualified immunity. IV.

Music Center S.N.C. Di Luciano Pisoni & C. v. Prestini Musical Instruments Corp.

874 F. Supp. 543 · District Court, E.D. New York · Jan 25, 1995

Accordingly, defendants are entitled to Noerr immunity with respect to the 1983 filings. … The proceedings on that petition established that plaintiff had, in fact, been selling keypads at LTFV, and by a greater margin than in the 1983 proceedings.

Mobley v. Matayeva

District Court, E.D. New York · Sep 17, 2020

“Qualified immunity is an affirmative defense that shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … A court may, however, “in its own discretion, refrain from determining whether a constitutional right has been violated and move directly to the question of qualified immunity (i.e., whether a constitutional right was clearly

Rizk v. City of New York

District Court, E.D. New York · Oct 5, 2022

Defendant Mehirdel Is Not Entitled to Qualified Immunity on the Excessive Force Claim “The doctrine of qualified immunity shields public officials … “[W]hen an official raises qualified immunity as a defense, the court must consider whether: (1) . . . the official violated a statutory or constitutional right, and (2) . . . the right was clearly established at the time

In Re Heimerle

788 F. Supp. 700 · District Court, E.D. New York · Mar 19, 1992

In fact, however, Pittsburgh Plate Glass only established that a third party (in that case, the defendant) has no presumptive right to obtain the grand jury minutes of others' testimony. … Clearly, unlike an immunized witness, a witness who claims the fifth amendment privilege (with no subsequent grant of immunity) is not subject to a perjury prosecution. [2] It is true that a number of courts have observed

Fraser v. New York

769 F. Supp. 91 · District Court, E.D. New York · Aug 7, 1991

The burden rests on the moving party to clearly establish the absence of a genuine issue as to any material fact, Adickes v. S.H. … To establish a prima facie case of racial discrimination, the plaintiff must present evidence that: 1) he is in a protected racial group; 2) he was qualified for the job; 3) he was discharged; and 4) the discharge occurred