Case law

Husain v. Springer

336 F. Supp. 2d 207 · District Court, E.D. New York · Sep 2, 2004

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), they are entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable … For a constitutional right to be ‘clearly established’ for purposes of determining whether an officer is entitled to qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would

Dockery v. Tucker

73 F. Supp. 2d 224 · District Court, E.D. New York · Sep 24, 1998

As discussed above, Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v. … As discussed above, defendant Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v.

Lovell v. Comsewogue School District

214 F. Supp. 2d 319 · District Court, E.D. New York · Aug 15, 2002

Qualified Immunity In two sentences, the defendants argue that Defendant Rella’s conduct is shielded by qualified immunity. … The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would

Bradway v. Town of Southampton

826 F. Supp. 2d 458 · District Court, E.D. New York · Dec 1, 2011

Qualified Immunity The individual defendants argue, in the alternative, that they are entitled to summary judgment on qualified immunity grounds with respect to the medical indifference claim under the Fourteenth Amendment … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them

Mason v. Village of Babylon, New York

124 F. Supp. 2d 807 · District Court, E.D. New York · Dec 20, 2000

clearly established constitutional rights. … At the very least, McManus is clearly entitled to qualified immunity on the false arrest claim. McManus was informed of an outstanding warrant and acted thereupon.

Grancio v. De Vecchio

608 F. Supp. 2d 362 · District Court, E.D. New York · Mar 27, 2009

Grancio’s favor) clearly establish these Defendants’ direct involvement in the murder of Nicholas Grancio in concert with Scarpa their informant and, demonstrate unequivocally a violation of the by then clearly established … Qualified Immunity A government official is entitled to qualified immunity “if he did not violate clearly established law or it was objectively reasonable for him to believe that he was not violating clearly established law

Nassau County Employee "L" v. County of Nassau

345 F. Supp. 2d 293 · District Court, E.D. New York · Nov 29, 2004

“The *301 qualified immunity doctrine shields ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “In determining whether a particular legal principle was ‘clearly established’ for purposes of qualified immunity,” the Second Circuit has considered three factors: “whether the right was defined with reasonable specificity

Greenaway v. County of Nassau

97 F. Supp. 3d 225 · District Court, E.D. New York · Mar 31, 2015

The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” Garcia, 43 F.Supp.3d at 289 . … .-, 134 S.Ct. 1861, 1866 , 188 L.Ed.2d 895 (2014) (noting that courts evaluating qualified immunity must “draw[] inferences in favor of the nonmovant, even when ... a court decides only the clearly-established prong of the

Zellner v. Summerlin

399 F. Supp. 2d 154 · District Court, E.D. New York · Sep 6, 2005

Qualified immunity “shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … qualified immunity, the Court must consider whether the officers “reasonably should have comprehended that their specific actions transgressed that ‘clearly established’ right.”

Mandola v. County of Nassau

222 F. Supp. 3d 203 · District Court, E.D. New York · Sep 30, 2016

and qualified immunity doctrines. … Defendants are not entitled to qualified immunity.

McNamara v. City of Long Beach

249 F. Supp. 3d 684 · District Court, E.D. New York · Apr 21, 2017

“Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … These facts inform whether defendants violated a clearly established right of the plaintiffs. As a result, the Court cannot dismiss plaintiffs claims at this stage based on qualified immunity.

Soto v. City of New York

132 F. Supp. 3d 424 · District Court, E.D. New York · Sep 18, 2015

Accordingly, *444 Bonilla is not entitled to absolute immunity. 32 ii. Qualified Immunity Even if absolute immunity does not apply, the doctrine of qualified immunity may bar a plaintiffs claims. … Accordingly, even if Defendants could not establish probable cause, they would be entitled to qualified immunity as to Plaintiffs false arrest claims.

Sheppard v. Leuze

District Court, E.D. New York · Jun 27, 2022

Finally, the court notes that many cases involving an order to leave a home “are decided on qualified immunity grounds.” … App’x 811, 813 (2d Cir. 2013) (explaining that a defendant “faces a formidable hurdle” in raising qualified immunity at the motion to dismiss stage because entitlement to immunity must be

Jackson v. City of New York

939 F. Supp. 2d 235 · District Court, E.D. New York · Apr 16, 2013

Defendants Are Not Entitled to Qualified Immunity “The doctrine of qualified immunity shields public officials performing *255 discretionary functions from civil liability insofar as their conduct does not violate clearly … are entitled to qualified immunity.

Demarco v. Sadiker

897 F. Supp. 693 · District Court, E.D. New York · May 22, 1995

Thus, Savacool does not support defendant’s claim that plaintiff has failed to establish a constitutional violation, but only the proposition that qualified immunity protects officials from merely negligent violations. … reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

WARY v. City of New York

340 F. Supp. 2d 291 · District Court, E.D. New York · Oct 18, 2004

“[E]ven where the plaintiff’s federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him … Officer Weller is entitled to qualified immunity for the malicious prosecution claim.

Verbeek v. Teller

158 F. Supp. 2d 267 · District Court, E.D. New York · Aug 21, 2001

Qualified immunity shields government officials from liability for civil damages if the challenged action “[did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Thus, a government official claiming qualified immunity bears the burden of proving (1) that the conduct alleged did not violate clearly established rights of which a reasonable person would have known, or (2) that it was

Howard v. Headly

72 F. Supp. 2d 118 · District Court, E.D. New York · Oct 25, 1999

Qualified Immunity The State argues that the defendants are entitled to qualified immunity. … “Even where a right is clearly established, an official is entitled to qualified immunity nevertheless if ‘it was objectively reasonable for the public official to believe that his acts did not violate th[at] right[ ].’ ”

Harris v. County of Nassau

581 F. Supp. 2d 351 · District Court, E.D. New York · Sep 29, 2008

Qualified Immunity In addition to arguing that probable cause bars the false arrest and false imprisonment claims, the arresting officers argue that the claims against them are barred by qualified immunity. … Qualified immunity bars an action against a government official where the conduct alleged “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Ostroski v. Town of Southold

443 F. Supp. 2d 325 · District Court, E.D. New York · Jul 21, 2006

conviction to the extent they have relevance to the qualified immunity issue relating to the obstruction charge. … Katz, 533 U.S. 194 , 206, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), but the violation of a clearly established right for which qualified immunity is unavailable.