Case law

Wilkinson v. Lewis

289 F. Supp. 3d 371 · District Court, N.D. New York · Feb 5, 2018

Qualified Immunity Defendants "are entitled to qualified immunity if they can establish either that (1) a constitutional right was not violated or (2) the right was not clearly established." Royal Crown Day Care LLC v. … immunity as a matter of law. 3 Though unclear whether defendants seek qualified immunity with respect to the excessive force claim, "[s]ince the law in this area is well-established, in Fourth Amendment unreasonable force

Dallio v. Hebert

678 F. Supp. 2d 35 · District Court, N.D. New York · Jul 28, 2009

“Once qualified immunity is pleaded, plaintiffs complaint will be dismissed unless defendant’s alleged conduct, when committed, violated ‘clearly established statutory or constitutional rights of which a reasonable person … Wolff, 985 F.2d 662, 666 (2d Cir.1993) (qualified immunity protects defendants "even where the rights were clearly established, if it was objectively reasonable for defendants to believe that their acts did not violate those

Bath Petroleum Storage, Inc. v. Sovas

136 F. Supp. 2d 52 · District Court, N.D. New York · Mar 21, 2001

Plaintiffs Fourth Cause of Action The affirmative defense of qualified immunity “shields public officials from liability for their discretionary acts that do ‘not violate clearly established statutory or constitutional rights … Defendant Pearson claims that because he is, in effect, a prosecutor, absolute immunity protects him from this claim. In the alternative, he argues that qualified immunity protects him from any liability for this claim.

Lugo v. Senkowski

114 F. Supp. 2d 111 · District Court, N.D. New York · Sep 25, 2000

C.Qualified Immunity Defendants argue that they are entitled to qualified immunity. … The affirmative defense of qualified immunity “shields public officials from liability for their discretionary acts that do ‘not violate clearly established statutory or constitutional rights of which a reasonable person

Kilcullen v. New York State Department of Transportation

33 F. Supp. 2d 133 · District Court, N.D. New York · Jan 19, 1999

It is well-established that immunity under the Eleventh Amendment “affects our subject matter jurisdiction.” Atlantic Healthcare Benefits Trust v. … It is now established that Congress may abrogate the States’ Eleventh Amendment sovereign immunity only by the power vested to it under § 5 of the Fourteenth Amendment.

Billups v. New York State

885 F. Supp. 38 · District Court, N.D. New York · Mar 21, 1995

Moreover, the privilege of qualified immunity provides an additional reason for denying this claim. … Once qualified immunity is pleaded, as it has been in this action, public officials performing discretionary functions are protected from personal liability unless their conduct “violate[s] clearly established statutory or

Auleta v. LaFrance

233 F. Supp. 2d 396 · District Court, N.D. New York · Nov 20, 2002

Qualified Immunity “Qualified immunity shields public officials from liability for civil damages if their actions were objectively reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at … The qualified immunity defense is available when “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

Swindell v. NEW YORK STATE DEPT. OF ENVIRON. CON.

371 F. Supp. 2d 172 · District Court, N.D. New York · May 2, 2005

The sole basis for Defendants' motion is that they are entitled to qualified immunity. … Qualified Immunity Roderick, the sole remaining defendant in this action, seeks summary judgment on the claims against him on the basis of qualified immunity.

Bornschein v. Herman

304 F. Supp. 3d 296 · District Court, N.D. New York · Jan 18, 2018

"[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are 'shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … An officer is entitled to qualified immunity on claims of false arrest and malicious prosecution where he had " 'arguable' probable cause" to arrest or prosecute. Caraballo v.

Brown v. City of Utica

854 F. Supp. 2d 255 · District Court, N.D. New York · Apr 12, 2012

Qualified Immunity of Paladino Even if defendants’ conduct on January 6, 2010, arguably violated plaintiffs clearly established right to be free from unreasonable searches, defendant Paladino is entitled to qualified immunity … Police officers are immune from suit if it was objectively reasonable for them to believe their conduct did not violate clearly established constitutional rights. Lennon v. Miller, 66 F.3d 416, 418 (2d Cir.1995).

Alexander v. Schenk

118 F. Supp. 2d 298 · District Court, N.D. New York · Sep 29, 2000

Defendants’ Claim of Qualified Immunity Defendants argue that they are entitled to qualified immunity. … The affirmative defense of qualified immunity “shields public officials from liability for their discretionary acts that do ‘not violate clearly established statutory or constitutional rights of which a reasonable person

Reinhart v. City of Schenectady Police Department

599 F. Supp. 2d 323 · District Court, N.D. New York · Feb 10, 2009

Qualified Immunity 9 Glasser and Updyke are entitled to qualified immunity if either (a) their actions did not violate clearly established law, or (b) it was objectively reasonable for them to believe that their actions did … Accordingly, Updyke is entitled to qualified immunity. D.

Cipolla v. County of Rensselaer

129 F. Supp. 2d 436 · District Court, N.D. New York · Jan 11, 2001

The doctrine of qualified immunity shields government officials from suit for acts undertaken in the course of their duties if “their conduct does not violate clearly established statutory or constitutional rights of which … When a right is clearly established, qualified immunity attaches “insofar as it was objectively reasonable to believe that [the government agent’s] acts did not violate these rights.” Calamia v.

Donohue v. Baker

976 F. Supp. 136 · District Court, N.D. New York · Sep 5, 1997

(a) Qualified Immunity “Government actors performing discretionary functions are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Defendants Brown and Wing also assert that they are entitled to qualified immunity with respect to this claim.

Grant v. City of Syracuse

357 F. Supp. 3d 180 · District Court, N.D. New York · Feb 8, 2019

(c) Qualified Immunity . … Grant's clearly established rights, and therefore, they were not entitled to qualified immunity with regards to Mr. Grant's false arrest claims.

Cinema Art Theater, Inc. v. City of Troy

810 F. Supp. 2d 489 · District Court, N.D. New York · Aug 26, 2011

As the Second Circuit has explained, “[t]he doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate ‘clearly established statutory or constitutional … immunity. 2 Accordingly, Reeves and Garrett’s motions are denied insofar as they seek summary judgment on qualified immunity grounds.

Lyman v. NYS OASAS

928 F. Supp. 2d 509 · District Court, N.D. New York · Feb 26, 2013

Qualified immunity Qualified immunity protects government officials from liability when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (holding that qualified immunity is not merely immunity from damages but also “immunity from suit”).

Dawkins v. Williams

413 F. Supp. 2d 161 · District Court, N.D. New York · Feb 7, 2006

Qualified Immunity The Court now turns to Defendants’ claim of qualified immunity for Williams. … Qualified immunity shields official actors from civil liability, except where they have violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” See Rodriguez v.

Waldron v. Rotzler

862 F. Supp. 763 · District Court, N.D. New York · Sep 27, 1994

Amendment because they are shielded by qualified immunity. … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

Noga v. Potenza

221 F. Supp. 2d 345 · District Court, N.D. New York · Sep 4, 2002

Qualified Immunity Both Potenza and Lewis asserted claims of qualified immunity at trial. The jury was instructed on the issue without objection, Jury Instructions at 25-27, and specifically rejected these claims. … Qualified immunity protects government officials from civil liability if “it was objectively reasonable for them to believe their acts did not violate ...” clearly established rights. Provost v.