Case law

Bach v. Pataki

289 F. Supp. 2d 217 · District Court, N.D. New York · Sep 23, 2003

By his affidavit, plaintiff has established facts demonstrating that as a matter of law he does not qualify for a permit under section 400.00 of New York’s Penal Law by its plain terms and as it has been construed by New … New York clearly has a strong interest in licensing firearms.

Ahern v. City of Syracuse

411 F. Supp. 2d 132 · District Court, N.D. New York · Jan 13, 2006

Qualified Immunity Defendants assert that Officers Goodeve and Hanley are entitled to qualified immunity because they acted in good faith and in accordance with the law. … [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

Wandering Dago Inc. v. New York State Office of General Services

992 F. Supp. 2d 102 · District Court, N.D. New York · Jan 15, 2014

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. … Although the OGS Defendants may eventually establish that they are entitled to qualified immunity, they have failed to convince the Court that it is appropriate at this time. IV.

Tavares v. Amato

954 F. Supp. 2d 79 · District Court, N.D. New York · Jun 18, 2013

Qualified Immunity Defendants also contend that they are entitled to qualified immunity. … Qualified immunity generally protects governmental officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Deferio v. City of Syracuse

306 F. Supp. 3d 492 · District Court, N.D. New York · Jan 31, 2018

Qualified immunity entitles public officials to freedom from liability for civil damages, as a result of the consequences of the performance of their discretionary duties, when "their conduct does not violate clearly established … Therefore, Sweeny is not entitled to qualified immunity. B.

Dawkins v. Williams

511 F. Supp. 2d 248 · District Court, N.D. New York · Sep 27, 2007

Defendant’s Qualified Immunity Defense “Once qualified immunity is pleaded, plaintiffs complaint will be dismissed unless defendant’s alleged conduct, when committed, violated ‘clearly established statutory or constitutional … 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

Schaurer v. Fogg

885 F. Supp. 28 · District Court, N.D. New York · Jan 11, 1995

qualified immunity. … “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

Bruneau Ex Rel. Schofield v. South Kortright Central School District

935 F. Supp. 162 · District Court, N.D. New York · Jul 25, 1996

Qualified Immunity Although the Court need not determine the issue of qualified immunity, it nevertheless will consider the issue at this time. … “The right the government official is alleged to have violated is ‘clearly established,’ and hence beyond any qualified immunity, when the ‘contours’ of the right are sufficiently unambiguous so that a reasonable official

Gaston v. Coughlin

81 F. Supp. 2d 381 · District Court, N.D. New York · Nov 3, 1999

Qualified Immunity The Court holds that the Defendants are not entitled to qualified immunity to liability in this action. … Qualified immunity may not stand as an insurmountable bar to the vindication of such rights, when the claim to qualified immunity rests on factual assertions that the Court rejects in favor of Plaintiffs denials that he engaged

Garcia v. Senkowski

919 F. Supp. 609 · District Court, N.D. New York · Mar 20, 1996

Qualified Immunity “Government officials performing discretionary functions generally are shielded from liability for cml damages insofar as their conduct does not violate clearly established statutory or constitutional rights … 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

Hines v. City of Albany

542 F. Supp. 2d 218 · District Court, N.D. New York · Feb 8, 2008

The government official, for his part, may assert the personal immunity defense of qualified immunity. See id. … expend much time considering Defendants’ qualified immunity defense at this stage.

Vega v. Artus

610 F. Supp. 2d 185 · District Court, N.D. New York · Mar 26, 2009

J.Defendant’s Qualified Immunity Defense Defendants raise the affirmative defense of qualified immunity. Dkt. No. 43-2 at 17-19. … “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

Lyman v. City of Albany

597 F. Supp. 2d 301 · District Court, N.D. New York · Feb 13, 2009

Qualified Immunity In the alternative, Defendant’s summary judgment Motion is granted and the remaining claim against him is dismissed on the basis of qualified immunity. … The defense of qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Kowaleski v. Lewis

643 F. Supp. 2d 259 · District Court, N.D. New York · Aug 13, 2009

, and deny qualified immunity. … Plaintiff adduced sufficient factual evidence of violations of clearly established constitutional rights to avoid qualified immunity to the defendants as a matter of law.

Morin v. Tormey

620 F. Supp. 2d 353 · District Court, N.D. New York · Jun 3, 2009

Fourth, they maintain they are entitled to qualified immunity as a matter of law. … Finally, defendants are not entitled to either qualified or sovereign immunity.

Fortunatus v. Clinton County

937 F. Supp. 2d 320 · District Court, N.D. New York · Apr 4, 2013

Qualified Immunity Giroux has pled as an affirmative defense of qualified immunity which is raised again in their Motion. … qualified immunity.”

Greiner v. County of Greene

811 F. Supp. 796 · District Court, N.D. New York · Jan 28, 1993

immunity. … Qualified Immunity of Sheriff Daucher The defendants contend that Sheriff Daucher is qualifiedly immune from suit on the malicious prosecution and false arrest causes of action.

Castillo v. Stockman

District Court, N.D. New York · Jun 25, 2024

claims must be dismissed because Defendants are entitled to qualified immunity. Dkt. No. 14-4 at 14-15; Dkt. No. 20-1 at 13-14.3 The Court agrees with both arguments. … probable cause, they at least establish “arguable probable cause,” entitling Defendants to qualified immunity and defeating Plaintiff’s First and Fourth Amendment claims based on false arrest.

Eldars v. State University of New York at Albany

District Court, N.D. New York · May 19, 2020

Additionally, it is well established that Congress did not express an intent to abrogate the states’ sovereign immunity for cases arising under 42 U.S.C. § 1983. See Will v. … of 42 U.S.C. § 1983 and did not clearly express intent to abrogate the states’ sovereign immunity); Dube, 900 F.2d at 594-95 (holding that the Eleventh Amendment precluded an action pursuant to 42 U.S.C

Smith v. Taylor

503 F. Supp. 2d 538 · District Court, N.D. New York · May 31, 2006

Qualified Immunity The Court now turns to Defendants’ claim of qualified immunity, which the Court will address as it relates to Plaintiffs claims of constitutional violations stemming from the strip frisk/search. … 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.