Case law

Neville v. Dearie

745 F. Supp. 99 · District Court, N.D. New York · Aug 17, 1990

established legal rights.” 7 As with his claims asserted against the Grievance Committee and the Appellate Division defendants, Neville’s claim against Abrams, filed in March of 1987, was dismissed by Judge Weinstein. … Maraio, 722 F.2d 1013 (2d Cir.1983), the Second Circuit held that a court reporter acting at the direction of a judge is immunized from liability under section 1983 by the defense of qualified immunity for actions carried

Baker v. Department of Environmental Conservation

634 F. Supp. 1460 · District Court, N.D. New York · May 16, 1986

The ban on the use of motorized transportation is clearly not an arbitrary limitation imposed by an unthinking body of lawmakers. … Therefore, plaintiffs have failed to establish that the challenged regulations violate their equal protection rights under the U.S. Constitution. 3.

GARENANI v. County of Clinton

552 F. Supp. 2d 328 · District Court, N.D. New York · May 12, 2008

Finally, even if plaintiff had established a constitutional violation (which he has not), defendants Favro and Smith would be entitled to qualified immunity from the federal claim. … 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

Jackson v. Battaglia

63 F. Supp. 3d 214 · District Court, N.D. New York · Dec 3, 2014

“As a general rule, state governments and their agencies may not be sued *220 in federal court unless they have waived their Eleventh Amendment immunity or there has been a valid abrogation of that immunity by Congress.” … Consequently, “SUNY Upstate, as a state instrumentality, is entitled to immunity absent a waiver or abrogation of its Eleventh Amendment Immunity.” Idlisan v. SUNY Upstate Med.

Zdziebloski v. Town of East Greenbush, NY

336 F. Supp. 2d 194 · District Court, N.D. New York · Sep 23, 2004

Each fact listed shall set forth a specific citation to the record where the fact is established.... … As noted above, the Town is not protected by legislative or qualified immunity. Owen v. City of Independence, 445 U.S. 622, 637 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980).

Malerba v. Selsky

872 F. Supp. 1136 · District Court, N.D. New York · Jan 10, 1995

it to exactly the constitutional scrutiny provided under qualified immunity. … Thus, this court finds that the importance of the precedent factor, as it fits into the scheme of hearing disposition review, has not been established to the degree necessary to favor absolute immunity. V.

Beilby

District Court, N.D. New York · Mar 11, 2026

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory … Clearly Established Law “Because qualified immunity is an affirmative defense, . . .

Children First Foundation, Inc. v. Martinez

631 F. Supp. 2d 159 · District Court, N.D. New York · Aug 3, 2007

Additionally, qualified immunity was a *166 keen focus during the oral arguments. … , Judge McCurn found that “[D]efendants have not established that the facts on the face of the [Cjomplaint support a qualified immunity defense.”

Hallock v. United States

253 F. Supp. 2d 361 · District Court, N.D. New York · Mar 21, 2003

SOVEREIGN IMMUNITY It is well established that the United States is entitled to sovereign immunity and can therefore not be sued without its consent. See Honda v. … As plaintiffs' claims clearly do not arise out of the "seizure" of their property, the question is not properly presented in this case. 9 .

Hourihan v. Lafferty

58 F. Supp. 2d 10 · District Court, N.D. New York · Jul 9, 1999

E.Plaintiff’s Fourth Amendment Claim Against Defendant Burns A defendant is entitled to qualified immunity unless a plaintiff demonstrates that the alleged conduct violated a clearly established constitutional right at the … The right to be free from unreasonable searches and seizures was clearly established at the time of the alleged conduct, therefore, defendants are not entitled to qualified immunity. See Home, 178 F.3d at 605 .

Maier v. Good

325 F. Supp. 1268 · District Court, N.D. New York · Apr 30, 1971

affidavit submitted to the school officials, Maier stated that he believed that tenet of the Christian Science Church which “held that the sanctity of the human body cannot be violated by injection” and that he, therefore, qualified … Plaintiffs assume that the statute grants the exemption only to formal members of religious organizations and argue that on its face and as applied to them it violates the establishment clause of the first amendment and the

Roesch

District Court, N.D. New York · Dec 1, 2025

Regarding her argument that she would be entitled to qualified immunity because there is no clearly established law regarding the regulatory appeal process or redaction of an investigative report, Judge Stewart found that … Finally, Luley argues that Judge Stewart defined the clearly established law “at too high a level of generality” and that he did not identify any specific binding precedent clearly establishing that Luley’s alleged conduct

Alleyne v. New York State Education Department

691 F. Supp. 2d 322 · District Court, N.D. New York · Feb 24, 2010

Sovereign Immunity Sovereign immunity bars state constitutional claims against the state, its agencies, or against its employees in their official capacity, regardless of the relief sought. … This interest clearly extends to the academic, emotional, and physical well being of students in the educational setting.

Siano Enders v. Boone

District Court, N.D. New York · Apr 20, 2023

was not clearly established. … The Court did not identify the right at issue for purposes of qualified immunity and determining whether that right was clearly established. (See id. at 27–28).

Terry Daum v. Captain Devlin, Sergeant Cross, and Corrections Officer C. Stickney

District Court, N.D. New York · Feb 6, 2026

Qualified Immunity Qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time … It also follows that, if the corrections officer who conducted the search is entitled to qualified immunity upon the grounds that his _| conduct did not violate clearly established constitutional law, then the supervisors

Whalen v. County of Fulton

941 F. Supp. 290 · District Court, N.D. New York · Sep 26, 1996

Thereafter, defendants moved for partial summary judgment on the plaintiffs’ § 1983 claims on the grounds of qualified immunity. … Montgomery County has also moved in the alternative for summary judgment under-the doctrine of qualified immunity. 5 .

Mete v. New York State Office of Mental Retardation & Developmental Disabilities

984 F. Supp. 125 · District Court, N.D. New York · Nov 6, 1997

Intent to Abrogate In determining whether Congress intended to abrogate the states’ immunity, the court must find that Congress has clearly expressed its “intention to abrogate the Eleventh Amendment in unmistakable language … Accordingly, the court concludes that the first prong of the inquiry is answered in the affirmative with respect to the amendments to the ADEA because Congress clearly expressed its intent to abrogate the states’ immunity

Calkins v. Blum

511 F. Supp. 1073 · District Court, N.D. New York · Apr 15, 1981

Rhodes, 416 U.S. at 247-48 , 94 S.Ct. at 1691-92 , the test for qualified immunity provided: [I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variations being dependent … Assessing the Commissioners’ actions under these criteria, these defendants fall short of establishing a defense of qualified immunity.

Pelchy v. United States

549 F. Supp. 2d 198 · District Court, N.D. New York · Mar 12, 2008

The government has moved to dismiss plaintiffs complaint on the ground that her claims are barred by sovereign immunity. … Substantive Law The FTCA is a limited waiver of the government’s sovereign immunity. It is well settled that “the United States, as sovereign, ‘is immune from suit save as it consents to be sued....’” United States v.

Hulett v. City of Syracuse

253 F. Supp. 3d 462 · District Court, N.D. New York · May 30, 2017

The City defendants’ bid for qualified immunity on these claims is also denied at this juncture. … clearly established at the time [they were] taken”).