Case law
Opinions from 1658 to today.
2,281 results
0.89s
Johnson v. STATE DEPT. OF CORRECTIONAL SERVICES
709 F. Supp. 2d 178 · District Court, N.D. New York · Apr 30, 2010
Halderman, 465 U.S. 89, 100-101 , 104 S.Ct. 900, 908 , 79 L.Ed.2d 67 (1984) (holding that states and their respective agencies are immune from suits brought by citizens in federal court "regardless of the nature of the relief … Absent any allegation of a state officer's personal involvement, simply naming him as a defendant is nothing more than "making him a party as a representative of the state" in an effort to circumvent the state's sovereign immunity
Cited 5 timesPublishedDistrict Court, N.D. New York · Oct 23, 2023
Clearly established law cannot be defined at a high level of generality; instead, the inquiry focuses on the “specific factual situation the officers confronted, and the defendants will be entitled to qualified immunity … Sheehan, 575 U.S. 600, 613 (2015) (“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.”); Ashcroft v. al-Kidd, 563
Cited 0 timesUnknown948 F. Supp. 2d 271 · District Court, N.D. New York · Jun 7, 2013
Various courts throughout the County are charged with appointing attorneys from these panels to represent indigent criminal defendants who qualify for free legal services. … It is well-established that judges enjoy “absolute immunity from suits for money damages for their judicial actions.” Bliven v. Hunt, 579 F.3d 204, 209 (2d Cir.2009).
Cited 15 timesPublishedDistrict Court, N.D. New York · Jul 23, 2026
Qualified immunity shields government officials from civil damages liability unless either (1) the official violated a statutory constitutional right, and (2) the right was “clearly established” at the time of the challenged … if so, whether that right was “clearly established”; and (3) even if the right was “clearly established,” whether it was “objectively reasonable for the officer to believe the conduct at issue was lawful.”
Cited 0 timesUnknown47 F. Supp. 2d 303 · District Court, N.D. New York · May 4, 1999
Even if defendants acted without probable cause, for the reasons discussed, they would be entitled to qualified immunity because it was objectively reasonable for defendants to believe that their acts did not violate plaintiffs … Accordingly, Moon is entitled to qualified immunity. III. CONCLUSION For the foregoing reasons, defendants’ motion for summary judgment is GRANTED and the Complaint is DISMISSED in its entirety. IT IS SO ORDERED
Cited 0 timesPublished549 F. Supp. 399 · District Court, N.D. New York · Oct 21, 1982
An order was then issued denying defendants’ motion for summary judgment with leave to renew, and inviting in particular information with respect to defendants’ assertion of qualified immunity under Butz v. … As a result of our conclusions it has not been necessary to reach the defendant’s assertions of qualified immunity. 1 The events leading to this action arise out of Avitzur’s employment as a researcher in metallurgical sciences
Cited 3 timesPublished914 F. Supp. 828 · District Court, N.D. New York · Feb 2, 1996
If it meets the test, there is no violation of the Establishment Clause. … Qualified Immunity Given the foregoing discussion, the court need not address the issue of qualified immunity at this time. III.
Cited 7 timesPublished241 F. Supp. 297 · District Court, N.D. New York · Apr 15, 1965
The worth of Rule 14 and its general purposes out *300 lined are clearly just as impressive and useful in litigation involving a third-party State defendant as an individual or company one: “ * * * to avoid two actions which … However, I find nothing in existing law or in the agreement as written that would justify a ruling that New York waived its sovereign immunity from suit of its own citizens, or waived or surrendered such immunity to subject
Cited 8 timesPublishedDistrict Court, N.D. New York · Mar 27, 2020
did not pose a threat was clearly established. … Finally, Plaintiffs argue that because the Court could not locate caselaw that clearly established the illegality of Riley’s actions, qualified immunity should have been denied because it was clearly established that Gordon
Cited 0 timesUnknownDistrict Court, N.D. New York · Nov 1, 2022
Consequently, qualified immunity shields “public officials from liability for civil damages when one of two conditions are satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively … Instead, Defendants argue that they are entitled to qualified immunity because Defendants did not violate clearly established federal law, or alternatively, it was objectively reasonable for Defendants to believe their
Cited 0 timesUnknownBoard of Education of the Pawling Central School District v. Schutz
137 F. Supp. 2d 83 · District Court, N.D. New York · Apr 3, 2001
They also move to dismiss the complaint against SRO Munoz on the grounds of qualified and absolute immunity. The individual defendants also move to dismiss the IDEA claim against them pursuant to Fed. … In addition, defendants argue that SRO Munoz is entitled to absolute and/or qualified immunity as a "quasi-judicial” official.
Cited 8 timesPublished629 F. Supp. 1328 · District Court, N.D. New York · Jul 5, 1985
Legislative Immunity The Supreme Court has established that members of a state legislature enjoy absolute immunity from civil damages actions when acting within “the sphere of legitimate legislative activity.” … such employment from the scope of immunity.
Cited 23 timesPublishedDistrict Court, N.D. New York · Aug 13, 2026
“When a plaintiff shows facts making out a violation of a constitutional right, a defendant may establish the affirmative defense of qualified immunity by demonstrating that (1) the right was not ‘clearly established’ or … There, the Second Circuit held that the defendant officers were entitled to qualified immunity because the plaintiff had “not shown that police officers violate clearly established law by allowing a canine bite to continue
Cited 0 timesUnknownDistrict Court, N.D. New York · Jul 6, 2022
"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 … "Even if the force is objectively unreasonable, an officer may still be eligible for qualified immunity if it was objectively reasonable for the officer to believe that her action did not violate clearly established law."
Cited 0 timesUnknown754 F. Supp. 2d 423 · District Court, N.D. New York · Nov 16, 2010
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 … Accordingly, the court denies defendants’ motions on the issue of qualified immunity. F.
Cited 2 timesPublishedNoga v. City of Schenectady Police Officers
169 F. Supp. 2d 83 · District Court, N.D. New York · Oct 9, 2001
Defendant Lewis also argues for summary judgment on the ground of qualified immunity. … Qualified immunity is allowed for a police officer when it was " 'objectively reasonable’ for him to believe that his actions were lawful at the time of the challenged act.” Lennon v.
Cited 11 timesPublished950 F. Supp. 478 · District Court, N.D. New York · Jan 2, 1997
Finally, the plaintiff must establish that the' conduct was unwelcome. Vinson, 477 U.S. at 68 , 106 S.Ct. at 2406 . These elements, once established, combine to show an abusive work environment. … In order to establish the prima facie case, plaintiff must demonstrate that: (i) [s]he is a member of a protected class; (ii) [s]he was qualified for the position; (iii) [s]he was subjected to an adverse employment decision
Cited 18 timesPublishedFrasier v. U.S. Department of Health & Human Services
779 F. Supp. 213 · District Court, N.D. New York · Nov 25, 1991
Sovereign Immunity 1. Background A common thread running through the government’s motion to dismiss is the doctrine of sovereign immunity. … Such regulations and procedures shall clearly indicate that obscenity is without artistic merit, is not protected speech, and shall not be funded.
Cited 5 timesPublishedFranzon v. Massena Memorial Hospital
485 F. Supp. 2d 148 · District Court, N.D. New York · May 7, 2007
All defendants allege they are entitled to qualified immunity. … clearly established at the time of the defendant’s conduct; or (2) the defendant's action was objectively reasonable in light of the clearly established legal rules then in effect.”
Cited 1 timesPublished286 F. Supp. 3d 337 · District Court, N.D. New York · Feb 15, 2018
Qualified Immunity Both the ATF and the Schenectady Defendants contend that they are entitled to qualified immunity as to the malicious prosecution claim because "arguable probable cause" existed. See Dkt. … Pursuant to the doctrine of qualified immunity, a police officer may still avoid liability even if his actions did not conform to constitutional standards where " '(1) his conduct does not violate clearly established statutory
Cited 12 timesPublished
Ask Donna