Case law

Spano v. McAvoy

589 F. Supp. 423 · District Court, N.D. New York · Jun 15, 1984

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the unknown individual defendant would most probably escape liability for civil damages because the erasure of the tapes did not violate clearly established … (Although Harlow involved federal executive officials, the Harlow Court intimated that the same standard for qualified immunity would hold for state executive officials. See id. at 818 n. 30, 102 S.Ct. at 2738 n. 30.

Butler v. Hesch

286 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

Estes-El v. Town of Indian Lake

954 F. Supp. 527 · District Court, N.D. New York · Feb 4, 1997

The first of these arguments is clearly without merit. … Addressing this same issue, the Second Circuit held that “[tjhere is no immunity defense, either qualified or absolute, available to a municipality sought to be held liable under 42 U.S.C. § 1983 .” Goldberg v.

Selevan v. New York Thruway Authority

470 F. Supp. 2d 158 · District Court, N.D. New York · Jan 18, 2007

In every federal case, the party seeking to invoke federal jurisdiction must establish standing to prosecute the action. See Lujan v. … Selevan The binding precedent clearly provides that a resident of a State may not sue his own State under the P & I Clause.

Werkheiser v. Village of Waverly

District Court, N.D. New York · Sep 23, 2025

qualified immunity. … To defeat qualified immunity a plaintiff must show that (1) the official violated a statutory or constitutional right (2) that was "clearly established" at the time of the challenged conduct. Francis v.

Droz v. Estate of Anderson

529 F. Supp. 2d 368 · District Court, N.D. New York · Jan 7, 2008

Finally, McCadden argues that he is entitled to qualified immunity. However, the existing questions of material fact as outlined above foreclose a grant of summary judgment. C. … It is somewhat surprising that these claims were not brought against Herder, since she would not be entitled to judicial immunity for acts such as these, clearly in absence of jurisdiction and without basis in law.

Britt v. Doe

District Court, N.D. New York · Mar 26, 2024

Applicable Law Qualified immunity protects officials from damages liability if their “conduct ‘does not violate clearly established statutory or constitutional rights … “Since it is not disputed here that freedom from false arrest [and] from malicious prosecution . . . are all clearly established rights, the question of qualified immunity in this case turns on whether the actions of [defendant

Oneida Indian Nation of New York v. Madison County

401 F. Supp. 2d 219 · District Court, N.D. New York · Oct 27, 2005

Accordingly, sovereign immunity bars suits against Indian tribes unless the tribe has clearly waived its immunity or the immunity has been abrogated by Congress. Id. (citing Santa Clara Pueblo v. … Injunctive and Declaratory Relief A party seeking injunctive relief must establish the inadequacy of any remedy at law and irreparable harm. Northern Cal. Power Agency v.

Tafari v. McCarthy

714 F. Supp. 2d 317 · District Court, N.D. New York · May 24, 2010

Qualified Immunity Defendants argue that they are entitled to qualified immunity. (Defs.’ Br. at 23.) … “As the third part of the test provides, even where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it

Martin v. New York State Department of Correctional Services

224 F. Supp. 2d 434 · District Court, N.D. New York · Sep 26, 2002

The State Defendants move for summary judgment on the grounds of lack of personal involvement, failure to state a cause of action and qualified immunity. … The State Defendants alternatively move for summary judgment on the ground of qualified immunity.

Cea v. Ulster County

309 F. Supp. 2d 321 · District Court, N.D. New York · Mar 12, 2004

When an arresting officer acts in good faith, reasonably believing that his actions do not violate any clearly established rights, that officer will be protected by qualified immunity. See Noel v. … However, the question of whether there was probable cause for the arrest is not necessary for the resolution of Plaintiff's false arrest claims because Defendants Cunningham and Remsen are entitled to qualified immunity.

Centonze v. Munson

District Court, N.D. New York · Feb 13, 2020

A public official is entitled to qualified immunity where his or her conduct does not implicate a constitutional right or where the conduct at issue does not violate a clearly established constitutional right. … "Although a mere mistake in the performance of an official duty may not deprive the officer of qualified immunity, the doctrine does not shield performance that either (a) was in violation of clearly established law, or (

Ruhlmann v. Ulster County Department of Social Services

234 F. Supp. 2d 140 · District Court, N.D. New York · Nov 26, 2002

Qualified immunity Defendants Townsend, Beckman, McGregor, Steres, Ginsberg, Smith, and Puglisi all allege that, regardless of the court’s determination on the “state actor” issue, they are entitled to qualified immunity … Thus, if defendants’ conduct was objectively reasonable, they are protected by qualified immunity.

Realbuto v. Howe

872 F. Supp. 1103 · District Court, N.D. New York · Nov 8, 1993

Realbuto, who suffers from a hearing impairment and chronic fatigue immunity deficiency syndrome, alleges that the defendants discriminated against her on the basis of her handicaps in violation of Section 504 of the Rehabilitation … The Court notes that the statute now uses the term “qualified individual with a disability" rather than "qualified individual with handicaps.”

Lynch v. Barker

District Court, N.D. New York · Nov 21, 2022

not clearly established at the time of the violation, or that it was objectively reasonable for [the defendants] to believe the conduct at issue was lawful"); Ismael v. … June 2, 2020) (recommending that the reviewing court should find that the defendants were not entitled to qualified immunity because "it was well-established ... that prison inmates were not to be subjected to excessive

Todd v. Endurance Am. Ins. Co.

596 B.R. 79 · District Court, N.D. New York · Jan 17, 2019

Upon review of the bankruptcy court's thorough examination of the record and the parties' submissions, the Court finds that its factual determinations are not clearly erroneous. … Instead, "qualified" should be read to include only accounts that receive the same tax treatment as accounts established by individuals for their own retirement, which would not impermissibly exempt inherited IRAs.

Hicks v. The City of Syracuse

District Court, N.D. New York · Mar 31, 2020

As such, the Court found that qualified immunity did not apply at the summary judgment stage. … They allege that the facts do not support a finding then that Defendants were not entitled to qualified immunity because the undisputed facts establish that Plaintiff attempted to crawl away from officers as they tried to

Atlantic Legal States Foundation v. Babbit

83 F. Supp. 2d 344 · District Court, N.D. New York · Feb 8, 2000

In light of Alden and its progeny, clearly plaintiffs’ Supremacy Clause argument is unavailing. … ,] hut something of a misnomer,” for: [t]he Eleventh Amendment confirmed rather than established sovereign immunity as a constitutional principle; it follows that the scope of the States’ immunity from suit is demarcated

Douglas v. New York State Adirondack Park Agency

895 F. Supp. 2d 321 · District Court, N.D. New York · Sep 11, 2012

by the doctrine of qualified immunity for the following two alternative reasons: (1) the facts, even viewed in the light most favorable to Plaintiffs, do not establish a constitutional violation, because (for the reasons … the appellees are entitled to qualified immunity.”). .

National Rifle Association of America v. Cuomo

District Court, N.D. New York · Sep 15, 2023

Moreover, the Circuit concluded, “even assuming that Vullo’s actions and statements were somehow coercive,” Vullo was entitled to qualified immunity because her conduct “did not violate clearly established law.” Id. … was not clearly established and any First Amendment violation would not have been apparent to a reasonable official at the time.”