Case law

NEW YORK ST. DEPT. OF ENV. CONS. v. Dept. of Energy

772 F. Supp. 91 · District Court, N.D. New York · Aug 13, 1991

This well settled rule, first established by Chief Justice Marshall in M'Culloch v. … Shaw, 478 U.S. 310 , 106 S.Ct. 2957 , 92 L.Ed.2d 250 *105 (1986), the Supreme Court specifically held that waivers of sovereign immunity with respect to interest awards must be clearly expressed by Congress in addition to

Brown v. Middaugh

41 F. Supp. 2d 172 · District Court, N.D. New York · Feb 19, 1999

Paravati maintains he is entitled to qualified immunity, but whether he is so entitled also is a question of fact. … “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

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.”

Hester v. Albany County District Attorney

District Court, N.D. New York · Aug 30, 2023

Government officials are protected from civil liability under qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Where an officer must “have reasonable suspicion before undertaking a search, [he] is entitled to qualified immunity unless [a court] can say on the somewhat unique facts before [it] that it is clearly established that

BOARD OF EDUC., PAWLING CENTRAL SCHOOL 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. … immunity as a "quasi-judicial" official.

Wright v. Genovese

694 F. Supp. 2d 137 · District Court, N.D. New York · Mar 9, 2010

immunity. … Qualified Immunity Plaintiffs Genovese, Capone, and Wright have argued that they are entitled to qualified immunity because they “acted reasonably” in providing medical treatment to the plaintiff.

Morris v. New York State Police

268 F. Supp. 3d 342 · District Court, N.D. New York · Aug 8, 2017

Nor has Congress validly abrogated New York’s sovereign immunity from these claims. Id. … The “common interest” qualified privilege protects communications “made by one person to another upon a subject in which both have an interest.” Chao v.

Oneida Indian Nation of NY v. State of NY

520 F. Supp. 1278 · District Court, N.D. New York · Sep 10, 1981

Although the amendment cannot literally be construed to apply to suits brought by a State’s own citizens, it has long been established that an unconsenting State is immune from such suits as well. Hans v. … As previously established, consent has been found to be unnecessary for abrogation of immunity when accomplished by Congress through the exercise of its power under § 5 of the Fourteenth Amendment. Fitzpatrick v.

Morrison v. New York State Trooper Michael Strain

District Court, N.D. New York · Sep 18, 2025

“The doctrine 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 … Thus, to the extent the Second Circuit found qualified immunity appropriate under those circumstances, and in the absence of any intervening caselaw suggesting clearly established law as to this issue, Trooper Strain and

Meadors v. Ulster County

984 F. Supp. 2d 83 · District Court, N.D. New York · Nov 21, 2013

Qualified immunity Qualified immunity protects government officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Thus, qualified immunity protects a defendant if “(1) his conduct does not violate a clearly established constitutional right, or (2) it was ‘objectively reasonable’ for the officer to believe his conduct did not violate

Champagne v. United States

15 F. Supp. 3d 210 · District Court, N.D. New York · Apr 10, 2014

The Claim raised by the Defendant that most clearly attempts to state a tort, tortious interference with contract rights, cannot avoid this exception either. … Plaintiff's Complaint cites to a number of cases to establish a standard for bad faith in government contracting.

Estate of JLA v. Corey Fike

District Court, N.D. New York · Nov 10, 2025

Ultimately, "[a] qualified immunity defense is established if (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 … To put this rule into the context of this case, qualified immunity would be unavailable if Defendant violated JLA's clearly established Fourth Amendment rights.

Bell v. Saunders

District Court, N.D. New York · Dec 11, 2024

It is the defendants’ burden to establish entitlement to qualified immunity. Vincent v. … Defendants have not met their burden to establish qualified immunity. First, “a prisoner’s right to be free from . . . excessive force by prison officials is clearly an established constitutional right.”

Ford v. Burke

529 F. Supp. 373 · District Court, N.D. New York · Jan 6, 1982

The Supreme Court has clearly articulated the essential importance of this dual analysis in reckoning with the extension of a qualified immunity. Gomez, supra, at 641 , 100 S.Ct. at 1924 . … Clearly Mr.

Hamzik v. Office for People with Developmental Disabilities

859 F. Supp. 2d 265 · District Court, N.D. New York · May 16, 2012

Eleventh Amendment immunity can only by lost if Congress unequivocally abrogates the state’s immunity or the state expressly consents to suit. Gollomp, 568 F.3d at 365-66 . … The complaint thus fails to establish the first prong of a retaliation claim.

Robinson

District Court, N.D. New York · Mar 24, 2026

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 of the challenged conduct.” … Because there is no version of the underlying events, including Plaintiff’s, in which Officer Locy violated a clearly established right, he is entitled to qualified immunity on Plaintiff’s excessive force claim, and Magistrate

Coppola v. The Town of Plattekill

District Court, N.D. New York · Nov 24, 2020

the conduct that may be proved at trial is conduct that, at the time it occurred, violated a clearly established constitutional or statutory right.’”” … First, there is no “clearly established” right to be free from even warrantless searches of a home out of which a daycare is operated.

Hale v. Rao

768 F. Supp. 2d 367 · District Court, N.D. New York · Mar 8, 2011

Defendants further argue that defendant Rao must be dismissed because he is entitled to qualified immunity and Hale received sufficient medical care. … Qualified Immunity Defendants have asserted a defense of qualified immunity on the part of Dr. Rao. Since plaintiff cannot establish that Dr.

Roberts v. Fleury

District Court, N.D. New York · Apr 16, 2025

qualified immunity. … Plaintiff argues that the individual District Defendants are not entitled to qualified immunity because they violated clearly established law and acted outside the scope of their authority. Dkt.

National Rifle Association of America v. Cuomo

District Court, N.D. New York · Jan 18, 2022

Aug. 31, 2017)(holding that the court lacked jurisdiction to permit any discovery when defendant was appealing the applicability of a qualified immunity defense, that “Defendants have established the merits of their motion … Iqbal, 556 U.S. 662, 672 (2009), and other controlling caselaw to make out a cognizable constitutional violation, much less one that had been clearly established at the time the alleged conversations occurred. Ms.