Case law

Rivers v. O'BRIEN

83 F. Supp. 2d 328 · District Court, N.D. New York · Jan 21, 2000

Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him to … In order to trump qualified immunity, the Plaintiffs must demonstrate that (1) Defendants’ conduct violated any of the Plaintiffs’ clearly established rights; and (2) that these rights would have been known to a reasonable

McKeon v. Daley

101 F. Supp. 2d 79 · District Court, N.D. New York · May 24, 2000

Qualified immunity is available to protect conduct violating a clearly established constitutional right where the governmental official had an objectively reasonable and good faith belief that the action taken was lawful. … of qualified immunity.

Clayton v. City of Kingston

44 F. Supp. 2d 177 · District Court, N.D. New York · Apr 23, 1999

Overcoming qualified immunity entails a two-part process: “First, a plaintiff must allege the violation of a clearly established constitutional or statutory right. … A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to “state a claim of violation of clearly established law.” See Connell v.

Pratt v. Hogan

631 F. Supp. 2d 192 · District Court, N.D. New York · Jul 6, 2009

Qualified immunity bars a claim for monetary damages against government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even if plaintiffs allegations are sufficient to allege the violation of a constitutional right, defendants are entitled to the defense of qualified immunity if plaintiffs constitutional rights were not clearly established

Thomas v. City of Troy

293 F. Supp. 3d 282 · District Court, N.D. New York · Mar 22, 2018

Qualified Immunity "Once qualified immunity is pleaded, plaintiff's complaint will be dismissed unless defendant's alleged conduct, when committed, violated 'clearly established statutory or constitutional rights of which … Sikirica is not entitled to qualified immunity at this time. See Wise v.

Torres ex rel. Estate of Torres v. Amato

22 F. Supp. 3d 166 · District Court, N.D. New York · May 16, 2014

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.” Harlow v. … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (holding that qualified immunity is not merely immunity from damages but also “immunity from suit”).

Sampson v. City of Schenectady

160 F. Supp. 2d 336 · District Court, N.D. New York · Aug 16, 2001

Qualified Immunity 1. … General Standard for Qualified Immunity The affirmative defense of qualified immunity “shields public officials from liability for their discretionary acts that do ‘not violate clearly established statutory or constitutional

Lazoda v. Maggy

900 F. Supp. 596 · District Court, N.D. New York · Oct 2, 1995

Qualified Immunity Principles Defendants have steadfastly asserted from the outset of the instant case that they enjoy qualified immunity from suit. … were then clearly established.” van Emrik v.

Mason Ex Rel. Mason v. Schenectady City School District

879 F. Supp. 215 · District Court, N.D. New York · Sep 21, 1993

There is, in short, no controversy about whether punitive damages are available against individual defendants sued in their individual capacities. 5 (5) QUALIFIED IMMUNITY The individual defendants claim entitlement to qualified … The individual defendants seek qualified immunity, however.

Sutton v. Tompkins County

617 F. Supp. 2d 84 · District Court, N.D. New York · Sep 25, 2007

Under federal law, “[t]he defense of qualified immunity shields governmental officials from civil liability if the official’s conduct did not *98 violate constitutional rights that were clearly established at the pertinent … When qualified immunity is asserted in a motion for summary judgment, of course, the facts material to the claim of qualified immunity must not be genuinely disputed. See Cecere, 967 F.2d at 829 .

Picciano v. McLoughlin

723 F. Supp. 2d 491 · District Court, N.D. New York · Jul 13, 2010

“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 … Scherer, 468 U.S. 183, 190 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (“Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless

Fabrikant v. French

328 F. Supp. 2d 303 · District Court, N.D. New York · Jul 30, 2004

The qualified immunity doctrine insulates a governmental official performing discretionary functions from liability so long as his “conduct does not violate clearly established statutory or constitutional rights of which … were ‘clearly established’ at the time it was taken.”

Visser v. Magnarelli

542 F. Supp. 1331 · District Court, N.D. New York · Jul 9, 1982

Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920, 1924 , 64 L.Ed.2d 572 (1980), clearly requires a defendant to plead a defense of qualified immunity, as defendants-councilors have done here. … Treen, 671 F.2d 892, 899-900 (5th Cir. 1982) (violation of clearly established state law vitiates objective prong of good faith immunity defense).

Jenkins v. Cnty. of Washington

126 F. Supp. 3d 255 · District Court, N.D. New York · Aug 27, 2015

Defendants to believe that their acts did not violate any such clearly established rights. … a single case in this Circuit that rendered the rights in question clearly established.

Orden v. Cornell University

243 F. Supp. 3d 287 · District Court, N.D. New York · Mar 22, 2017

The Cornell defendants contend that the doctrine of qualified immunity shields Frisbie from any § 1983 liability as he was performing his job duties in an objectively reasonable manner on November 2, 2013. 4 Qualified immunity … Given the pleadings, an objectively reasonable officer would know that such actions violated clearly established constitutional rights. As a result, Frisbie is not entitled to qualified immunity. V.

Walsh v. City of Auburn

942 F. Supp. 788 · District Court, N.D. New York · Oct 15, 1996

A defendant sued as an individual is entitled to qualified immunity from damages if he is performing a discretionary function and his conduct “does not violate clearly established statutory or constitutional rights of which … The defendant must show either that his conduct did not violate clearly established rights or that it was objectively reasonable to believe that his actions did not violate clearly established rights. Soares v.

Anonymous v. Kaye

987 F. Supp. 131 · District Court, N.D. New York · Dec 15, 1997

In this circuit, [p]ublic officials are entitled to qualified immunity from claims for damages if (1) their conduct did not violate federal statutory or constitutional rights that were clearly established at the time, or … First, their conduct did not violate federal statutory or constitutional rights that were clearly established at the time.

Delaney v. Selsky

899 F. Supp. 923 · District Court, N.D. New York · Oct 2, 1995

Qualified Immunity Defendants argue, again on the basis of Sandin , that Defendants Selsky and Mantel-lo are entitled to qualified immunity. … Delaney may well have had clearly-established due process rights in 1991 that he would not have, under the same circumstances, in 1995.

Children First Foundation, Inc. v. Martinez

829 F. Supp. 2d 47 · District Court, N.D. New York · Nov 8, 2011

Moreover, when faced with a qualified immunity defense, a court should consider the specific scope and nature of a defendant’s qualified immunity claim. … the complaint based on qualified immunity grounds.

Abdul-Matiyn v. New York State Department of Correctional Services

871 F. Supp. 1542 · District Court, N.D. New York · Dec 15, 1994

The defendant prison employees claim a qualified immunity as government officials performing discretionary acts. … Qualified Immunity Qualified immunity “shields public officials from liability for their discretionary acts that do ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have