Case law

Daniels

District Court, N.D. New York · Mar 2, 2026

“Even if an officer violated a plaintiff’s clearly established rights, he ‘will still be entitled to qualified immunity if it was objectively reasonable for him to believe that his acts did not violate those rights.’” … Qualified Immunity Dr. Cahill argues that he is entitled to qualified immunity because Briglin’s rights were not clearly established, and even if they were Dr.

Bedore v. Lind

District Court, N.D. New York · Aug 31, 2023

clearly established statutory or constitutional rights of which a reasonable person would have known.” … “Under federal law, a police officer is entitled to qualified immunity where ‘(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2

United States v. Coyle

229 F. 256 · District Court, N.D. New York · Jan 24, 1916

prosecution for perjury committed during the examination the alleged false testimony not only may be given in evidence, but any other testimony of defendant given in the examination which is relevant to the issue and tends to establish … sufficient in law -for the foundation of a charge of perjury in case the bankrupt willfully and knowingly gives false testimony regarding matters pertinent to the inquiry being made. [7] The question put to the -bankrupt was clearly

Weston v. Bayne

District Court, N.D. New York · Sep 30, 2025

Qualified Immunity Next, Plaintiff argues that Judge Katz’s recommendation that “Defendants actions and/or omissions are shielded by the protections of qualified immunity” are … Contra to Plaintiff’s statement in his objection, Judge Katz did not hold that qualified immunity shielded Defendant from liability. See R. & R. at 20–21.

Snyder v. Fish

District Court, N.D. New York · May 27, 2022

Qualified Immunity “The doctrine of qualified immunity shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of … Supp. 3d 281, 303 (S.D.N.Y. 2020) (discussing on alternative grounds that the defendant-officers “. . . would be entitled to qualified immunity because ‘it was not clearly established that an individual has a First

Butchino v. City of Plattsburgh

District Court, N.D. New York · Jan 14, 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 … "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

Ringer v. City of Schenectady

District Court, N.D. New York · Nov 21, 2024

Fourth, Defendants argue that even if the force used was considered objectively unreasonable, Officer Pommer would still be entitled to qualified immunity because it was not clearly established that his conduct violated … The denial of qualified immunity on this Motion is without prejudice. At the trial _|in this matter, Defendant Pommer can raise the issue of qualified immunity again.

Burrell v. Zurek

District Court, N.D. New York · Aug 28, 2019

reasonable; and it is further 5 Defendants do not object to the Report-Recommendation’s finding that a detainee’s First Amendment right of access to reading material is “clearly established.” … does not rely on the Report-Recommendations reasoning on the issue of qualified immunity.

Davis-Guider v. City of Troy

District Court, N.D. New York · Mar 29, 2023

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … Sikirica is clearly entitled to qualified immunity.

Chamberlain v. Krysztof

617 F. Supp. 491 · District Court, N.D. New York · Aug 20, 1985

The letter stated that the information supplied by plaintiff in the Questionnaire was insufficient to establish his exemption from withholding tax in 1983. … The Court held that only a qualified immunity was available to the IRS employee. The case sub judice, however, is not founded upon the defendant’s failure to follow statutorily prescribed safeguards as was Bothke .

Smith v. Spitzer

531 F. Supp. 2d 360 · District Court, N.D. New York · Jan 28, 2008

Fifth, most or all of the defendants are clearly protected by qualified (if not absolute) immunity. Sixth, it does not appear that jurisdiction lies in the Northern District of New York. … be futile given the issues of res judicata, standing, immunity, and jurisdiction that plague plaintiffs’ claims.

Brown v. Utica Police Department

District Court, N.D. New York · Mar 4, 2020

Paladino’s Entitlement to Qualified Immunity for His Alleged Actions on the Street Defendants argue that they are entitled to qualified immunity for the “search and … Sloley, 945 F.3d at 41–42 (finding the law clearly established and denying qualified immunity for a less intrusive visual body cavity search and explaining that Hall, “decided by New York Court of Appeals five years before

Jemzura v. Public Service Commission

961 F. Supp. 406 · District Court, N.D. New York · Apr 14, 1997

Moreover, the plaintiff fails to set forth facts that, even if taken to be true, would establish violations of any federal law. … This is a thinly veiled attempt by the plaintiff to inject life into claims that clearly would have been barred by sovereign immunity if brought against the defendants in their official capacity.

National Rifle Association of America v. Cuomo

District Court, N.D. New York · Mar 15, 2021

Vullo argues that she is entitled to absolute and qualified immunity on the selective enforcement, and qualified immunity on the First Amendment claim. … The NRA counters that qualified immunity is a fact-specific inquiry that should be undertaken after fact discovery, and that the conduct alleged by the NRA was not "objectively reasonable" but rather violated clearly established

Hickland v. Endee

574 F. Supp. 770 · District Court, N.D. New York · Sep 28, 1983

Nor would such a claim be maintainable under the well-established doctrine of judicial immunity. … What plaintiff does argue, however, is that those conspiring with immune officials are not entitled to assert a vicarious immunity. Citing Dennis v.

Bartz v. Agway, Inc.

844 F. Supp. 106 · District Court, N.D. New York · Feb 15, 1994

Plaintiffs contention that less qualified male employees were retained even though plaintiff was better qualified is also without merit. … The evidence clearly shows that the employees ultimately hired for the positions in question better fit the criteria Agway was looking for.

Webber v. Hammack

973 F. Supp. 116 · District Court, N.D. New York · Jul 31, 1997

Additionally, the Defendants move for summary judgment on the Plaintiffs constitutional claims for failure to state a claim and on the grounds of qualified immunity. … from suit under the doctrine of qualified immunity.

Farkas v. New York State Department of Health

554 F. Supp. 24 · District Court, N.D. New York · Sep 2, 1982

Accordingly, plaintiff has met his burden of establishing irreparable injury. … Here, plaintiff has made a prima facie showing by establishing that he is a member of the class of people within the protection of the ADEA, that he applied for and was qualified for the newly created directorships, that

Weldon v. United States

845 F. Supp. 72 · District Court, N.D. New York · Mar 3, 1994

Third, defendant contended that plaintiff could not establish a theory of liability under New York law. … In light of these principles, the application of res judicata to the facts at bar is clearly warranted.

New York State Correctional Officers & Police Benevolent Ass'n v. New York

911 F. Supp. 2d 111 · District Court, N.D. New York · Dec 3, 2012

In Ex parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), the Supreme Court established an exception to state sovereign immunity in federal actions *125 where an individual brings an action seeking injunctive … Osborn, 211 F.3d 324, 328 (6th Cir.2000) (holding that the burden is on the defendants to establish the existence of absolute legislative immunity).