Case law

Thevenin v. City of Troy

District Court, N.D. New York · Sep 6, 2019

To determine whether an official is entitled to qualified immunity, courts first look to whether the plaintiff’s allegations, if true, establish a constitutional violation. Harlow v. … qualified immunity, if necessary, once a verdict has been 6 Counsel have submitted additional letter briefs regarding qualified immunity as it relates to the state law claims.

Hurst v. Mollnow

District Court, N.D. New York · Sep 4, 2019

Additionally, under the doctrine of qualified immunity, state officials "operating under color of state law are . . . entitled to summary judgment when they can establish that either (1) a constitutional right was not violated … or (2) the right was not clearly established at the time of the violation."

Praileau v. Fischer

930 F. Supp. 2d 383 · District Court, N.D. New York · Mar 8, 2013

U.S.C. § 1983 , (3) the doctrine of qualified immunity under 42 U.S.C. § 1983 , (4) limitations on municipal liability pursuant to Monell v. … In this respect, we review whether Praileau can bring this action under 42 U.S.C. § 1983 , which “establishes a cause of action for ‘the deprivation of any rights, privileges, or immunities secured by the Constitution and

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.

Jackson v. Williams

District Court, N.D. New York · Feb 26, 2020

constitutional right “was clearly established at the time of the alleged violation.” … Hence, since there was no right clearly established at the time of the alleged use of excessive force against Plaintiff, Amerosa is entitled to qualified immunity.

New York State Department of Environmental Conservation v. United States Department of Energy

850 F. Supp. 132 · District Court, N.D. New York · Apr 26, 1994

Therefore, the [United States] has failed to establish that the subject charges meet *137 [sic] the second prong of the Massachusetts test. … The Airport then establishes fees and rates for each user group.

Kirby v. Buekers

District Court, N.D. New York · Oct 8, 2025

“[P]rosecutors receive only qualified immunity when performing ‘administrative duties and those investigatory functions that do not relate to an advocate’s preparation for the initiation of a prosecution or for judicial … Kessler, 694 F.3d 161, 166 (2d Cir. 2012) (“‘[A]ctions taken as an investigator enjoy only qualified immunity.’”) (quoting Zahrey v. Coffey, 221 F.3d 342, 346 (2d Cir. 2000)).

Mitchell v. Annucci

District Court, N.D. New York · Feb 14, 2022

"The doctrine of qualified immunity shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' … Here, Magistrate Judge Lovric correctly determined that Defendants are entitled to qualified immunity. See Nicholas v.

Burks v. Jakubowski

837 F. Supp. 48 · District Court, N.D. New York · May 7, 1993

Finally, defendants Jakubowski and Vitullo contend that they are entitled to qualified, good faith immunity since the Department’s procedures did not violate clearly established law. … Finally, plaintiff argues that the state defendants are not entitled to qualified immunity because they acted in bad faith. DISCUSSION I.

Bean v. Stoddard

2 F.2d 62 · District Court, N.D. New York · Jun 1, 1923

A.) 285 F. 678 , wherein it was held that a suit *63 against a state bank commissioner to establish a claim against assets of an insolvent bank of which he has taken charge was not one against a state which had no interest … Then the suit would clearly be against the state and the defendant in his official capacity might be required to satisfy the liability from any property in his hands belonging to the state. McWhorter v.

Zehner v. The Board of Education of the Jordan-Elbridge Central School District

District Court, N.D. New York · Aug 29, 2019

Involvement in discussions that lead to a decision is not personal | involvement under § 1983.”). 2) Qualified Immunity “Qualified immunity attaches when an official’s conduct does not violate clearly established … “Qualified immunity protects public officials from liability for civil damages when one of two conditions 1s satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable

Yerdon v. Poitras

District Court, N.D. New York · Apr 24, 2024

“In order to establish a violation under the ADA, the plaintiffs must demonstrate that (1) they are ‘qualified individuals’ with a disability; (2) that the defendants are subject to the ADA; and (3) that plaintiffs were … “To demonstrate that he is a ‘qualified individual with a disability,’ the plaintiff must establish that he has a physical or mental impairment and provide evidence that such impairment ‘substantially limits one or more

Facci-Brahler v. Montgomery County

District Court, N.D. New York · Mar 22, 2024

Qualified Immunity Defendants argue that they “are entitled to qualified immunity for all of” Plaintiff’s claims. Mot. at 2. … A government official sued in his or her individual capacity is entitled to qualified immunity if the “plaintiff’s right not to be subjected to [prohibited] conduct by the defendant was not clearly established at the time

State of NY v. City of Johnstown, NY

701 F. Supp. 33 · District Court, N.D. New York · Dec 13, 1988

. § 9613 (f)(1), second, that it is immune from the common law contribution or indemnification action by the doctrine of sovereign immunity, and at any rate, its decisions with respect to the sites are “discretionary acts … To establish liability under § 9607(a)(3), it must be shown, inter alia, that the State owned or possessed the hazardous substances of which it arranged to dispose. C. Greene Equipment Corp. v.

Grant v. Cornell University

87 F. Supp. 2d 153 · District Court, N.D. New York · Mar 2, 2000

Law § 296 . 3 DISCUSSION The principles that govern summary judgment motions are well established. … This case is analogous to Batra , and clearly distinguishable from Zahorik, Weinstock, Jalal and Guntur .

Jennings v. Decker

District Court, N.D. New York · Aug 6, 2021

Regarding claims of excessive force, the two prongs of the qualified immunity inquiry somewhat merge in that “the qualified immunity inquiry turns on whether the defendants’ actions were objectively reasonable under clearly … established law; and the clearly established law of excessive force itself hinges on the reasonableness of the force used.”

Spiezio v. Martinez

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

[ing] a clearly established constitutional right.” … 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 person would have

McCallion v. Marra

District Court, N.D. New York · May 9, 2024

were not contrary to clearly established law. … 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

Moore-Beidl v. Beaudoin

553 F. Supp. 404 · District Court, N.D. New York · Jun 2, 1981

Clearly the plaintiff has not met her burden in support of her allegations. … Therefore, where defendants plead and prove that they acted reasonably and in good faith, they are entitled to the defense of official immunity. McKinnon v.

Oneida Indian Nation v. Oneida County

432 F. Supp. 2d 285 · District Court, N.D. New York · Jun 2, 2006

Tribal Sovereign Immunity The Nation is a federally recognized Indian Tribe which has not waived its sovereign immunity with regard to its real property. … Accordingly, Stockbridge does not qualify to intervene pursuant to Fed. R.Civ.P. 24(a), and its motion to do so will be denied. V.