Case law

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

Barnett v. Dillon

890 F. Supp. 83 · District Court, N.D. New York · Jun 22, 1995

The motions are based upon probable cause for the arrest and prosecution; lack of custom, policy or practice; qualified immunity; lack of separate legal existence of the Police Department; and time bar of the state law claims … Clearly nonexistent documents cannot be produced. The subpoena also required production of grand jury transcripts relating to prosecutions of all five plaintiffs.

Pierro v. Hudson City School District

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

to both absolute immunity and qualified immunity. … Additionally, District Defendants, as Pierro argues, are not entitled to qualified immunity because they have not established that their conduct did not violate a “clearly established statutory or constitutional right[]

Yunus v. Jones

District Court, N.D. New York · Aug 26, 2019

Protection from Liability by Doctrine of Qualified Immunity 1. … Tr.].)5 As a result, properly construed, the relevant qualified-immunity issue is whether it was clearly established before August 11, 2015 (when the Second Circuit issued Crawford v.

In re Carthage Lodge, No. 365, I. O. O. F.

230 F. 694 · District Court, N.D. New York · Mar 11, 1916

“We further certify that each of said trustees has duly accepted said office and qualified as such. … Rep. 109 ), we have this definition: “A legal institution, devised to confer upon the individuals of which it is composed powers, privileges, and immunities which they would not otherwise possess.”

Waters v. Jacobsen

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

For a constitutional right to be "clearly established" for purposes of determining whether an officer is entitled to qualified immunity, the "contours of the right must be sufficiently clear that a reasonable … "Where the right at issue in the circumstances confronting [officials] ... was clearly established but was violated, the officers will nonetheless be entitled to qualified immunity 'if ... it was objectively reasonable for

Starmel v. Tompkin

District Court, N.D. New York · Oct 11, 2022

Qualified Immunity Plaintiff's argue that Defendants should be foreclosed from presenting a qualified immunity defense at trial because "such a defense is not available to … Whether qualified immunity is available to Defendants depends on facts that will be presented at trial. Accordingly, this portion of Plaintiff's is denied as premature. E.

West v. Syracuse Police Department

District Court, N.D. New York · Sep 21, 2021

“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.” … did not violate a clearly established right.”

Varuzza v. Bulk Materials, Inc.

169 F.R.D. 254 · District Court, N.D. New York · Nov 7, 1996

Rather than a privilege, the doctrine creates a form of qualified immunity from discovery for documents within its scope. Chiasson v. … The burden then shifts to the party seeking discovery to establish the substantial need and undue hardship set forth in Rule 26(b)(3). F.T.C. v.

Thompson v. State of NY

487 F. Supp. 212 · District Court, N.D. New York · Dec 13, 1979

The Amenability of Indians to Sue and Be Sued Under Section 1983 It is well established in the law that “Indian Tribes are ‘distinct, independent political communities, retaining their original natural rights’ in matters … to override the State’s immunity.

Saari v. Merck & Co., Inc.

961 F. Supp. 387 · District Court, N.D. New York · Mar 11, 1997

Plaintiff has presented adequate proof of causal relationship between the defendants [sic] hepatitis B immunizations and the plaintiffs [sic] subsequent injuries and losses from the mentioned immunizations .... … Clearly, this letter does not establish the vaccines as the cause of plaintiffs alleged injuries. Furthermore, as shown below, Dr.

Simmons v. United States

754 F. Supp. 274 · District Court, N.D. New York · Jan 8, 1991

Further, the Air Force’s premature conclusion “that discovery of a tooth verifies death, ... ignoring contradictory evidence supplied by a qualified forensic scientist, Dr. … The Eleventh Circuit’s analysis, while not binding on this court, is clearly persuasive as to the facts at bar.

Dicenzo

District Court, N.D. New York · Mar 12, 2026

) that the right was clearly established at the time of the challenged conduct.” … “The threshold issue in determining the applicability of a defendant’s qualified immunity defense in a zoning context is whether the plaintiff had a ‘clearly established right’ to the permits at issue.” Dean v.

Bass v. Cayuga County

District Court, N.D. New York · Jun 13, 2024

Qualified Immunity Defendants argue that Duckett, Marquez, Aldrich, Salato, and Lacey-Hastings (“Individual Defendants”) are protected by qualified immunity. … Qualified immunity protects officials from damages liability if their “conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Mullenix v.

Poulos v. County of Warren

District Court, N.D. New York · Dec 20, 2024

To this point, "[a]n officer is entitled to qualified immunity if he can establish that there was 'arguable probable cause' to arrest." Adebiyi v. City of New York, No. 13-CV-480, 2014 WL 4922888, *5 (E.D.N.Y. … only qualified immunity as a potential shield."

Georgia v. Davenport

District Court, N.D. New York · Mar 12, 2024

that clearly established right. … Finally, the Court notes that the burden is on Defendant to establish the defense of qualified immunity and he has failed to meet this burden.

Parker v. Smith

858 F. Supp. 2d 229 · District Court, N.D. New York · May 1, 2012

That decision was not contrary to, or an unreasonable application of clearly established Supreme Court precedent. *243 There are three steps to a Bat-son inquiry. … The state court’s rejection of petitioner’s claim was, therefore, not contrary to, or an unreasonable application of clearly established Supreme Court precedent.

Serbalik v. Gray

27 F. Supp. 2d 127 · District Court, N.D. New York · Nov 17, 1998

David Hatin Hatin moves to dismiss on the grounds that he did not violate plaintiffs statutory or constitutional rights and that, even if he did, he would be entitled to qualified immunity. … Assuming a violation of plaintiffs federal rights, under the circumstances of this ease, Hatin is entitled to qualified immunity.

Tonoga, Ltd. v. Ministry of Public Works & Housing of the Kingdom of Saudi Arabia

135 F. Supp. 2d 350 · District Court, N.D. New York · Mar 13, 2001

A - particular transaction, course of conduct, or act undertaken by a foreign state qualifies as commercial activity when the state “acts not in its governmental or public role, but rather as a private player in the marketplace … Here the record establishes that the Sovereign Defendants “purposefully availed” themselves of the United States forum by negotiating and forming a contract with a corporation that has its principal place of business in New

Wagner v. Hyra

District Court, N.D. New York · Mar 16, 2023

“Government officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established … Katz, 533 U.S. 194, 201-202 (2001).7 To determine whether a right was “clearly established” for the purposes of qualified immunity, courts in the Second Circuit consider