Case law

Rhodes v. Town of Kingston

499 F. Supp. 2d 221 · District Court, N.D. New York · Jul 25, 2007

Rhodes originally intended to open a bar or tavern in the building, but later decided to open a fitness establishment for women known as “Women’s *223 Workout World.” Complaint (Dkt. No. 1) at ¶ 8. … Also, Defendants argue that Scheurzinger is entitled to qualified immunity for his actions and the Town of Kingston cannot be held liable, as Plaintiffs are not able to meet the standard for municipal liability.

Taylor v. Hansen

731 F. Supp. 72 · District Court, N.D. New York · Feb 27, 1990

The proposition for which San Filippo stands is broader than its literal holding, in that its underlying rationale would clearly be frustrated by limiting its application to conspiracies involving the prosecutor. … Since “conspiracy is by its very nature a secretive operation,” the ex istence of a conspiracy may be established by circumstantial evidence. United States v.

Schulz v. New York State Executive, Pataki

960 F. Supp. 568 · District Court, N.D. New York · Apr 14, 1997

The Court held that “it rests with Congress,” not the judiciary, “to decide what government is the established one in a State.” 48 U.S. at 42 . … immunities of citizenship.

Crowley v. Tran

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

“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.” City of Escondido v. … Qualified immunity may constitute a defense. See Rose v. City of Utica, 777 F. App’x 575, 577 (2d.

New York State Electric & Gas Corp. v. Saranac Power Partners, L.P.

117 F. Supp. 2d 211 · District Court, N.D. New York · Sep 29, 2000

FCC, 610 F.2d 973 (D.C.Cir.1979), relied on by NYSEG in this regard, is clearly distinguishable. … Fankell, 520 U.S. 911, 919 , 117 S.Ct. 1800 , 188 L.Ed.2d 108 (1997) (state court need not provide interlocutory appeal of dismissal of qualified immunity defense although appeal would be available in federal court because

Cayuga Indian Nation of New York v. Cuomo

771 F. Supp. 19 · District Court, N.D. New York · Aug 13, 1991

In fact, to view the second circuit’s ruling in Oneida Indian Nation of New York II to stand for this proposition would be, in this court’s opinion, clearly erroneous. … Roberts raised, for the first time, the State’s argument that it was immune from plaintiffs’ action under the eleventh amendment of the United States Constitution.

Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo

743 F. Supp. 977 · District Court, N.D. New York · Aug 2, 1990

Michigan Dept. of State Police, — U.S. -, 109 S.Ct. 2304, 2312 , 105 L.Ed.2d 45 (1989). 21 (iii) Qualified Immunity. … For example, the defense of qualified immunity may shield a state official who acts under the authority of an unconstitutional state law; in most instances, compliance with state law is unlikely to violate clearly established

Aitehenson

District Court, N.D. New York · Feb 19, 2026

In any event, qualified immunity is “an affirmative defense on which the defendant officials bear the burden of proof[.]” Vincent v. Yelich, 718 F.3d 157, 166 (2d Cir. 2013). … For a qualified immunity defense asserted in a motion to dismiss to be successful, the “facts supporting the defense [must] appear on the face of the complaint[.]” McKenna v.

Smith v. Town of Lloyd

District Court, N.D. New York · Jan 27, 2020

Riley’s Entitlement to Qualified Immunity Even if Riley’s use of force was unreasonable, he would be entitled to qualified immunity. … Accordingly, even if Riley’s use of force was unreasonable, he is nevertheless entitled to qualified immunity because he did not violate clearly established law.

Pompey-Howard v. New York State Education Department

275 F. Supp. 3d 356 · District Court, N.D. New York · Jul 28, 2017

First, Howard asserts that she was more qualified than Bergmann. Id. at 7. … NYSED has not consented to suit in federal court, and therefore has Eleventh Amendment immunity against Plaintiff's § 1981 and NYSHRL law claims. Posr v.

Campanaro v. City of Rome

999 F. Supp. 277 · District Court, N.D. New York · Apr 2, 1998

Defendants also move for summary judgment on the ground of qualified immunity for Defendants Manuele,. … In any event, those officers would be entitled to qualified immunity because it would be reasonable for officers in their situation to rely on the representations of a fellow officer as to the existence of probable cause

Bianchi v. Green

District Court, N.D. New York · Aug 25, 2023

Qualified Immunity Green seeks qualified immunity on Bianchi’s Section 1983 claims against him because his conduct did not violate clearly established law as of December … Government officials are entitled to qualified immunity on Section 1983 claims “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at

Rosenberg v. Town of Niskayuna

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

"'Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant's action did not violate clearly established law, or (b) it was objectively reasonable … The qualified immunity inquiry proceeds in two parts.

Harris v. Merwin

901 F. Supp. 509 · District Court, N.D. New York · Oct 25, 1995

immunity. … In the portion of their memorandum devoted to the issue of qualified immunity, defendants ignore plaintiffs freedom of association claim.

Weinberg v. Zimmer

District Court, N.D. New York · Apr 29, 2021

Legal Standard “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. … Similarly, Ingerson is not entitled to qualified immunity on Plaintiffs’ retaliation claim at this juncture because, assuming that his enforcement actions were motivated by Plaintiffs’ speech, he violated clearly established

Franco v. Gunsalus

District Court, N.D. New York · Jan 10, 2022

"'Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was "clearly … Even if the right was clearly established, a defendant is entitled to qualified immunity if "'it was objectively reasonable for the [official] to believe the conduct at issue was lawful.'" Rodriquez v.

James v. Runyon

843 F. Supp. 816 · District Court, N.D. New York · Jan 18, 1994

Nealy’s conclusion, in unequivocal terms, was that plaintiff was qualified to deliver mail and in fact, did it “very well.” … The evidence at trial clearly indicates that the plaintiff was treated differently from all the other PTF’s.

Amato v. City of Saratoga Springs

972 F. Supp. 120 · District Court, N.D. New York · Jul 14, 1997

Moreover, individuals sued in their official capacity are entitled only to those immunities that the municipality itself possesses, while personal capacity suits are subject to the defense of qualified immunity. Id. … Moreover, by raising the defense of qualified immunity in their motions, Benton and King clearly intend to address the claims asserted against them in their individual capacities.

Ashworth

District Court, N.D. New York · Sep 10, 2026

The amended complaint uses the label “deliberate the right was clearly established, which is a prerequisite indifference” in reference to Turczyn's municipal liability to qualified immunity, see Harlow v. … because no precedent clearly established A.

Andrulonis v. United States

724 F. Supp. 1421 · District Court, N.D. New York · Dec 15, 1989

The evidence at trial clearly established that Andrulonis, like Debbie, was aware that the Uni-Glatt machine was not airtight and that the machine was not operated within a physical containment system during any of the experiments … There is no indication that an individual holding the position of Senior Bacteriologist (Virology) with NYSDOH in 1977 was qualified to independently establish what safety measure should be taken with regard to a particular