Case law

Butler v. Hesch

District Court, N.D. New York · Mar 23, 2020

Qualified Immunity "The doctrine of qualified immunity shields public officials from liability for civil damages insofar as their conduct does not violate clearly established … "Although a mere mistake in the performance of an official duty may not deprive the officer of qualified immunity, the doctrine does not shield performance that either (a) was in violation of clearly established law, or (

Shanks v. VILLAGE OF CATSKILL BOARD OF TRUSTEES

653 F. Supp. 2d 158 · District Court, N.D. New York · Sep 2, 2009

Defendants concede that these complaints clearly qualify as speech on matters of public concern under the First Amendment. 6 *166 2. … As termination clearly qualifies as an adverse employment action, see Zelnik, 464 F.3d at 225, this is the final nail in the coffin on the issue. *167 3.

Passino v. The City of Plattsburgh

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

Qualified immunity Defendants argue in their motion for summary judgment that Defendant Officers are entitled to qualified immunity. See Dkt. No. 29-7 at 20-24. … However, whether Defendants are entitled to qualified immunity depends on the resolution of the same factual disputes as discussed above.

United States v. Lawrence

167 F. Supp. 2d 504 · District Court, N.D. New York · Aug 7, 2001

First Amendment right of access The United States Supreme Court has clearly held that the public enjoys a qualified First Amendment right of access to criminal proceedings. … While the status of presentence reports as non-public documents is well-established, the status of letters sent directly to the court is unclear.

Omni Group Farms, Inc. v. County of Cayuga

766 F. Supp. 69 · District Court, N.D. New York · Jun 12, 1991

Constitution, it is well established that a law which is fair on its face may be applied so arbitrarily and unfairly as to amount to a violation of constitutional rights. Cook v. … In Dennis , the Supreme Court held that a broad construction of § 1983 is required by the statutory language, “which speaks of deprivations of any rights, privileges, or immunities secured by the Constitution and laws.”

Russo v. SYSCO Food Services of Albany, L.L.C.

488 F. Supp. 2d 228 · District Court, N.D. New York · May 21, 2007

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … In any case, this single allegation, even if taken as true, is simply not enough to establish a prima facie case of age discrimination.

Davis v. New York State Department of Corrections and Community Supervision

District Court, N.D. New York · Oct 1, 2020

“The issues on qualified immunity are: (1) whether plaintiff has shown facts making out a violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3) even if the right was ‘clearly … “Defendants bear the burden of establishing qualified immunity.” Garcia v. Does, 779 F.3d 84, 92 (2d Cir. 2015).

Banks v. Annucci

48 F. Supp. 3d 394 · District Court, N.D. New York · Sep 30, 2014

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. … Glennon, 757 F.2d 496, 501 (2d Cir.1985) (“Clearly, a violation of state law is not cognizable under § 1983.”).

Klausner v. Southern Oil Co. of New York, Inc.

533 F. Supp. 1335 · District Court, N.D. New York · Mar 15, 1982

Silver, supra, the Supreme Court clearly indicated that the word “terminated” necessitates the completion of all State action in the case. … Clearly, the State proceedings cannot be considered completed during the period in which the charge is maintained in the NYSDHR’s file and is subject to review after resolution by the EEOC.

Smith v. Pines

District Court, N.D. New York · Aug 22, 2019

immunity protects state actors “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 known.” … “To be clearly established, a right must be sufficiently clear that every reasonable official would have understood that what he was doing violates that right,” and “[t]he protection of qualified immunity applies regardless

Leland v. Moran

235 F. Supp. 2d 153 · District Court, N.D. New York · Dec 16, 2002

The violation, or likely violation, of a clearly established federal right is a “prerequisite for municipal liability under a failure to train theory.” Koch v. … Qualified Immunity and Damages In view of the above, the defenses of qualified immunity and lack of damages need not be discussed. V.

Hameed v. Mann

849 F. Supp. 169 · District Court, N.D. New York · Apr 29, 1994

Defendant Coughlin was dismissed from the case because his personal involvement in the complained of events were not sufficiently established. … This was because defendant Selsky’s involvement in this case was akin to that of a judge who is protected by absolute immunity.

Harford v. County of Broome

102 F. Supp. 2d 85 · District Court, N.D. New York · Jun 5, 2000

The Village Defendants move to dismiss this Cause of Action claiming that they acted with probable cause or, in the alternative, that the conduct of the individual Village Defendants is protected by qualified immunity. … See Martinez, 202 F.3d at 684-35 (“[I]n the context of a qualified immunity defense to an allegation of false arrest, the defending officer need only show ‘arguable’ probable cause.”); Posr v.

Cornelius v. Consolidated Rail Corp.

169 F.R.D. 250 · District Court, N.D. New York · Nov 6, 1996

Clearly, the information sought for the period ending May 1, 1993 is relevant to matters at issue in this case. Claims and law suits filed after May 1,1993 may be inadmissible at trial. … The impossibility of these tasks suffices to establish undue hardship. See Walters v. State Farm Mut. Auto Ins.

Blazquez v. City of Amsterdam

District Court, N.D. New York · Feb 22, 2023

It is well-established that Congress did not abrogate states’ immunity when it enacted § 1983, see Quern v. … In any event, a ruling on qualified immunity on this record would be premature, and the Court declines to address qualified immunity here. See, e.g., Chamberlain ex rel. Chamberlain v.

Belch v. Jefferson County

108 F. Supp. 2d 143 · District Court, N.D. New York · Aug 24, 2000

Whalen, 51 F.3d 1285, 1291 (6th Cir.), cert. denied, 516 U.S. 989 , 116 S.Ct. 518 , 133 L.Ed.2d 426 (1995) (finding qualified immunity in case where police officer advocated for the National Rifle Association in uniform after … Alternatively, Defendants argue that the Court should dismiss the Complaint against Sheriff Lafferty on the grounds of qualified immunity.

Jones

District Court, N.D. New York · Dec 9, 2025

More specifically, Defendants argue that the text of ERISA does not clearly or expressly abrogate sovereign tribal immunity (which is notable because it does specifically waive immunity related to certain actions against … “The clear-statement question is simply whether, upon applying ‘traditional’ tools of statutory interpretation, Congress’s abrogation of tribal sovereign immunity is ‘clearly discernable’ from the statute itself.”

Oneida Indian Nation v. County of Oneida

802 F. Supp. 2d 395 · District Court, N.D. New York · Jul 12, 2011

Sovereign Immunity The N.Y. and WI Oneidas assert that their tribal sovereign immunity precludes this Court’s jurisdiction over this Motion. … The fact that these three tribes continued to collectively prosecute their land claims clearly indicates that no conflict exists. 26 .

CECOS International, Inc. v. Jorling

706 F. Supp. 1006 · District Court, N.D. New York · Feb 23, 1989

Finally, the new siting law established four exceptions to the siting board certificate requirement. … CE-COS clearly does not fall into that category of facilities.

Hines v. Department of Social Services Cayuga County

District Court, N.D. New York · Aug 12, 2025

Ryan, 25 F.3d 81, 83 (2d Cir. 1994), which are “protected only by qualified, rather than absolute, immunity,” Kalina v. … The “official who asserts absolute immunity from § 1983 shoulders the burden of establishing the existence of immunity for the function in question.”