Case law

Phillips v. DeAngelis

571 F. Supp. 2d 347 · District Court, N.D. New York · Aug 12, 2008

“[Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Zell’s belief that he was not violating Phillips’s clearly established constitutional rights was objectively reasonable even if there was no probable cause to prosecute.

Parent v. New York

786 F. Supp. 2d 516 · District Court, N.D. New York · May 24, 2011

Further, he disputes the defense of qualified immunity because parenting rights under the Constitution have long been established. … Qualified immunity generally protects governmental officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Spencer v. Lavoie

986 F. Supp. 717 · District Court, N.D. New York · Dec 1, 1997

However, “[qualified immunity insulates public officials from claims for damages where their conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ … Qualified immunity also will protect a defendant, even where the right was clearly established, if the undisputed facts show that it was objectively reasonable for the defendant to believe the acts did not violate that right

Snow v. Village of Chatham

84 F. Supp. 2d 322 · District Court, N.D. New York · Jan 21, 2000

, the issue of qualified immunity may be decided on a motion for summary judgment. … Qualified immunity for police officers is available on a motion for summary judgment if it appears, from undisputed facts, that an officer’s conduct did not violate constitutional rights that were clearly established at the

FELIX-TORRES v. Graham

521 F. Supp. 2d 157 · District Court, N.D. New York · Oct 17, 2007

E.Qualified Immunity Defendants argue that they are entitled to qualified immunity. … Governmental officials “are entitled to qualified immunity if (1) their actions did not violate clearly established law, or (2) it was objectively reasonable for them to believe that their actions did not violate such law

Hodges v. Jones

873 F. Supp. 737 · District Court, N.D. New York · Jan 4, 1995

Qualified Immunity Defendants argue in their motion for summary judgment that they are immune from liability under the doctrine of qualified immunity. … Qualified immunity “shields public officials from liability for their discretionary acts that do ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Hathaway

Trombley v. O'Neill

929 F. Supp. 2d 81 · District Court, N.D. New York · Mar 7, 2013

Qualified Immunity “Once qualified immunity is pleaded, plaintiffs complaint will be dismissed unless defendant’s alleged conduct, when committed, violated ‘clearly established statutory or constitutional rights of which … Scherer, 468 U.S. 183, 190 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) ("Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless

Barmore v. Aidala

419 F. Supp. 2d 193 · District Court, N.D. New York · Sep 7, 2005

Qualified Immunity Defendants next contend that Superintendent Aidala is entitled to qualified immunity because “his actions did not violate a clearly established rights and his actions were objectively reasonable.” … Clearly defendant Aidala participated directly in the constitutional violation and, as such, he is not entitled to qualified immunity. Pltf. Mem. L. p. 11.

Robinson v. United States Bureau of Prisons

244 F. Supp. 2d 57 · District Court, N.D. New York · Feb 7, 2003

[Gjovernment 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 statutory … Defendants are entitled to qualified immunity if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Velaire v. City of Schenectady, NY

862 F. Supp. 774 · District Court, N.D. New York · Sep 30, 1994

and so their claim of qualified immunity may be examined by this court. … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

Nelson v. Disorbo

District Court, N.D. New York · Nov 30, 2020

The Court is not willing to establish a precedent holding otherwise. … of summary judgment on ground of qualified immunity); Zellner v.

Thornton v. City of Albany

831 F. Supp. 970 · District Court, N.D. New York · Sep 28, 1993

Relin, 1 F.3d 1317 (2d Cir.1993), [i]n a § 1983 action, qualified immunity shields a defendant official sued in his individual capacity “from liability for civil damages insofar as [his] conduct does not violate clearly established … Moreover, “[ajbsent extraordinary circumstances, if the law was clearly established, the defendant official is not entitled to summary judgment on his immunity defense ‘since a reasonably competent public official should

Lewis v. City of Albany Police Department

547 F. Supp. 2d 191 · District Court, N.D. New York · Apr 24, 2008

Qualified Immunity insulates a governmental official performing discretionary functions from liability so long as his “ ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Legal questions pertaining to qualified immunity, such as whether violation of a federally protected right has been asserted, whether the asserted right was clearly established, and whether the facts “demonstrate the objective

LaLonde v. Bates

166 F. Supp. 2d 713 · District Court, N.D. New York · Aug 20, 2001

EL Qualified Immunity Defendants assert that they are immune to liability under plaintiffs claims of unlawful search and seizure and excessive force due to the doctrine of qualified immunity. … “The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively

Orafan v. Goord

411 F. Supp. 2d 153 · District Court, N.D. New York · Jan 17, 2006

Qualified Immunity Defendants contend they are entitled to qualified immunity on Plaintiffs RLUIPA claim. … is a clearly established right.

Grzywna Ex Rel. Doe v. Schenectady Central School District

489 F. Supp. 2d 139 · District Court, N.D. New York · Mar 7, 2006

Qualified Immunity Defendants seek dismissal of the claims against the individual defendants on the ground of qualified immunity. … Public officials are “protected by qualified immunity from civil liability for actions taken in their official capacity if those actions were objectively reasonable in light of clearly established rules then extant.”

Davidson v. Coughlin

920 F. Supp. 305 · District Court, N.D. New York · Mar 19, 1996

QUALIFIED IMMUNITY Government officials performing discretionary functions are entitled to qualified immunity “... insofar as their conduct does not violate clearly established statutory or constitutional rights of which … be granted on qualified immunity grounds. *311 D.

Interboro Institute, Inc. v. Maurer

956 F. Supp. 188 · District Court, N.D. New York · Feb 18, 1997

Qualified Immunity “Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

Baker v. Willett

42 F. Supp. 2d 192 · District Court, N.D. New York · Mar 10, 1999

Qualified Immunity The doctrine of qualified immunity protects government officials from suits against them in their individual capacity for money damages where “their conduct does not violate clearly established statutory … Plaintiff has asserted a violation by Willett of a clearly established right to be free from excessive use of force. • Willett is not entitled to qualified immunity. C.

Bordeaux v. Lynch

958 F. Supp. 77 · District Court, N.D. New York · Mar 13, 1997

The doctrine of qualified immunity shields government employees “from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established … The right to be free from arrest without probable cause is clearly established. Robinson, 821 F.2d at 921 .