Case law

Ismael v. Comacho

District Court, S.D. New York · Jul 15, 2020

So the first prong of the qualified immunity inquiry is satisfied. Ismael has also adduced adequate evidence that Sampson, Caruso, and Charles violated his clearly established rights. … Qualified immunity also applies to failure to intervene claims.

Corporacion Venezolana De Fomento v. Vintero Sales Corp.

477 F. Supp. 615 · District Court, S.D. New York · Nov 14, 1979

states are entitled to immunity. … Merban’s answer later revealed that it is a Swiss corporation qualified to do business in New York. 3 . This argument further assumes that Merban has its principal place of business here.

Marschalk Co., Inc. v. Iran Nat. Airlines Corp.

518 F. Supp. 69 · District Court, S.D. New York · Jun 11, 1981

Nor can the establishment of a fund by Iran be considered as any consideration. … Commercial claims, like Marschalk’s, clearly fall within the Tribunal’s jurisdiction.

Bryant v. Crowe

697 F. Supp. 2d 482 · District Court, S.D. New York · Mar 8, 2010

Qualified Immunity for Criminal Mischief Arrest Crowe argues that because there was arguable probable cause for the criminal mischief third charge, he has qualified immunity from any claim arising from that charge. … for the officer to “believe that he was acting in a fashion that did not clearly violate an established federally protected right.”

United States v. Dornau

356 F. Supp. 1091 · District Court, S.D. New York · Apr 2, 1973

At the outset, it should be noted that we are mindful of the “long-established policy that maintains the secrecy of the grand jury proceedings.” United States v. … If, as he contends, McDaniel is entitled to transactional immunity, a motion to suppress the indictment is clearly the only means of accomplishing that end.

Fagan v. United States District Court for Southern District

644 F. Supp. 2d 441 · District Court, S.D. New York · Aug 11, 2009

Fagan’s allegations against Judge Kram clearly concern actions performed in the course of Judge Kram's judicial duties and in her judicial capacity, and Judge Kram therefore is immune from Fagan’s suit. … Zifkin and the other special master defendants clearly acted as an "arm of the court” in carrying out their duties as Special Masters, and therefore are immune to Fagan's suit. 12 .

Celestine v. Mount Vernon Neighborhood Health Center

289 F. Supp. 2d 392 · District Court, S.D. New York · Oct 28, 2003

Specifically, the Attorney General claims that Defendant Mount Vernon Health Qualifies as a Public Health Service employee under 42 U.S.C. § 233 (h). … In this case, Plaintiff does not dispute that Mount Vernon Health qualifies as a public health center under 42 U.S.C. § 233 (h).

Penz v. Fields

District Court, S.D. New York · Nov 23, 2021

“A qualified immunity defense is established if (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 such … Analysis Defendant argues he is entitled to qualified immunity because plaintiff does not allege he violated a “clearly established” federal right and, even

Bodie v. Morgenthau

342 F. Supp. 2d 193 · District Court, S.D. New York · Sep 23, 2004

and investigative duties meriting lesser protection of qualified immunity); Daloia v. … "In short, the principle of sovereign immunity is a constitutional limitation on the federal judicial power established in Art. III....” Id. at 98 , 104 S.Ct. 900 .

Bryant v. New York State Department of Correction Services Albany

146 F. Supp. 2d 422 · District Court, S.D. New York · Jun 14, 2001

abrogation of immunity. … It is well established that a state agency cannot be sued directly in its own name absent consent or statutory abrogation of immunity. See Seminole, 517 U.S. at 54 , 116 S.Ct. 1114 .

Port Authority Bondholders Protective Committee v. Port of New York Authority

270 F. Supp. 947 · District Court, S.D. New York · Jul 7, 1967

Such immunity derives from the Authority’s status as a governmental agency. … Plaintiffs can make no showing of any actual'threat to this immunity. There has been no concrete indication from any source that the immunity is threatened.

Saffioti v. Wilson

392 F. Supp. 1335 · District Court, S.D. New York · Mar 24, 1975

In addition, the qualified immunity traditionally accorded to executive officers, as well as the doctrine of legislative immunity, will serve to bar any recovery in almost all cases of this sort. … Rhodes, 416 U.S. at 247-48 , 94 S.Ct. at 1692 : These considerations suggest that, in varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent upon

Socialist Workers Party v. Rockefeller

314 F. Supp. 984 · District Court, S.D. New York · Oct 12, 1970

of their choice have been firmly established among our precious freedoms. … This is the substance of Section 31, and in this respect the statute clearly has statewide application.

Grimes by and Through Grimes v. Sobol

832 F. Supp. 704 · District Court, S.D. New York · Sep 14, 1993

NYSED correctly states that a State and its agencies are immune from suit in federal court unless the State consents or Congress enacts legislation abrogating the State’s Eleventh Amendment immunity. Id. at 10. … Plaintiffs’ third argument is that defendants’ alleged inaction since the commencement of this lawsuit establishes discrimination.

Walker v. Kubicz

996 F. Supp. 336 · District Court, S.D. New York · Mar 16, 1998

Defendants argue, moreover, that each is qualifiedly immune because Walker has failed to show that he or she knowingly violated a clearly established Eighth Amendment right. … While the MDC nephrologist’s opinion is inadmissible to prove the truth of the matters asserted, it is admissible for the non-hearsay purpose of demonstrating that a qualified specialist told Dr.

Williams v. The City of New York

District Court, S.D. New York · Aug 15, 2025

The Second Circuit concluded that the officers were entitled to qualified immunity, since “[n]o precedential decision of the Supreme Court or th[e Second Circuit] ‘clearly establishe[d]’ that the actions of [the officers … Because no clearly established law established at the time of Plaintiff’s arrest that the use of a taser against a noncompliant arrestee amounted to constitutionally excessive force, Garcia is entitled to qualified immunity

Davidson v. Scully

155 F. Supp. 2d 77 · District Court, S.D. New York · Aug 22, 2001

For the same reason, defendants here are entitled to qualified immunity against plaintiffs claim that exposure to second-hand smoke violated his right to be free from cruel and unusual punishment. 12 D. … adjudicated on the basis of qualified immunity with regard to his claim at another prison.

Credell v. Allen

District Court, S.D. New York · Jan 3, 2022

Plaintiff’s argument that he does not have three qualifying strikes – because he has appealed the dismissal order in one of the three actions that qualifies as a strike – must therefore be rejected. … City of New York, 607 F.3d 18, 21-22 (2d Cir. 2010) (holding that, after the plaintiff’s release from prison, “if [plaintiff] chooses to refile his suit and can establish his eligibility for in forma pauperis status, he

Goodman v. Merrill Lynch & Co., Inc.

716 F. Supp. 2d 253 · District Court, S.D. New York · Apr 6, 2010

DISCUSSION As described by Goodman in her Complaint, the ATP implemented by Merrill Lynch and Bank of America qualifies as a “bona fide” production-based compensation system for purposes of section 703(h). … While Goodman clearly alleges that defendants adopted the ATP in order to under-compensate and otherwise discriminate against their female FA’s, mere conclusory statements and recitations of the elements of a cause of action

Phillips Ex Rel. Green v. City of New York

453 F. Supp. 2d 690 · District Court, S.D. New York · Oct 16, 2006

Qualified Immunity under Social Services Law § 419.743 VII. ORDER . .744 I. … Qualified Immunity under Social Services Law § ¿19 The Foster Agency Defendants argue that CHB is entitled to qualified immunity from Plaintiffs’ negligent supervision claims by operation of New York Social Services Law §