Case law

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.

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 §

Ruffler v. Phelps Memorial Hospital

453 F. Supp. 1062 · District Court, S.D. New York · Jun 13, 1978

In these claims that he was denied his liberty without due process, plaintiff has clearly alleged acts which independently constitute deprivations of his federal constitutional “rights, privileges, or immunities,” and which … Pape insofar as it had held that local governments are wholly immune from suit under § 1983. Monell, supra, 98 S.Ct. at 2021. 6 .

Ellis v. Kim

District Court, S.D. New York · Nov 25, 2024

“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 … If an official’s belief that his action does not violate clearly established law is “objectively reasonable,” he is shielded from liability by qualified immunity. Cooper v. City of New Rochelle, 925 F.

Wultz v. Bank of China Ltd.

32 F. Supp. 3d 486 · District Court, S.D. New York · Jul 21, 2014

all the requisites for such immunity exist[ ].” 73 In doing so, I must determine “whether the ground of immunity is one which it is the established policy of the State Department to recognize.” 74 The State Department recently … Circuit, “[explicit waivers of sovereign immunity are narrowly construed ‘in favor of the sovereign.’ ” 93 “[A] foreign sovereign will not be found to have waived its immunity unless it has clearly and unambiguously done

Felix v. City Of New York

District Court, S.D. New York · Sep 30, 2019

The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Tolan v. … There can be little dispute that this doctrine constitutes clearly established law, making qualified immunity inappropriate. In Bumper v.

Valverde v. Folks

District Court, S.D. New York · Sep 30, 2020

Qualified Immunity “The doctrine of qualified immunity shields [public] officials from civil liability so long as their conduct ‘does not violate clearly established … Oct. 30, 2018) (concluding that defendants were entitled to qualified immunity “because the law is not clearly established” with respect to denials of grievances (citing Poe, 282 F.3d at 134)); Allah v.

Wahad v. Federal Bureau of Investigation

132 F.R.D. 17 · District Court, S.D. New York · Aug 20, 1990

Plaintiff also sought to add claims that the defendants’ activities violated the Privileges and Immunities Clause of the Constitution and rules and regulations of the Justice Department, FBI and United States Post Office. … Rather, the Magistrate only held that it is plaintiff’s burden to establish the need for particular documents or categories of documents as to which executive privilege has been asserted.

Pollack v. Nash

58 F. Supp. 2d 294 · District Court, S.D. New York · Jul 30, 1999

The Supreme Court, however, has clearly ruled that witnesses are absolutely immune from damage liability in § 1983 actions based on their testimony. Briscoe v. … Judge Garvey was clearly acting within her jurisdiction based on the failure of Karen Pollack to appear in court, and she would thus be entitled to absolute immunity whether or not proper service was effected in the underlying

Hershey v. Goldstein

938 F. Supp. 2d 491 · District Court, S.D. New York · Apr 9, 2013

Qualified Immunity Finally, defendants argue that, even where Hershey has adequately pled a claim, dismissal is still warranted on grounds of qualified immunity. … 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.”

Banks v. County of Westchester

168 F. Supp. 3d 682 · District Court, S.D. New York · Mar 9, 2016

The Court notes that Defendants do not raise the issue of qualified immunity and, as a result, declines to address it at this stage. See Satchell v. … Dilworth, 745 F.2d 781 , 784 (2d Cir.1984) (holding that qualified immunity "is an affirmative defense that must be pled by the official who claims it''); accord Betts v.

Mercado

District Court, S.D. New York · Nov 5, 2025

Qualified immunity Officer Haidome argues that he is entitled to “qualified immunity because it was not clearly established that making the alleged statement(s) alone would constitute a constitutional … For purposes of determining qualified immunity, an incarcerated person’s right to the free exercise of religion is “clearly established.” Ford, 352 F.3d at 597.

Guccione v. United States

670 F. Supp. 527 · District Court, S.D. New York · Sep 10, 1987

Sovereign Immunity a. … One of these, the “intentional torts exception” to the FTCA’s waiver of immunity, 28 U.S.C. § 2680 (h), clearly bars plaintiff's claims in this suit.

Dangler Ex Rel. Dangler v. Yorktown Central Schools

777 F. Supp. 1175 · District Court, S.D. New York · Nov 21, 1991

To become a member of the National Honor Society, a high school student must have a grade average above a certain level and qualify in three other categories: leadership, service, and character. … With respect to his father’s activities, it was established at trial that Mr.

Pou v. U.S. Drug Enforcement Administration

923 F. Supp. 573 · District Court, S.D. New York · Apr 26, 1996

Kress & Co., 398 U.S. 144, 157 , 90 S.Ct. 1598, 1608 , 26 L.Ed.2d 142 (1970), Fritzen and Rogers would be entitled to qualified immunity. See Harlow v. … Indeed, the undisputed evidence establishes that the DEA reasonably believed that the correct spelling was "Salvatore.”

New Alliance Party v. Federal Bureau of Investigation

858 F. Supp. 425 · District Court, S.D. New York · Jul 28, 1994

She was also the first member of any party qualified by the Federal Election Commission (“FEC”), ranking first in the number of Americans who contributed to her campaign. Comp. ¶ 9; Ex. … Generally, the United States and federal agencies are immune from suit unless Congress waives such immunity. United States v.

Sassower v. Abrams

833 F. Supp. 253 · District Court, S.D. New York · Sep 8, 1993

The Court notes that the claims against federal and state officials, other than judges, may be precluded by the doctrine of qualified immunity. … However, unlike absolute immunity, qualified immunity is measured by a standard of objective reasonableness, and therefore cannot ordinarily support dismissal under Fed.R.Civ.P. 12(b)(6). See Liffiton v.

Liner v. Hochul

District Court, S.D. New York · Jan 23, 2023

“The doctrine of qualified immunity shields government employees from civil liability where performance of their discretionary functions ‘does not violate clearly established statutory or constitutional rights of which … Chrysafis does not alter the analysis on qualified immunity in this case, as the actions of Governor Hochul in signing the CEEFPA extension bill did not violate clearly established rights.

Starker v. Adamovych

District Court, S.D. New York · Sep 30, 2019

The allegations in the Amended Complaint establish Detective Lodato’s entitlement to qualified immunity as a matter of law. … Rather, it is clearly established that an officer “certainly is entitled to qualified immunity” where, as here, a suspect’s defenses “rest[] on facts that are so unclear, or a legal theory that is not so clearly established

United States v. Wilson-Williams, Inc.

24 F.R.D. 468 · District Court, S.D. New York · Nov 23, 1959

: “In providing that Section 22 of the Clayton Act shall be the procedure to be followed in prosecution of alleged contempts for violation of injunctions procured under the Federal Food, Drug, and Cosmetic Act, Congress established … This quotation, when read in the context of the decision, clearly indicates that the words “limited special procedure” were used by the court to mean that only the special procedure of § 22 of the Clayton Act was to be looked