Case law

Lauro v. City of New York

39 F. Supp. 2d 351 · District Court, S.D. New York · Feb 25, 1999

Detective Charles is Not Entitled to Qualified Immunity With Respect to the Fourth Amendment Violation. Defendants assert that Det. … Charles, a government official, is entitled to qualified immunity with respect to plaintiffs Fourth *368 Amendment claims because his conduct did “not violate clearly established statutory or constitutional rights of which

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.”

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.

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.

Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation

304 F. Supp. 65 · District Court, S.D. New York · Sep 11, 1969

and establish procedures for such grants. … It would also appear — but not nearly so clearly — that the City agrees that so-called “transactional immunity” was not conferred upon plaintiffs in the administrative proceedings; that is, the record does not clearly indicate

Rodriguez v. Cuomo

751 F. Supp. 363 · District Court, S.D. New York · Nov 9, 1990

to increased costs (and I am not persuaded that the plaintiffs are so immune) is not a valid basis for exclusion from regular HEAP payments. *365 To qualify for any part of the federal funds distributed to the states under … Janklow 11 has already addressed this issue, concluding that LIHEAA funds cannot be withheld from eligible households on the basis of the receipt by those households of other forms of public assistance: [Section 8624(f) ] clearly

In Re Elan Corp. Securities Litigation

543 F. Supp. 2d 187 · District Court, S.D. New York · Mar 27, 2008

The Court interprets Plaintiffs’ argument as follows: Because Tysabri was believed to treat MS by inhibiting a component of the immune system, reports of adverse events related to the suppression of the immune system, like … trials, that numerous complaints during the Tysabri clinical trials “suggested symptoms of PML” is disregarded because CS 7 was not a physician but a data entry clerk, and Plaintiffs allege no facts indicating that CS 7 was qualified

Antonious v. Muhammad

873 F. Supp. 817 · District Court, S.D. New York · Jan 19, 1995

Although a prosecutor is clearly not entitled to absolute immunity from civil rights liability for defamatory out-of-court statements made to the press, see Buckley v. … Therefore, these claims, had they been asserted in the state court action, might not have withstood a challenge based upon qualified immunity.

Byrd v. Warden, Federal Detention Headquarters, New York

376 F. Supp. 37 · District Court, S.D. New York · May 30, 1974

The Court finds that since the issuance of safety goggles is clearly “within the outer perimeter of [the officer’s] line of duty” since he would not have this responsibility but for his position, his alleged failure to exercise … The Court of Appeals in Bivens went on to state: “Once it has been established that the officers were acting within the scope of their authority, in order to be immune they must show that they perform ‘discretionary acts

In Re Sept. 11 Property Damage and Business Loss Litigation

468 F. Supp. 2d 508 · District Court, S.D. New York · Jan 12, 2006

Clearly, this was not routine City business. … In particular, the Port Authority contends that the "World Trade Center Building Performance Study" issued by the Federal Emergency Management Agency (the "FE MA Report") clearly establishes that the decision of the FDNY

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.

Allen v. Koenigsmann

District Court, S.D. New York · Jun 21, 2024

established right, thereby entitling her to qualified immunity. … Accordingly, Plaintiff’s right was clearly established and not subject to the State Represented Defendants’ qualified immunity defense. See id. 2.

Colon v. City Of New York

District Court, S.D. New York · Oct 5, 2023

I decline to find that Defendants have waived the defense of qualified immunity. … The doctrine of qualified immunity protects officials from liability for civil damages when, “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to

City of New York v. Permanent Mission of India to the United Nations

376 F. Supp. 2d 429 · District Court, S.D. New York · Jul 7, 2005

It is established that, as set forth in the ‘Tate Letter’ of 1952, sovereign immunity should not be granted in actions with respect to real property, diplomatic and consular property excepted.” H.R.Rep. … International practice at the time of the FSIA’s enactment “declined to extend the immunity of a foreign sovereign to ‘an action to obtain possession of or establish a property interest in immovable property located in the

Mena v. Gutwein

District Court, S.D. New York · Sep 8, 2020

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was clearly established; and (3) even if the right was clearly

Hegna v. Islamic Republic of Iran

769 F. Supp. 2d 657 · District Court, S.D. New York · Mar 11, 2011

Act (“FSIA”) to revoke the sovereign immunity of nations that sponsor terrorism. … Specifically, § 1083 of the 2008 NDAA adds to § 1610 new provisions that are plainly intended to limit the application of foreign sovereign immunity or United States sovereign immunity as defenses to attachment or execution

Pena v. Downstate Correctional Facility Medical Department

District Court, S.D. New York · Mar 4, 2022

As such, “qualified immunity shields both state and federal officials from suit unless [1] the official violated a statutory or constitutional right that [2] was clearly established at the time of the challenged conduct … Therefore, Odeniyi is entitled to qualified immunity. III.

T.E. v. Pine Bush Central School District

58 F. Supp. 3d 332 · District Court, S.D. New York · Nov 4, 2014

by the qualified immunity doctrine. … Qualified immunity shields a “government official] from liability for civil damages insofar as [his or her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Crimson Semiconductor, Inc. v. Electronum

629 F. Supp. 903 · District Court, S.D. New York · Jan 29, 1986

The defendant has moved to amend its answer and to dismiss the complaint, claiming sovereign immunity under the Foreign Sovereign Immunities Act (“FSIA” or “the Act”), Pub.L. 94-583, 90 Stat. 2891, codified at 28 U.S.C. § … Although Count One would not be time-barred under Romanian law, Count Two clearly would be.

In re 650 Fifth Avenue & Related Properties

881 F. Supp. 2d 533 · District Court, S.D. New York · Jul 27, 2012

’s Board of Trustees have frequently signed affidavits addressed to American authorities ... stating that the Foundation is independent and devoid of any connection to the Government of Iran and the Iranian Government’s qualified … As the Supreme Court stated clearly in Bancec , in those instances, the Court may disregard the corporate form. Id. That is precisely the case here.