Case law

Summers

District Court, S.D. New York · Sep 29, 2025

Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly … In order to determine whether or not qualified immunity applies, the court considers: “(1) whether the plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was clearly

Colson v. Annucci

District Court, S.D. New York · Aug 27, 2024

Whether Defendants Are Entitled to a Qualified Immunity Defense “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … Defendants assert that “Defendants are still entitled to qualified immunity because it would not have been clear to reasonable officials that the actions Defendants took violated Plaintiff’s clearly established federal

Welch v. City of Peekskill

District Court, S.D. New York · Jan 15, 2024

If an official’s belief that his action does not violate clearly established law is “objectively reasonable,” he or she is shielded from liability by qualified immunity. Cooper v. City of New Rochelle, 925 F. … Oct. 5, 2023) (declining to find that defendants have waived the defense of qualified immunity where defendants did not raise qualified immunity in their motion to dismiss, answer, or motion for summary judgment, but did

Ferreira v. United States

350 F. Supp. 2d 550 · District Court, S.D. New York · Dec 29, 2004

Ferreira has the burden of establishing his standing to bring the Motion. Id. at 561 , 112 S.Ct. 2130 . … to demands for information from state courts, clearly contemplate that subpoenas may issue.”

Bernstein v. Village of Wesley Hills

95 F. Supp. 3d 547 · District Court, S.D. New York · Mar 27, 2015

§ 1983 claims together with Defendants’ qualified immunity defense. … The Court has already held that Plaintiffs must show that they were selectively treated in order to overcome Defendants’ qualified immunity.

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

Prensa Grafica Cubana S.A. v. Osle

195 F. Supp. 636 · District Court, S.D. New York · Jun 20, 1961

Some tests are well established. … The federal nature of the right to be established is decisive — not the source of the authority to establish it.”

Bank Brussels Lambert v. Credit Lyonnais (Suisse) S.A.

160 F.R.D. 437 · District Court, S.D. New York · Feb 28, 1995

Allen Aff. at ¶ 5. 2 In light of these facts, the first factor — the reasonableness of precautions taken by counsel — clearly favors the plaintiffs. … However, it must still be determined whether these documents would be entitled to work product immunity in the first place. To qualify, they must have been prepared “in anticipation of litigation.”

United States v. Anchor Line, Ltd.

232 F. Supp. 379 · District Court, S.D. New York · Jul 17, 1964

Clearly, the Lauritzen and the Hondurena cases are inapposite. … But there is no issue of immunity involved in this case.

Rosario v. Scully

679 F. Supp. 384 · District Court, S.D. New York · Feb 10, 1988

their responsibilities and have not hesitated to order new trials when state trial judges have exceeded the bounds of proper conduct and intervened so extensively as to deny a defendant a fair trial,” this Circuit in Daye established … The appellate court concluded that the record clearly showed that Garcia “was an extremely disreputable individual with a significant criminal history ...

Official Committee of Unsecured Creditors of Operation Open City v. New York State Department (In Re Operation Open City, Inc.)

170 B.R. 818 · District Court, S.D. New York · Aug 22, 1994

The applicable standard of review is provided by Rule 8013 of the Federal Rules of Bankruptcy Procedure, which directs that the bankruptcy court’s findings of fact may not be set aside unless they are shown to be clearly … on this claim yet still retain its immunity.

Beeson v. Fishkill Correctional Facility

28 F. Supp. 2d 884 · District Court, S.D. New York · Dec 10, 1998

. § 1983 unless it has waived its Eleventh Amendment immunity or Congress has passed legislation legitimately overriding that immunity. See Will v. … Apr.21, 1998), and Congress has not otherwise taken it away, Fishkill is immune from suit in this court.

Charles v. Odum

664 F. Supp. 747 · District Court, S.D. New York · Jun 15, 1987

established, ... not whether a reasonable person would have known of the law.’ … Plaintiffs have not cited, and the Court has not found, a case clearly establishing that the conduct at issue violated federal law. Compare, e.g., Dale v.

Hanniford v. City of Poughkeepsie

District Court, S.D. New York · Nov 29, 2022

Defendants’ argument with respect to malicious prosecution is two-fold: (i) they are entitled to qualified immunity because, at the time of the incident, the law of this Circuit was clearly established that an interest … If an official’s belief that his action does not violate clearly established law is “objectively reasonable,” he or she is shielded from liability by qualified immunity. Cooper v. City of New Rochelle, 925 F.

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

Long v. Lafko

254 F. Supp. 2d 444 · District Court, S.D. New York · Apr 1, 2003

Civ 12(b)(6) on the grounds that: (1) the complaint fails to state a claim; (2) Defendants have qualified immunity; and (3) Long failed to exhaust available administrative remedies. … However, the Court need not address the issue of whether Pinckney’s acts rise to the level of deliberate indifference, or whether she is entitled to invoke qualified immunity, because the Court concludes that Long did not

Peck v. United States

88 F.R.D. 65 · District Court, S.D. New York · Sep 10, 1980

An “immunity” defense was interposed which we held to be “qualified” only-i. e. based upon good faith and reasonable grounds. … Under Proposed Rule 509 the Government has a qualified privilege.

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

Aguilar v. New York Convention Center Operating Corp.

174 F. Supp. 2d 49 · District Court, S.D. New York · Nov 5, 2001

Eleventh Amendment Immunity Defendants first argue that the Eleventh Amendment affords them immunity from this suit. … Because there is no evidence in the record establishing the actual extent to which the NYCCOC is self-funded, the Court concludes that the third factor is neutral.

Williams v. Hughes

District Court, S.D. New York · Dec 27, 2024

“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) … “Even where the plaintiff's federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him