Case law

Gunn v. Malani

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

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity shields a defendant from standing trial or facing other burdens of litigation “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the

Reale International, Inc. v. Federal Republic of Nigeria

562 F. Supp. 54 · District Court, S.D. New York · Sep 22, 1982

That is to say, Nigeria did not establish a “confirmed” letter of credit with the Banco de Bilbao of Spain. … That being so, the case clearly falls within the FSIA, 28 U.S.C. § 1605 (a)(2), which exempts from the doctrine of sovereign immunity from suit a cause of action based upon: “. .. an act outside the territory of the United

Corbia v. Port Chester-Rye Union Free School District

District Court, S.D. New York · Dec 5, 2024

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 … If an official’s belief that his or her 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.

Cuff Ex Rel. B.C. v. Valley Central School District

559 F. Supp. 2d 415 · District Court, S.D. New York · May 5, 2008

Qualified Immunity Having determined that there was no underlying constitutional violation in this case, we need not decide whether defendant Knecht would be entitled to qualified immunity. Saucier v. … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity

Loving

District Court, S.D. New York · Jun 22, 2026

A defendant is entitled to qualified immunity if (1) the defendant’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively … (See Ds’ Mem. at 12 (arguing Defendants entitled to qualified immunity).)

Wunner v. Smith

District Court, S.D. New York · Jan 18, 2022

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. … “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

Fratello v. Roman Catholic Archdiocese

175 F. Supp. 3d 152 · District Court, S.D. New York · Mar 29, 2016

E.E.O.C., - U.S. -, 132 S.Ct. 694 , 709 n. 4, 181 L.Ed.2d 650 (2012), and accordingly Defendants bear the burden of establishing it. … Id. at 708 (majority opinion). 12 The record clearly indicates that Plaintiff filled such a role from the beginning of her tenure as principal at the School.

Rogers v. Petróleo Brasileiro, S.A.

741 F. Supp. 2d 492 · District Court, S.D. New York · Sep 27, 2010

Mere citizenship or residency does not establish that direct effects were felt in the United States. Adler v. … Petrobrás bears the bur- *509 den as movant to establish that court congestion weighs in favor of dismissal.

Marisol A. Ex Rel. Forbes v. Giuliani

157 F. Supp. 2d 303 · District Court, S.D. New York · Aug 29, 2001

The Agreement established a method for Plaintiffs to monitor OCFS’s compliance. … Under ¶ 36, Defendants clearly consented to this Court’s jurisdiction to enforce the Agreement.

Casanova v. Maldonado

District Court, S.D. New York · Jul 22, 2019

In order to determine whether a defendant is entitled to qualified immunity, the court must consider: (1) whether a constitutional right has been violated; (2) whether that right was clearly established at the time; and … qualified immunity.

Henry-Lee v. City of New York

746 F. Supp. 2d 546 · District Court, S.D. New York · Sep 30, 2010

New York City Defendants argue that the Defendant Officers are entitled to qualified immunity. … Qualified immunity protects officers who violate constitutional rights that were not clearly established at the time of the police action. Harlow v.

Stora

District Court, S.D. New York · Dec 30, 2025

The initial entrance wasn’t clearly unlawful, so defendants are shielded by qualified immunity Stora’s Fourth Amendment challenge turns on the validity of … Here, qualified immunity shields the parole officers.

Doe v. Helen Hayes Hospital

District Court, S.D. New York · Sep 13, 2021

While qualified immunity is ordinarily an affirmative defense asserted in an answer, a defendant can properly raise a qualified immunity defense in a pre-answer 12(b)(6) motion to dismiss. Daugevelo v. … 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.

O'Neal v. City of New York

196 F. Supp. 3d 421 · District Court, S.D. New York · Jul 22, 2016

immunity. … Absolute immunity does not “extend[ ] to all activity that a witness conducts outside of the grand jury room” and only qualified immunity would protect law enforcement officials who falsify affidavits or fabricate evidence

White v. Jones

636 F. Supp. 772 · District Court, S.D. New York · Jun 4, 1986

Memo at 17; Tr. at 316-17, 321-22, 346-53. 10 It is well-established in this Circuit that the Compulsory Process Clause of the Sixth Amendment “does not support a claim for defense witness immunity.” … Smith, 615 F.2d 964 (3d Cir.1980), heavily relied upon by petitioner here, is clearly inapposite.

United States Lines (S.A.), Inc. v. United States (In Re McLean Industries, Inc.)

162 B.R. 410 · District Court, S.D. New York · Dec 22, 1993

Therefore, it is clear that § 106(a) establishes a waiver of sovereign immunity. 5 A waiver of sovereign immunity under § 106(a) is, however, limited. … This language clearly establishes that the Debtor did not mislead Marad as to its intentions. Thus, the Debtor did not misrepresent or conceal any facts to Marad so as to estop them from asserting a preference claim.

Javits v. Stevens

382 F. Supp. 131 · District Court, S.D. New York · Sep 24, 1974

Disciplinary proceedings are quasi-criminal in nature, 20 and lawyers subject to such proceedings are entitled to the elements of procedural due process. 21 “No principle of procedural due process is more clearly established … No other body is as well qualified or as interested in determining whether an attorney is qualified to practice law.

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.

Shargel v. Fenton

459 F. Supp. 700 · District Court, S.D. New York · Oct 31, 1978

testimony as is necessary to establish the corpus delicti of the offense. … As was stated in Frumento, supra, at 543 , and quoted with approval in Apfelbaum, supra, at 1270: “Clearly, if a witness had invoked his Fifth Amendment privilege, the government could have no testimony available with which

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cavicchia

311 F. Supp. 149 · District Court, S.D. New York · Mar 12, 1970

Were it not for the Eleventh Amendment issue raised by defendants, plaintiffs’ interpleader actions would clearly lie. … The facts of the Bunge case, however, are clearly distinguishable from the proceedings here under consideration.