Case law

Demilo-Fytros v. City of Mount Vernon

993 F. Supp. 221 · District Court, S.D. New York · Feb 18, 1998

INDIVIDUAL DEFENDANTS The doctrine of qualified immunity entitles public officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person … the current record that they are entitled to qualified immunity.

Murphy v. New York Racing Ass'n, Inc.

76 F. Supp. 2d 489 · District Court, S.D. New York · Dec 6, 1999

qualified immunity. … Clearly Established Law Having determined that qualified immunity is generally available to the Board Defendants, it remains to determine whether their assertion of it satisfies the requirements set forth by the Supreme Court

Malsh v. Austin

901 F. Supp. 757 · District Court, S.D. New York · Oct 20, 1995

Even where the plaintiffs 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 to … For the plaintiff to overcome the qualified immunity defense, he must demonstrate that he possessed a clearly established constitutional right.

Berbick v. Precinct 42

977 F. Supp. 2d 268 · District Court, S.D. New York · Sep 27, 2013

Defendants Jordan and Bragg, however, must establish either the reasonableness of the search or qualified immunity. b. The Reasonableness of the Frisk Frisks are reasonable when necessary to protect officer safety. … Qualified Immunity Even without undisputed facts showing that the search was reasonable, Defendants would be entitled to summary judgment if the undisputed facts supported a qualified immunity defense.

Toliver v. New York City Department of Corrections

202 F. Supp. 3d 328 · District Court, S.D. New York · Jul 29, 2016

Mar. 27, 2006) (finding defendant who “clearly failed to request special interrogatories even after he had been invited to do so” by the Court waived qualified immunity defense). … It is true that “qualified immunity protects state officials from civil liability for actions performed in the course of their duties if their conduct does not violate clearly established statutory or constitutional rights

Deutsch v. Federal Bureau of Prisons

737 F. Supp. 261 · District Court, S.D. New York · May 2, 1990

The question of whether a right is clearly established is one of law, Yalkut v. … The right the government official is alleged to have violated is “clearly established,” and hence beyond any qualified immunity, when the “contours” of the right are sufficiently unambiguous so that a reasonable official

New York State National Organization for Women v. Cuomo

14 F. Supp. 2d 424 · District Court, S.D. New York · Jul 24, 1998

Although violation of state rules or regulations may inform the court’s analysis of a qualified immunity defense, the defense may only be defeated by the court’s determination that the official violated “clearly established … The court must look to Supreme Court and Second Circuit precedent in evaluating whether the law relevant to the constitutional issues raised here is “clearly established” for qualified immunity purposes. See Elder v.

Rodriguez v. WOLBACH

499 F. Supp. 2d 479 · District Court, S.D. New York · Jun 27, 2007

However, if a constitutional violation is *488 proven, “the next ... step is to ask whether the right was clearly established.” 92 Qualified immunity applies unless the official’s conduct violated a clearly established constitutional … his conduct was unlawful.’ ” 115 If an official’s conduct did not violate clearly established law, that official is entitled to qualified immunity.

Brogdon v. City of New Rochelle

200 F. Supp. 2d 411 · District Court, S.D. New York · May 15, 2002

Furthermore, both Benge and Chiera are entitled to qualified immunity. … The Supreme Court has recently defined what it means for a law to be “clearly established” in the context of a qualified immunity defense: ‘Clearly established’ for purposes of qualified immunity means that ‘the contours

Morales v. New York

22 F. Supp. 3d 256 · District Court, S.D. New York · May 22, 2014

A qualified immunity defense is established where “(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 … When considering a claim of qualified immunity, courts ask first whether there was a violation of a clearly established constitutional right. Id. at 706 .

Greenwood v. State of New York

939 F. Supp. 1060 · District Court, S.D. New York · Sep 3, 1996

Qualified Immunity Individual defendants rely on the doctrine of qualified immunity in support of their motion for summary judgment. … Thus, defendants claiming qualified immunity must show either: (1) that the right “was [not] clearly established at the time of the alleged violation,” or (2) that “reasonable persons in their position would not have understood

Brown v. McElroy

160 F. Supp. 2d 699 · District Court, S.D. New York · Sep 4, 2001

It is well-established that qualified immunity acts to shield government officials from liability under section 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … their actions did not violate a clearly established right.

McKinney v. Huntsville Sch. Dist.

345 F. Supp. 3d 1071 · District Court, S.D. New York · Oct 12, 2018

Counts IV and VI: Qualified Immunity Certain government officials who are performing "discretionary functions" are immune from civil action as long as their conduct does not "violate clearly established statutory or constitutional … Courts analyze two elements to determine whether qualified immunity applies: (1) whether the official violated plaintiff's constitutional rights; and (2) whether those rights were clearly established. Saucier v.

Bender v. General Services Administration

539 F. Supp. 2d 702 · District Court, S.D. New York · Mar 5, 2008

Qualified immunity shields government officials from civil liability for constitutional torts “insofar as their conduct does not violate clearly established statutory or constitutional rights of which *713 a reasonable person … Qualified immunity protects a defendant from suits for violations only of constitutional rights that are not "clearly established” at the time of the alleged violation. Saucier v.

Johnson v. City of New York

940 F. Supp. 631 · District Court, S.D. New York · Sep 24, 1996

An officer may also establish qualified immunity by showing that, notwithstanding a violation of a clearly established constitutional or statutory right, it was objectively reasonable for him to believe his actions did not … Polis is Entitled to Qualified Immunity on the Excessive Force Claim Polis is entitled to qualified immunity on Johnson’s excessive force claim.

Holley v. COUNTY OF ORANGE, NY

625 F. Supp. 2d 131 · District Court, S.D. New York · Jan 14, 2009

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. … Thus, a qualified immunity defense is established where “(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

Masciotta v. Clarkstown Central School District

136 F. Supp. 3d 527 · District Court, S.D. New York · Sep 30, 2015

Qualified Immunity Qualified immunity shields & “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 … Because qualified immunity.

Perez v. Duran

962 F. Supp. 2d 533 · District Court, S.D. New York · Jul 3, 2013

However, to find a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond debate.” … If a right is clearly established, an officer will still be entitled to qualified immunity if the officer’s “actions were not objectively unreasonable at the time they were taken.” Lee v.

Rodriguez v. Village of Ossining

918 F. Supp. 2d 230 · District Court, S.D. New York · Jan 14, 2013

Thus, qualified immunity provides protection to police officers faced with an excessive force claim unless the officers (1) “violated a constitutional right (2) that was clearly established at the time of the alleged violation … a qualified immunity defense.' ” Caban v.

Estrella v. Menifee

275 F. Supp. 2d 452 · District Court, S.D. New York · Jul 17, 2003

Qualified Immunity Assuming, arguendo, that plaintiff has adequately alleged a violation of his constitutional rights, defendants would still be dismissed from this lawsuit under the doctrine of qualified immunity. … Here, plaintiff fails the second and third prongs of the qualified immunity analysis.