Case law

Kearney v. County of Rockland

373 F. Supp. 2d 434 · District Court, S.D. New York · Jun 15, 2005

Defendants also contend that qualified immunity bars all of plaintiffs § 1983 claims against Stormes. (Id. at 23.) First, we will consider whether plaintiff has established a prima facie case. … Because we have determined that plaintiff has not established a prima facie case we need not address defendants' qualified immunity argument with respect to Stormes. 22 .

Fernandez v. Doe

District Court, S.D. New York · Apr 17, 2023

Badami argues she is protected by qualified immunity because plaintiff does not plausibly allege the specific conduct here violated clearly established constitutional rights. … To evaluate an assertion of qualified immunity, a court “must determine whether any constitutional right that the defendant violated ‘was clearly established at the time of the alleged violation.’” Peoples v.

Wiggins v. Griffin

District Court, S.D. New York · Feb 22, 2021

Qualified Immunity Defendants argue also that they are entitled to qualified immunity. … The doctrine of qualified immunity shields prison officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

M.K.B. v. Eggleston

445 F. Supp. 2d 400 · District Court, S.D. New York · Aug 29, 2006

In response to this Court’s Order of February 16, 2006, HRA established a procedure intended to ameliorate the erroneous denial of benefits to battered qualified aliens and to eligible PRUCOL aliens. … Beyond all else, plaintiffs have also clearly established for these purposes an overwhelming likelihood of success on them contention that the City, in its failure to adequately train its employees, was “deliberately indifferent

Rodriguez v. Burnett

District Court, S.D. New York · Apr 4, 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.

Adorno v. Correctional Services Corp.

312 F. Supp. 2d 505 · District Court, S.D. New York · Mar 30, 2004

CSC’s Vicarious Liability CSC states that “Correa’s alleged sexual misconduct was clearly outside the scope of his duties as [Resident Advocate] and the alleged conduct clearly did not serve any legitimate business purpose … The third and fourth factors, however, clearly favor CSC.

Days v. Police Department

District Court, S.D. New York · Jul 9, 2025

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for … the accused’s clearly established constitutional right); Mejia v.

Luyando v. Bowen

124 F.R.D. 52 · District Court, S.D. New York · Jan 12, 1989

Rule 23(a) A plaintiff bears the burden of establishing the right to maintain a class action under Federal Rule of Civil Procedure 23. … Thus, the Plaintiffs qualify for class certification. Wilcox v. Petit, 117 F.R.D. at 318. Accordingly, I hold that plaintiff has satisfied the requirements of Rule 23(b)(2), and qualifies for class certification.

Desiderio v. National Ass'n of Securities Dealers, Inc.

2 F. Supp. 2d 516 · District Court, S.D. New York · Apr 22, 1998

Lai also is distinguishable in that when the events relevant to the instant action occurred, the NASD arbitration rule in effect clearly covered employment disputes. … United States, 814 F.2d 120, 122 (2d Cir.1987) (finding that the general jurisdictional statute does not waive sovereign immunity); see also Weeks Construction, Inc. v.

United States v. Yonkers Board of Education

594 F. Supp. 466 · District Court, S.D. New York · Sep 18, 1984

Thus, the claims asserted in the counterclaim and third-party complaint are clearly alternative theories of liability, since the defendant could not recover on both. … However, the Supreme Court in Northwest Airlines .assumed for purposes of its decision that all of the elements of a typical contribution claim are established.

New York Citizens Committee on Cable TV v. Manhattan Cable TV, Inc.

651 F. Supp. 802 · District Court, S.D. New York · Dec 18, 1986

State Action Immunity In addressing the applicability to private parties of “state action” immunity from the antitrust laws, the issue is wheth *809 er or not the alleged anticompetitive conduct was authorized by New York … The Committee has no interest in establishing a particular lease rate.

Lowrance v. Coughlin

862 F. Supp. 1090 · District Court, S.D. New York · Sep 8, 1994

Qualified Immunity The doctrine of qualified immunity does not shield the defendants, except with regard to plaintiffs due process claims regarding the sheer number of transfers and the assignment of transfer codes without … Keuker, 850 F.2d 73 (2d Cir.1988) (“qualified immunity is available only if the defendant’s actions were objectively reasonable under the legal rules that were clearly applicable at the time of the actions”) (citing Harlow

Escoffier v. New York Police Department

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

Qualified immunity protects officials from suit if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … For purposes of the qualified immunity analysis, the question is whether such conduct, if used to obtain consent to enter a dwelling, violated clearly established law.

Sea Transport Contractors, Ltd. v. Industries Chemiques Du Senegal

411 F. Supp. 2d 386 · District Court, S.D. New York · Jan 24, 2006

For the following reasons the Court holds that (1) ICS is not immune under the Foreign Sovereign Immunities Act; (2) the disputed contract is a maritime contract subject to Rule B attachment; (3) Rule B attachments can be … Absent an explicit waiver of immunity, a foreign state is immune from prejudgment attachment of its assets used for commercial activity in the United States. See 28 U.S.C. § 1610 (d); Banco de Seguros del Estado v.

Fraser v. City Of New York

District Court, S.D. New York · Jul 14, 2022

The City also seeks qualified immunity for the officers, arguing that their failure to disclose potential impeachment material in the form of lawsuits against them did not violate clearly established law. … immunity grounds.

Kantor v. Kahn

463 F. Supp. 1160 · District Court, S.D. New York · Jan 16, 1979

The FTCA regulations clearly require that: “A claim for personal injury may be presented by the injured person, his duly authorized agent, or legal representative.” … A class action can also be maintained if a class claim has been filed which names the individual claimants, asserts and establishes the authority of the named claimant (or claimants) to present claims on behalf of the unnamed

Rios v. Marshall

530 F. Supp. 351 · District Court, S.D. New York · Nov 23, 1981

The court therefore declines to take the extraordinary step of implying blanket antitrust immunity. Where there is no blanket immunity, defendants may nevertheless be immune with respect to particular practices. … The court turns first to the question of foreign sovereign immunity.

Dar El-Bina Engineering & Contracting Co. v. Republic of Iraq

79 F. Supp. 2d 374 · District Court, S.D. New York · Jan 7, 2000

Thus, the FSIA clearly applies to this action. … In order to make this determination, it is necessary to distinguish clearly among the different promissory notes and their conditions of payment.

Encarnacion v. Irby

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

[Encarnacion] has clearly not been denied access to the courts. … Jan. 16, 1991) (holding that “[p]roof of bad faith or maliciousness is necessary to overcome” a court clerk’s qualified immunity).

Morgan v. Sylvester

125 F. Supp. 380 · District Court, S.D. New York · Oct 26, 1954

The trial minutes submitted by plaintiff are in accord with the affidavit of the Trial Judge and establish beyond peradventure that plaintiff was given the widest latitude during the course *389 of a five-day trial to presen … She was permitted to testify in narrative form and as a result much matter, clearly not germane to the issues, was received in evidence without objection.