Case law

Genao v. City of New York

District Court, S.D. New York · Mar 26, 2025

Qualified immunity does not shield government officials from liability when “(1) the official violated a statutory or constitutional right, and (2) that right was clearly established at the time of the challenged conduct … Qualified immunity protects a government actor if it was “objectively reasonable for him to believe that his behavior did not violate the [plaintiff’s] clearly established constitutional rights” at the time of the challenged

Janes v. Triborough Bridge & Tunnel Authority

977 F. Supp. 2d 320 · District Court, S.D. New York · Oct 16, 2013

to sue under the Privileges and Immunities Clause. … Rhode Island and to establish residence there.”

Baoanan v. Baja

627 F. Supp. 2d 155 · District Court, S.D. New York · Jun 16, 2009

Baja next argues that the circumstances in this ease establish that his employment of Baoanan was official and not private, thus distinguishing the case from Swama. A brief summary of Swama is therefore appropriate. … his employment of a domestic worker, while a diplomatic agent who resides in a separate building adjoining or nearby his mission and employs a domestic worker to perform identical duties in an identical fashion, would not qualify

Douglas v. City Of New York

District Court, S.D. New York · Feb 1, 2022

Qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Because Officer Garcia did not violate a clearly established right, she is entitled to qualified immunity on Plaintiff’s excessive force claim.

Meiri v. Dacon

607 F. Supp. 22 · District Court, S.D. New York · Sep 26, 1984

Here the evidence clearly shows that, while plaintiff, an Orthodox Jew, is a member of a protected class and was discharged, she was not qualified for the position from which she was terminated. … As plaintiff has failed to demonstrate that she was qualified for the job from which she was terminated, she has failed to establish a prima facie case of discrimination.

Omar Washington v. Daniel Martuscello III, et al.

District Court, S.D. New York · Jul 13, 2026

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Significant here, Defendants pursue qualified immunity on a motion to dismiss.

United States v. Butler

351 F. Supp. 2d 121 · District Court, S.D. New York · Nov 4, 2004

It is well established, and is in any event clear from the plain language of the statute, that the listing of perjury and false statement prosecutions as exceptions to the immunity provided “is not intended to be an exclusive … And if any other crime constitutes a “failure to comply with [the immunity] Order,” a conspiracy to obstruct the investigation by committing perjury oneself and encouraging others to do so plainly qualifies.

Williams v. N.Y.C. Dept. of Corrections

District Court, S.D. New York · Apr 12, 2023

No. 47 ¶ 31 (“Defendants have not violated any clearly established constitutional or statutory rights of which a reasonable person would have known and therefore are entitled to qualified immunity.”). … Defendants did not violate any clearly established rights of which a reasonable officer would have been aware, and are therefore entitled to qualified immunity.”).

Mobil Cerro Negro Ltd. v. Bolivarian Republic of Venezuela

87 F. Supp. 3d 573 · District Court, S.D. New York · Feb 13, 2015

for arbitral awards. 28 U.S.C. § 1605 (a)(6)(B); see also id. § 1610(a)(6) (establishing exception to sovereign immunity from attachment of assets where “the judgment is based on an order confirming an arbitral award rendered … A *598 final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land.

Drayton v. METROPLUS HEALTH PLAN, INC.

791 F. Supp. 2d 343 · District Court, S.D. New York · May 16, 2011

HHC, a *345 public benefit corporation established by the New York State Legislature, see N.Y. Unconsol. Law §§ 7381 et seq. … [of] providing commuter transportation” and thereby granted it the immunity from punitive damages enjoyed by political subdivisions under New York common law. Id.

Gilinsky v. Columbia University

488 F. Supp. 1309 · District Court, S.D. New York · May 2, 1980

As to the others, merely being subject to the laws of the State or the United States is clearly insufficient to show that action in violation of those laws is state action. … Clearly, the department was not seeking to appoint a tenured professor from outside the University whose specialization was in the area of sensation and perception.

Gibson v. American Broadcasting Companies, Inc.

700 F. Supp. 707 · District Court, S.D. New York · Nov 10, 1988

Judge Daronco granted summary judgment for defendants on the grounds that Hope failed to establish that he was qualified to receive acting editor duties sooner. … Thus, contrary to the May Order, Hope argues that he established that he was qualified to take on editorial responsibilities and was similarly situated to Caucasians who received acting editor duties at an earlier date.

Falls v. DuBois

District Court, S.D. New York · Aug 7, 2019

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

New York State National Organization for Women v. Pataki

189 F.R.D. 286 · District Court, S.D. New York · Oct 26, 1999

Defendants moved to dismiss plaintiffs’ damages claims based on their claim of qualified immunity. That motion was granted in part and denied in part by an opinion and order entered on July 24,1998. See NOW v. … Class Certification Challenges Under NOW II Defendants also argue that NOW II mooted subclass A’s and subclass B’s claims because the decision granted defendants qualified immunity from the claims of persons with pending

Vilastor-Kent Theatre Corp. v. Brandt

19 F.R.D. 522 · District Court, S.D. New York · Jun 6, 1956

Phillips that it comes within the “work-product immunity”. … That this memorandum comes within the “work-product” immunity seems to be clear from the following quotation from Hickman v. Taylor, supra.

Woods v. Candela

921 F. Supp. 1140 · District Court, S.D. New York · Apr 9, 1996

In the alternative, he claims is entitled to qualified immunity. … Because this Court concludes that the defendant acted with probable cause at all times and thus no unconstitutional search and seizure occurred, it need not reach the issue of the Trooper’s qualified immunity.

Parex Bank v. Russian Savings Bank

116 F. Supp. 2d 415 · District Court, S.D. New York · Sep 20, 2000

This Court concluded in a prior opinion that Sberbank, as an instrumentality or agency of the Russian State, qualifies as a “foreign state” under the FSIA. Parex Bank v. … The most relevant exception to foreign sovereign immunity is the “commercial activity” exception, which provides that a foreign state is not immune from suit in any case: in which the action is based upon ... an act outside

Fuentes v. City of New York Human Resources Administration

830 F. Supp. 786 · District Court, S.D. New York · Sep 13, 1993

The agency has made no contention that plaintiff is not qualified to be a sergeant, but rather solely that others who were promoted in the past were more qualified. … The allowance of interlocutory appeals from denials of motions claiming qualified immunity as a matter of law does not apply to injunctive relief. See Green v.

Gottlieb v. Village of Irvington

69 F. Supp. 2d 553 · District Court, S.D. New York · Oct 19, 1999

Therefore, Plaintiffs’ Section 1983 claim against the Village must be dismissed. *561 Qualiñed Immunity A government agent is entitled to qualified immunity under Section 1983 if it was objectively reasonable for him to believe … Thus, the individual Defendants are entitled to qualified immunity for issuing the stop work order.

In Re Ocean Shipping Antitrust Litigation

500 F. Supp. 1235 · District Court, S.D. New York · Oct 15, 1980

If the existence of a tariff filing system were a touchstone of determining immunity from the antitrust laws, it would be difficult to abide by the well established principle that repeal of the antitrust laws is not favored … In sum, we find that the implementation of unapproved agreements, including activities involving the establishment of rates that are filed as tariffs, is not immune from the antitrust laws.