Case law

Freund v. Republic of France

592 F. Supp. 2d 540 · District Court, S.D. New York · Dec 19, 2008

“This proof establishes a presumption that immunity applies.” Baglab Ltd. v. Johnson Matthey Bankers Ltd., 665 F.Supp. 289, 293-94 (S.D.N.Y.1987). … to sovereign immunity.

Rao v. New York City Health and Hospitals Corp.

882 F. Supp. 321 · District Court, S.D. New York · Apr 7, 1995

(“The [district] court apparently viewed the reinstatement claim, sua sponte, as one to which Rehn’s defense of qualified immunity was apphcable. … Rose, 768 F.2d 765 (6th Cir.1985) ("[T]he qualified immunity defense only protects the superintendent in his individual capacity from money damages, not from other forms of relief sought such as reinstatement. ...

Marlow v. Office of Court Administration of New York

820 F. Supp. 753 · District Court, S.D. New York · Apr 20, 1993

Marlow has not managed to establish the second element listed here necessary to make his prima facie case: that he was qualified for the position. … Marlow has made no showing that he was qualified apart from his test scores.

Percy v. Brennan

384 F. Supp. 800 · District Court, S.D. New York · Nov 8, 1974

(Plan, Article IV, of § 2) Goals were established on a craft-to-craft basis, and qualified graduates of the program were to be recommended to the appropriate union “for consideration for membership.” … In Eisen an administrative remedy clearly existed, which would have been futile to invoke because earlier decisions dictated an adverse outcome.

Figueroa v. Ministry for Foreign Affairs of Sweden

222 F. Supp. 3d 304 · District Court, S.D. New York · Nov 28, 2016

When the defendant claims immunity under the FSIA and “presents a prima facie case that it is a foreign sovereign, the plaintiff has the burden of going forward with evidence showing that, under exceptions to the FSIA, immunity … agree that the employment relationship is the proper starting point for the commercial activity exception inquiry, the courts of appeals apply different analytical approaches to assess whether the employment relationship qualifies

Grant v. City of New York

848 F. Supp. 1131 · District Court, S.D. New York · Apr 1, 1994

Defendants now move for summary judgment under Rule 56, F.R.Civ.P., dismissing these claims, or in the alternative summary judgment based on the doctrine of qualified immunity. I. … Because the false arrest claim has been disposed of, the court need not consider the issue of qualified immunity. IT IS SO ORDERED. 1 . Plaintiff's claims against Pia Johanson are not at issue here. 2 .

Molchatsky v. United States

778 F. Supp. 2d 421 · District Court, S.D. New York · Apr 19, 2011

In the FTCA context, because the United States, as a sovereign, is immune from all suits against it absent an express waiver of its immunity, United States v. … The conduct at issue here clearly relates to discretionary decisions that are susceptible to policy-based analysis — e.g., following one lead versus another, deciding which complaints to pursue and how.

Avent v. Solfaro

210 F.R.D. 91 · District Court, S.D. New York · Oct 9, 2002

He has demonstrated that he is capable of presenting the facts clearly and *94 drafting pleadings and motions backed by legal research. Furthermore, this case does not present novel or overly complex legal issues. … Avent also moves to strike the affirmative defenses, including failure to state a claim upon which relief may be granted, failure to exhaust administrative remedies, failure to mitigate damages, qualified immunity, legal

Group Health Inc. v. Blue Cross Ass'n

587 F. Supp. 887 · District Court, S.D. New York · Jun 13, 1984

Despite this clearly unauthorized behavior, the Court held that the defendants had properly removed under § 1442(a)(1). … The first and sixth claims assert that defendants breached a duty established by, inter alia, the Medicare statute and regulations and the HHS Secretary’s Intermediary Manual.

Brown v. Annucci

District Court, S.D. New York · Feb 6, 2025

Qualified immunity shields a government official from liability for civil damages if either (1) the “official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Thus, at the time of the alleged deprivation, it was not clearly established that missing one religious service constituted a free exercise violation.

Nesbiet v. General Electric Co.

399 F. Supp. 2d 205 · District Court, S.D. New York · Mar 28, 2005

During his Navy career, which began in 1971 and ended in 2001, Betts became a “qualified surface warfare medical department officer,” in which capacity he became “generally familiar with the industrial products that were … [of the defendant’s claim to official immunity] in order to show the required causal connection.” 58 Moreover, the cases cited by Nesbiet in support its position are distinguishable from this case for the simple reason that

Monroe v. Gerbing

District Court, S.D. New York · Sep 25, 2019

Mem. 11.)2 “Qualified immunity protects officials from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional rights of … In determining whether a right is clearly established, the “inquiry turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken

Chen v. United States

674 F. Supp. 1078 · District Court, S.D. New York · Dec 7, 1987

The United States argues that it is immune from suit under a variety of the exceptions to its FTCA waiver of immunity enumerated at 28 U.S.C. § 2680 . … The Court therefore looked to District of Columbia law to determine whether it established any analogous duties.

Barkai

District Court, S.D. New York · Sep 19, 2025

“Even where actual probable cause does not exist, police officers may be entitled to qualified immunity from a [Section] 1983 false arrest claim if their actions did not violate ‘clearly established’ rights or if ‘arguable … First, police officers are immune where “reasonable officers could disagree ‘on the legality of the action at issue in its particular factual context,’ the officer is entitled to qualified immunity.” Id.

Dash v. Mayers

District Court, S.D. New York · Jun 9, 2020

State officials are entitled to qualified immunity as an affirmative defense from suits under § 1983 unless the plaintiff is able to establish that a “clearly established” constitutional or statutory right was violated … Wright, 386 defendant will be “shielded by qualified immunity on a motion to dismiss if the complaint fails to allege the violation of a clearly established constitutional right.” Stephens v.

Quinones v. City Of New York

District Court, S.D. New York · Nov 1, 2020

An officer may take advantage of qualified immunity, and thereby avoid liability for civil damages and the burdens of a lawsuit, if he demonstrates that his conduct “does not violate clearly established statutory or constitutional … Because Officer Fernandez did not violate a clearly established right, he is entitled to qualified immunity on Plaintiff’s excessive-force claim.

Ganguly v. New York State Department of Mental Hygiene-Dunlap Manhattan Psychiatric Center

511 F. Supp. 420 · District Court, S.D. New York · Mar 25, 1981

Plaintiff may establish a prima facie case of discriminatory treatment by showing: “(1) that he belongs to a racial minority; (2) that he applied and was qualified for a job for which the employer was seeking applications … It remains to consider whether plaintiff established a prima facie ease as to the state defendants. Although states may clearly be held liable for damages in a Title VII suit, Fitzpatrick v.

Harrison v. Banque Indosuez

6 F. Supp. 2d 224 · District Court, S.D. New York · May 20, 1998

Is Plaintiff “Qualified” Under the ADA? … This provision clearly is not the express limitation of the Bank’s rights needed to overcome the presumption of at will employment.

Berry v. Marchinkowski

137 F. Supp. 3d 495 · District Court, S.D. New York · Sep 30, 2015

DeQuarto, 777 F.Supp.2d 492, 500 (S.D.N.Y.2011) (“Individual state employees may claim qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A police officer or other government official will be protected from liability for his discretionary actions by the doctrine of qualified immunity “if either (1) his conduct does not violate clearly established statutory

Donato v. Fitzgibbons

172 F.R.D. 69 · District Court, S.D. New York · Jul 16, 1996

Neither the New York Court of Appeals nor the Legislature has established such a privilege. … It has been said that the privilege is a qualified one .... the balancing that is required goes to the determination of the harm to the overall public interest.