Case law

Correa v. Ginty

District Court, S.D. New York · May 20, 2021

clearly established at the time of the challenged conduct.” … As “qualified immunity is not only a defense to liability, but also provides immunity from suit . . . the defendant’s entitlement to qualified immunity should be resolved at the earliest possible stage in litigation.”

Allah v. Yildiz

District Court, S.D. New York · Jun 25, 2024

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 … “And, ‘for a right to be clearly established for purposes of a qualified immunity defense, the precise conduct at issue need not previously have been ruled unlawful.’” Id. (quoting Zahrey v.

Hansen v. Dean Witter Reynolds Inc.

887 F. Supp. 669 · District Court, S.D. New York · Jun 5, 1995

Returning to Relova, plaintiff pointed to several facts that she believed indicated he was less qualified than she was. … Bernstein testified that Relova was the best qualified to staff the TFU desk. Trial Tr. 700 (Bernstein).

Lisa Bobbit v. Correctional Sergeant Dean Rebideau

District Court, S.D. New York · Sep 21, 2020

Moreover, to overcome qualified immunity, a plaintiff must show that the arresting officer lacked even “arguable probable cause to arrest,” meaning that under clearly established law, “either (a) it was objectively reasonable … is true, his conduct violated clearly established law.

Republic Productions, Inc. v. American Federation of Musicians

245 F. Supp. 475 · District Court, S.D. New York · Jul 15, 1965

In 1951 plaintiff entered into a labor agreement with the union and a trust agreement with Rosenbaum as trustee which followed the pattern previously established with respect to the phonograph record manufacturers and the … Judged by such a standard, the activities of the union here were clearly immune from a charge of violation of the Sherman Act.

United States v. Cohen

358 F. Supp. 112 · District Court, S.D. New York · Apr 25, 1973

The government further announced its intention of calling Seigel as a witness, under a grant of immunity, at the trial. … Seigel was clearly aware that he was being followed from the outset and, in fact, took photographs of the policemen while he was at the-J.

In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

364 F. Supp. 2d 329 · District Court, S.D. New York · Nov 3, 2004

When a party challenges the removal of the action from state *332 court, the burden falls on the removing party “to establish its right to a federal forum by ‘competent proof.’ ” 5 “Out of respect for the independence of … agency; (2) it has a colorable federal defense; and (3) there is a causal nexus between the federal direction and the conduct at issue. 19 The second requirement is broadly construed; a defense need only be colorable, not clearly

In re VOYAGER DIGITAL HOLDINGS, INC., et al.; UNITED STATES OF AMERICA, et al. v. VOYAGER DIGITAL HOLDINGS, INC., et al.; OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF VOYAGER DIGITAL HOLDINGS, INC. and PLAN ADMINISTRATOR MICHAEL WYSE

District Court, S.D. New York · Aug 6, 2026

Amalgamated Bank, 566 U.S. 639, 649 (2012) (“The Bankruptcy Code standardizes an expansive (and sometimes unruly) area of law, and it is our obligation to interpret the Code clearly and predictably using well established … Summerlin, 494 F.3d 344, 368 (2d Cir. 2007) (“[B]ecause qualified immunity is an affirmative defense, it is incumbent upon the defendant to plead, and adequately develop, a qualified immunity defense during pretrial proceedings

Rattray v. Cadavid

District Court, S.D. New York · Mar 30, 2023

[T]he law is “clearly established” . . . … immunity for the same reasons that Officer Cadavid is not entitled to qualified immunity – i.e., the law on exigent circumstances was clearly established at the time, and there are disputed issues of material fact as to

Parham v. Suppa

844 F. Supp. 148 · District Court, S.D. New York · Feb 8, 1994

The information presented by the authorities establishes probable cause for the arrest. … The “qualified immunity defense ... provides ample protection to all but the plainly incompetent or those who knowingly violate the law.” Id. at 341, 106 S.Ct. at 1096.

Bernard

District Court, S.D. New York · Mar 30, 2026

When confronted with the qualified immunity defense, the Court must determine the scope of the right that the plaintiff asserts was clearly established and that the official violated. … On the other hand, “the clearly established right must be defined with specificity,” and the “dispositive question is whether the violative nature of particular conduct is clearly established

York River House v. Pakistan Mission to the United Nations

820 F. Supp. 760 · District Court, S.D. New York · Apr 22, 1993

However, “[t]he identity of the intended beneficiaries of a corporate tenancy must be established by reference to the lease; it is contractually determined.” Schwartz Landes, 502 N.Y.S.2d at 153 . … Such a procedure is clearly prohibited by Article 30, section (1).

Go v. Rockefeller University

280 F.R.D. 165 · District Court, S.D. New York · Mar 9, 2012

(ii) he was otherwise qualified for the position ... … However, Rockefeller University acts through its employees and agents as well as its Officers, qualifying response is inappropriate.

Marquez v. Annucci

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

“If the right at issue was not clearly established by then existing precedent, then qualified immunity shields the defendant. … Defendants argue that they are entitled to qualified immunity because they did not violate any clearly established constitutional right.

Women's Committee for Equal Employment Opportunity v. National Broadcasting Co.

71 F.R.D. 666 · District Court, S.D. New York · Jul 30, 1976

Although the class may change from time to time, the size of the class clearly precludes joinder of all members. … This *671 case is clearly of the type intended to fall within the ambit of Rule 23(b)(2). 5 The fact that money damages are sought, in addition to equitable relief, does not prevent an action from qualifying as a class action

Collado v. The City of New York

District Court, S.D. New York · Aug 23, 2019

Applicable Law "As a general matter, police officers who violate a plaintiff's constitutional rights are nevertheless entitled to qualified immunity if their conduct does not violate clearly established statutory … violate a clearly established right, is a mixed question of law and fact.

Daventree Ltd. v. Republic of Azerbaijan

349 F. Supp. 2d 736 · District Court, S.D. New York · Dec 28, 2004

Under the FSIA, “a foreign state is presumptively immune from the jurisdiction of United States courts” unless that immunity is specifically excepted elsewhere in the Act. See id.; 28 U.S.C. § 1605 . … Once it is established that the conduct at issue is a “commercial activity” under the FSIA, the first prong of the commercial activity exception strips a sovereign of its immunity if “the action is based upon commercial activity

National Union Fire Insurance Co. of Pittsburgh, PA v. BP Amoco P.L.C.

319 F. Supp. 2d 352 · District Court, S.D. New York · Jan 30, 2004

That purpose is clearly met here. … Petrovietnam qualifies as a foreign state under this definition, as plaintiffs concede (P. Supp. Br. in Opp. to Petrovietnam Mot. 4), and it therefore enjoys immunity from suit unless one of the Act’s exceptions apply.

Rodriguez v. DeBuono

44 F. Supp. 2d 601 · District Court, S.D. New York · Apr 19, 1999

The Second Circuit affirmed the dismissal of plaintiffs § 504 and ADA claims, stating that the Rehabilitation Act does not clearly establish an obligation to meet [a disabled person’s] particular needs vis-a-vis the needs … Defendants bear the burden of persuasion in showing that the financial burden is “clearly disproportionate” to the benefits it will produce. See Borkowski v.

United States v. Krasnoff

480 F. Supp. 723 · District Court, S.D. New York · Nov 16, 1979

Krasnoff concludes that since there is no indication that DEA Agent Franciosa was qualified to make that medical judgment, his affidavit is incapable of establishing probable cause (.for the issuance of a search warrant. … Thus, no special medical judgment was necessary to establish probable cause in the instant case.