Case law

Velez v. City of New York

District Court, S.D. New York · Aug 1, 2019

clearly established statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity “may also be available when, even though plaintiff’s federal rights and the official’s permissible actions were clearly delineated at the time of the action complained of, it was nonetheless ‘objectively

Srubar v. Rudd, Rosenberg, Mitofsky & Hollender

875 F. Supp. 155 · District Court, S.D. New York · Dec 9, 1994

She argues that her economic status — evinced by her pro se appearance — qualifies her as a member of a protected group. Pl.Obj. at 4. This objection must be rejected for two reasons. … Law firms and lawyers “are clearly not state entities” for the purposes of a Section 1983 claim. Peavey, 775 F.Supp. at 77 (citing Polk County v.

United States Steel Corp. v. United States

305 F. Supp. 497 · District Court, S.D. New York · Jul 1, 1969

Establishment of a specific external qualifying factor is a prerequisite to relief. III. … statement appended thereto were “clearly sufficient to bring v. within [the statute].”

Boe v. Colello

447 F. Supp. 607 · District Court, S.D. New York · Feb 3, 1978

of abstention and comity presented more complex issues, the Court’s own research was what permitted it to even reach the merits. 16 This Court’s experience, both at the bench and bar over extended years, qualifies it to … The town was immune from suit. City of Kenosha v. Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973); Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961). 3 . Pub.L.

Brathwaite v. City of New York

District Court, S.D. New York · Sep 5, 2023

“In general, public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not … “The availability of the defense depends on whether a reasonable officer could have believed his action to be lawful, in light of clearly established law and the information [he or she] possessed.” Id.

Booker v. Griffin

District Court, S.D. New York · Feb 23, 2024

The Court can afford a defendant summary judgment as to qualified immunity if the Court finds: “[1] the asserted rights were not clearly established, or [2] if the evidence is such that, even when it is viewed in the light … Because the relevant law was clearly established, Defendants are not entitled to a qualified immunity defense. See Harlow, 457 U.S. at 818–19.

Giles v. Rhodes

171 F. Supp. 2d 220 · District Court, S.D. New York · Apr 26, 2001

In the case at bar, on the basis of his impressive professional qualifications I qualified Dr. … It is perfectly possible to imagine a case where independent and unrebutted medical evidence clearly establishes which of two conflicting factual accounts is true and which is false, so that a jury verdict inconsistent with

Floyd v. City of New York

283 F.R.D. 153 · District Court, S.D. New York · May 16, 2012

The Galvan Doctrine Under the doctrine established by the Second Circuit’s decision in Galvan v. … immunity is similarly unavailing: *177 the NYPD routinely argues that its officers are protected by qualified immunity.

Williams v. Hernandez

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

On this basis alone, Ottaviano may not be entitled to qualified immunity. See Blissett v. … “Even where actual probable cause does not exist, police officers may be entitled to qualified immunity from a § 1983 false arrest claim if their actions did not violate clearly established rights or if arguable probable

In Re Joint Eastern & Southern District Asbestos Litigation

774 F. Supp. 116 · District Court, S.D. New York · Sep 16, 1991

to asbestos in a degree which might qualify him as a member of any exposed cohort for any epidemiological study. … OCF argues that there is no evidence to indicate that Markowitz is qualified to diagnose asbestosis from chest x-rays.

Bergman v. Stein

404 F. Supp. 287 · District Court, S.D. New York · Nov 19, 1975

Texas, 381 U.S. 532 , 85 S.Ct. 1628 , 14 L.Ed.2d 543 (1965). 5 It is well established that the responsibility for the conduct of a trial lies with the trial judge. … immunity attaches.

Tachiona v. Mugabe

234 F. Supp. 2d 401 · District Court, S.D. New York · Dec 11, 2002

Doctrines such as absolute or qualified immunity for the state and government personnel, statutes of limitations, and definitions of state action and other exemptions, may be easily perverted by self-serving enactments specifically … Mugabe was impermissible under federal law and international principles governing sovereign and diplomatic immunity that the Government suggested applied to Mugabe.

Marinis v. Village of Irvington

212 F. Supp. 2d 220 · District Court, S.D. New York · Mar 22, 2002

denied the motion as to defendant police officers Andrew Bes-singer, John Fox, and Stephen Tilley, finding disputed issues of fact material to the excessive force claim, and holding that the officers were not entitled to qualified … immunity on the unlawful arrest claim, because they acted in violation of clearly-established constitutional law by arresting Marinis on the basis of an anonymous tip.

Gilchrist v. Califano

473 F. Supp. 1102 · District Court, S.D. New York · Jul 3, 1979

Califano, 464 F.Supp. 797 (W.D.N.Y.1979), establishes that the Secretary would, in any event, have ruled against the Smiths had they made a further appeal. … Even if there were no alternate forum, however, we fail to find in the SSI scheme a waiver of New York’s Eleventh Amendment immunity.

Gil

District Court, S.D. New York · Feb 3, 2026

The Appellate Divisions establish grievance committees to handle attorney discipline and appoint chief attorneys and other staff to the grievance committees as needed. 2 2 N.Y.C.R.R. §§ 1240.4, 1240.50. … In receiving the complaints about [an attorney], investigating them, and making recommendations to the Appellate Division, Saltzman was clearly acting within the scope of his jurisdiction.

Elias v. Village of Spring Valley

81 F. Supp. 3d 312 · District Court, S.D. New York · Jan 26, 2015

In addition, because I conclude that there is no evidence that Gilles’s Fourth Amendment rights were violated, I need not address qualified immunity. 77 B. … In any event, a qualified immunity analysis would likely favor Officer Roper because, at minimum, reasonable officers could disagree over whether the use of deadly force here was permissible. See Brosseau v.

Clapp v. LeBoeuf, Lamb, Leiby & MacRae

862 F. Supp. 1050 · District Court, S.D. New York · Aug 22, 1994

Judicial Immunity The State defendants invoke the protection afforded to them under the doctrine of judicial immunity against Clapp’s claims that they violated her constitutional rights. … The Supreme Court has identified only two exceptions to the rule of absolute judicial immunity.

Doe v. City of New York

583 F. Supp. 2d 444 · District Court, S.D. New York · Feb 6, 2008

Tefft’s argument also fails because the statute is clearly not meant to immunize his conduct from liability. … Plaintiff has clearly alleged enough to state a claim of individual liability against Tefft under Section 1981.

Balchan v. City School District of New Rochelle

District Court, S.D. New York · Jul 21, 2023

If an official’s belief that his or her action does not violate clearly established law is “objectively reasonable,” he or she is shielded from liability by qualified immunity. Cooper v. City of New Rochelle, 925 F. … Mar. 31, 2021) (denying motion to dismiss on the basis of qualified immunity where “Plaintiff had the clearly established constitutional right to be free from . . . sex discrimination, by a state actor, and that no

Driscoll v. City of New York

650 F. Supp. 1522 · District Court, S.D. New York · Jan 12, 1987

A municipality will be immune from antitrust liability only if it acts as an instrumentality of the state, through which the state has clearly and affirmatively chosen to implement its policies. … In the case at bar, both Municipal Defendants will be immune only if acting “as an instrumentality of the state, through which the state has clearly and affirmatively chosen to implement its policies.”