Case law

5 Borough Pawn, LLC v. City of New York

640 F. Supp. 2d 268 · District Court, S.D. New York · Jun 22, 2009

For example, when a court may easily decide that the alleged violation of the constitutional right was not clearly established, there is no need to reach the constitutional question. Id. … Marti alleges that he is entitled to qualified immunity under federal and state law for that arrest. Marti is wrong. Qualified immunity does not cloak him for this arrest.

Lee v. McCue

410 F. Supp. 2d 221 · District Court, S.D. New York · Jan 20, 2006

The Defense of Qualified Immunity: Waiver Defendants argue that the individual officers involved in the arrest are entitled to qualified immunity as to plaintiffs federal claims. … Defendants concede that “freedom from false arrest, false imprisonment, and excessive force are clearly established rights.” Br. at 6.

Thomas v. Culberg

741 F. Supp. 77 · District Court, S.D. New York · Jul 11, 1990

Nonetheless, the complaint against Thomas must be dismissed because Culbert is entitled to qualified immunity. … ” lacking, the officer will be shielded by qualified immunity from civil liability.

Peterson v. Tomaselli

469 F. Supp. 2d 146 · District Court, S.D. New York · Jan 16, 2007

The doctrine of qualified immunity shields state officials from personal liability if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … If either the right was not clearly established, or it was objectively reasonable for the defendant to believe the acts did not violate plaintiffs rights, the defendant is entitled to qualified immunity.

Bradley v. Village of Greenwood Lake

376 F. Supp. 2d 528 · District Court, S.D. New York · Jul 13, 2005

Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct does not violate a clearly established statutory or constitutional right. … Whether an official is entitled to qualified immunity requires a two-part analysis.

In re Facebook, Inc., IPO Securities & Derivative Litigation

42 F. Supp. 3d 556 · District Court, S.D. New York · Aug 26, 2014

immunity, not a discussion of an appealed denial of qualified immunity. … The cases cited do not establish that exception to the general rule that immunity means immunity. 3 *560 2.

Adkins v. City of New York

143 F. Supp. 3d 134 · District Court, S.D. New York · Nov 15, 2015

An official is entitled to immunity if “his action was ‘objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.’ ” Taravella v. … The defense of qualified immunity extends to supervisory liability claims. See Poe v.

Qasem v. Toro

737 F. Supp. 2d 147 · District Court, S.D. New York · Aug 10, 2010

Qualified Immunity Third, Thornton and Rogers claim that qualified immunity requires dismissal of this litigation as to them. … “A right is clearly established if (1) the law is defined with Supreme Court or the Second Circuit has recognized the right, and (3) ‘a reasonable defendant [would] have understood from the existing law that [his] conduct

Zamakshari v. Dvoskin

899 F. Supp. 1097 · District Court, S.D. New York · Sep 8, 1995

Under the doctrine of qualified immunity, government officials are shielded from civil damages liability provided that their actions are discretionary in nature and do not violate a clearly established statutory or constitutional … All defendants are entitled to qualified immunity from this § 1983 suit since Zamakshari cannot show that a “clearly established” law was violated and that any of defendant’s actions were unreasonable. See Anderson v.

Estate of Jaquez v. City of New York

104 F. Supp. 3d 414 · District Court, S.D. New York · May 8, 2015

QUALIFIED IMMUNITY A. … “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

Aikman v. County of Westchester

491 F. Supp. 2d 374 · District Court, S.D. New York · Jun 3, 2007

Qualified Immunity This Court now considers Police Defendants’ claims of qualified immunity. … This is purely a legal question as it turns upon whether established law put the officer on notice that his conduct was clearly unlawful. Id.; Stephenson v.

Dawkins v. Gonyea

646 F. Supp. 2d 594 · District Court, S.D. New York · Aug 18, 2009

Qualified Immunity Government officials performing discretionary functions generally enjoy qualified immunity from civil damages “in *613 sofar as their conduct does not violate clearly established statutory or constitutional … Qualified immunity is available “when the undisputed facts establish that it was objectively reasonable for the defendants to believe that their actions did not violate clearly established rights.” Defore v.

Estate of Young v. State of New York Office of Mental Retardation & Developmental Disabilities

649 F. Supp. 2d 282 · District Court, S.D. New York · Aug 27, 2009

are alleged to have violated.’ ” 58 A defendant is entitled to qualified immunity if either (1) the defendant’s actions did not violate clearly established law or (2) it was objectively reasonable for the defendant to believe … clearly established at the time the violation occurred.

Cruz v. City of New York

232 F. Supp. 3d 438 · District Court, S.D. New York · Feb 8, 2017

Qualified immunity. … “Qualified immunity is unavailable where, as here, the action violates an accused’s clearly established constitutional rights, and no reasonably competent police officer could believe otherwise.”

Rodriguez v. Pataki

280 F. Supp. 2d 89 · District Court, S.D. New York · Jul 28, 2003

Scott-Harris, 523 U.S. 44, 46 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998)(“It is well established that federal, state, and regional legislators are entitled to absolute immunity from civil liability for their legislative activities … In the absence of any case law establishing that their interpretation of the statute is incorrect, I decline, at least at this juncture, to find that they have waived their qualified privilege in its entirety. 4.

Dejesus v. Village of Pelham Manor

282 F. Supp. 2d 162 · District Court, S.D. New York · Sep 17, 2003

“Clearly established for purposes of qualified immunity means that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Wilson v. … established federal law to rebut the defense of qualified immunity.

Kregler v. City of New York

987 F. Supp. 2d 357 · District Court, S.D. New York · Dec 9, 2013

to qualified immunity from suit. … A government official is entitled to qualified immunity when “(1) Plaintiff fails to allege a violation of a federal right; (2) the right alleged was not clearly established at the time of the alleged violation; or (3) the

McGee v. Dunn

940 F. Supp. 2d 93 · District Court, S.D. New York · Apr 16, 2013

As explained by this Court in its original opinion: Qualified immunity will shield an officer from civil liability under § 1983 if either: (1) his conduct did not violate clearly established rights of which a reasonable person … Town of Wolcott, 599 F.3d 129, 134 (2d Cir.2010) (“Even where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official

Ridgeview Partners, LLC v. Entwistle

354 F. Supp. 2d 395 · District Court, S.D. New York · Jan 27, 2005

Sussman argues for qualified immunity protection. … When a public official violates no clearly established constitutional right and acts in all times in good faith and conformance with clearly established law, that official is entitled to qualified immunity. Anderson v.

Rhodes v. Guarricino

54 F. Supp. 2d 186 · District Court, S.D. New York · May 10, 1999

Qualified Immunity None of the parties disputes that Guarricino, as a state actor, possesses qualified immunity. … entitled to qualified immunity.