Case law

Meekins v. CITY OF NEW YORK, NY

524 F. Supp. 2d 402 · District Court, S.D. New York · Nov 6, 2007

It asserts that he is a qualified individual within the meaning of title II of the ADA. 60 The City, along with the Commissioner of the Department of Transportation, is clearly a “public entity” within the meaning of title … The Second Circuit, evaluating the Special Vehicle Permit program in the context of a Privileges and Immunities Clause claim, explained: The limited number of on-street parking spaces justifies the regulatory scheme established

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.

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.

L.B. v. Town of Chester

232 F. Supp. 2d 227 · District Court, S.D. New York · Nov 19, 2002

Brock, Conde and Medican Are Not Entitled to Qualified Immunity. … If so, it must be determined whether that right was clearly established. Id. at 202, 121 S.Ct. 2151 .

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.”

Chamberlain v. City of White Plains

986 F. Supp. 2d 363 · District Court, S.D. New York · Dec 10, 2013

Qualifíed Immunity Qualified immunity shields a government official from liability for civil damages unless “(1) [ ] the official violated a statutory or constitutional right, and (2)[] the right was clearly established at … “Even where the plaintiff’s federal rights ... are clearly established, the qualified immunity defense protects a government actor if it was objectively reasonable for him to believe that his actions were lawful at the time

Haussman v. Fergus

894 F. Supp. 142 · District Court, S.D. New York · Jul 27, 1995

Qualified Immunity This Court, having concluded that probable cause existed for plaintiffs arrest, need not reach the issue of qualified immunity. … federal right. 23 Consequently, they are immune from liability under § 1983 on grounds of qualified immunity.

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

Moore v. Trippe

743 F. Supp. 201 · District Court, S.D. New York · Jul 17, 1990

Questions of qualified immunity are inherently fact specific, see Langley v. … If there is no absolute prosecutorial immunity available, the Town Attorney and Town Board members may be entitled to qualified immunity.

Johnson v. Goord

487 F. Supp. 2d 377 · District Court, S.D. New York · Mar 28, 2007

The doctrine of qualified immunity precludes civil liability where either prison officials performing discretionary functions “did not violate clearly established law,” or “it was objectively reasonable for the defendants … Creighton, 483 U.S. at 640 , 107 S.Ct. 3034 , the Supreme Court has made clear that where the results of the qualified immunity inquiry depend “very much on the facts of [the] ease,” the “clearly established” test is not

Bernstein v. New York

591 F. Supp. 2d 448 · District Court, S.D. New York · Aug 8, 2008

Qualified Immunity The doctrine of qualified immunity protects government officials from civil liability if the officials’ conduct “ ‘does not violate clearly established statutory or constitutional rights of which a reasonable … . 135 If the violated right was not clearly established, the officer is immunized from liability.

Heisler v. Kralik

981 F. Supp. 830 · District Court, S.D. New York · Oct 29, 1997

The Report recommended denial of the claim of qualified immunity since it had been clearly established prior to May 1993 that prison officials violate a pretrial detainee’s due process right to be free from punishment when … Finally, defendant Kardian contends that he is entitled to qualified immunity because the rights which the plaintiff alleges he violated were not clearly established in May 1993.

Weaver ex rel. Weaver v. New York City Employees' Retirement System

717 F. Supp. 1039 · District Court, S.D. New York · Jul 21, 1989

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). .Qualified immunity shields officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional … Certainly, defendants’ actions were not so arbitrary as to violate any clearly established constitutional right of which a reasonable person would have known.

Boylan v. Arruda

42 F. Supp. 2d 352 · District Court, S.D. New York · Apr 13, 1999

entitled to qualified immunity. … Qualified immunity shields government employees sued in their personal capacity from suits for damages under § 1983 unless their conduct violated clearly established rights of which an objectively reasonable official would

Dineen Ex Rel. Dineen v. Stramka

228 F. Supp. 2d 447 · District Court, S.D. New York · Oct 30, 2002

Qualified Immunity As a general rule, law enforcement officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them … There can be no dispute that freedom from the use of excessive force is a clearly established constitutional right.

5 BOROUGH PAWN, LLC. v. Marti

753 F. Supp. 2d 186 · District Court, S.D. New York · Oct 22, 2010

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. … Because of an absence of proof, Marti has not established that he is entitled to qualified immunity to shield him from liability for the Second Arrest.

Nichols v. Village of Pelham Manor

974 F. Supp. 243 · District Court, S.D. New York · Jul 31, 1997

The Court concludes, therefore, that the rights violated here were clearly established for qualified immunity purposes. Jermosen, 945 F.2d at 550 . … The fact that defendants violated well-established rights does not end the qualified immunity inquiry, however.

Denton v. McKee

332 F. Supp. 2d 659 · District Court, S.D. New York · Aug 24, 2004

Qualified Immunity: The Individual Defendants also claim qualified immunity from the Plaintiffs’ action. … “Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Schoolcraft v. City of New York

133 F. Supp. 3d 563 · District Court, S.D. New York · Sep 18, 2015

However, City Defendants have not established that Dr. Lamstein’s knowledge alone is enough for qualified immunity because “she is indisputably part of the investigation and was in ‘some communication.’ ” City Defs.’ … Plaintiff next seeks reconsideration of the Court’s holding with respect to qualified immunity. See generally PL’s Mem. in Supp’t 3.

Langton v. Town of Chester

168 F. Supp. 3d 597 · District Court, S.D. New York · Mar 2, 2016

Qualified Immunity The Library Defendants assert that Mallon is entitled to qualified immunity on Plaintiffs procedural due process claim. (Library Reply at 9-10.) … “It is well-established that defendants are shielded by qualified immunity as long as their conduct ’does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’