Case law

Starker v. Adamovych

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

, thus entitling Detective Lodato to qualified immunity. … No. 123 at 21, mischaracterizes Garcia’s holding; Garcia states that the affirmative defense of qualified immunity can be established by facts alleged in the complaint and should be resolved, if possible, at the motion

Pohlot v. Pohlot

664 F. Supp. 112 · District Court, S.D. New York · Jul 6, 1987

Under § 1961(1)(A), violations of certain specified federal criminal statutes *117 qualify as predicate acts. … As a simple recital of the RICO statute makes obvious, the crimes of which Stephen Pohlot was convicted clearly qualify as predicate acts of racketeering activity.

Sharon v. Time, Inc.

599 F. Supp. 538 · District Court, S.D. New York · Nov 12, 1984

Time’s Claim of Absolute Immunity Time argues that the press should enjoy absolute immunity from suit for statements about the official conduct of high government officers; and it claims that this blanket immunity applies … Although the shield law is broad, however, it does not establish an “absolute right” or grant journalists “complete immunity from all legal consequences.” Id. at 165, 464 N.E.2d at 272 , 476 N.Y.S.2d at 970.

Lanier v. I.B.M. Corp.

319 F. Supp. 2d 374 · District Court, S.D. New York · Mar 8, 2004

The second element that must be established is that the Plaintiff was qualified for the position for which she was not hired. … qualified, Ms.

Perez v. Hoblock

248 F. Supp. 2d 189 · District Court, S.D. New York · Feb 28, 2002

Defendants also argue that Plaintiff's claim for monetary damages must fail because they are protected by qualified immunity. Def. Mem. at 7-8. Plaintiff does not, however, appear to seek monetary damages. … ("Here, the plaintiff is not seeking monetary damages and therefore the defense of qualified immunity is not available to the defendant."), rev’d on other grounds, 27 F.3d 834 (1994). 8 .

Gomez v. Coughlin

685 F. Supp. 1291 · District Court, S.D. New York · Apr 20, 1988

immunity. … The Court noted that, until the date of the decision, no court had previously interpreted the regulations pertaining to IPC and, thus, the conduct of the officials did not violate clearly established law. Id.

Williams v. United States

42 F.R.D. 609 · District Court, S.D. New York · Jul 20, 1967

Later, in concluding that the immunity extends to suits in admiralty, the Supreme Court observed: “As to what is to be deemed a suit against a State * * * it is now established that the question is to be determined not by … In circumstances involving another kind of immunity between plaintiff and third-party defendant, the Supreme Court has held that impleader does not violate the immunity.

Martinez v. D'Agata et, al

District Court, S.D. New York · Dec 18, 2019

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “A qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

United States v. Rollack

64 F. Supp. 2d 255 · District Court, S.D. New York · Aug 12, 1999

In this case, the offenses that Rollaek seeks to sever are not clearly distinct in evidence. … Given the state of the evidence as represented by Rollack, the Government will need to rely on witnesses to establish both the meaning of the letters Rollack sent from prison and Rollack’s knowledge that David Mullins was

Sonds v. St. Barnabas Hospital Correctional Health Services

151 F. Supp. 2d 303 · District Court, S.D. New York · May 21, 2001

. § 1983 , because Plaintiffs injury does not qualify as “serious” under the objective prong of the “deliberate indifference” test. Furthermore, as to defendant St. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Cerbone v. County of Westchester

508 F. Supp. 780 · District Court, S.D. New York · Feb 18, 1981

extends to a prosecutor falsifying evidence, suborning perjury, [8] and withholding evidence. [9] Similarly, a prosecutor's actions before a grand jury are clearly "intimately associated with the judicial phase" of the criminal … proceeding and with "the course of a prosecution" and thus are immune from § 1983 liability. [10] Accordingly, the claims against Vergari are dismissed.

Wheeler v. Doe

District Court, S.D. New York · Nov 16, 2020

In the absence of probable cause, an arresting officer is still entitled to qualified immunity if he can establish that there was “arguable probable cause” to arrest. Escalera v. … As to Defendant’s qualified immunity defense, the Court will not revise the summary judgment rules to test such a defense when faced with clearly disputed material facts regarding whether such a search in fact occurred.

People United for Children, Inc. v. City of New York

108 F. Supp. 2d 275 · District Court, S.D. New York · Jul 18, 2000

Small asked to see records concerning her son’s immunization. In response, Mrs. … The first element of the Younger analysis is clearly satisfied in this ease.

Airday v. The City Of New York

District Court, S.D. New York · Apr 28, 2022

A defendant is shielded by qualified immunity either when his conduct did not violate clearly established rights of which a reasonable person would have known, or when it was objectively reasonable to believe that his conduct … did not violate clearly established rights.

United States v. Bin Laden

109 F. Supp. 2d 211 · District Court, S.D. New York · Aug 17, 2000

To argue, as the Badalamenti group does, that they have a right not to be subject to a long, complicated trial argues, in effect, that the highest levels of crime have the right to be immune from prosecution if they conduct … See Cardascia, 951 F.2d at 484-85 (“[A]n adversarial stance by a codefendant clearly does not, alone, require trials to be severed.

Mendes v. Brotherhood of Railway & Steamship Clerks

353 F. Supp. 137 · District Court, S.D. New York · Jun 26, 1972

On each occasion when he applied for a computer operator position (before it was abolished) he failed the qualifying examination. … The word “sufficient” is intended to more clearly establish the right of the senior employee to bid in a new position or vacancy or displace a junior employee where two or more employees have adequate fitness and ability.

Stein v. Town Of Greenburgh

District Court, S.D. New York · Mar 25, 2025

qualified immunity applies. … If an official’s belief that his 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.

In Re Terrorist Attacks on September 11, 2001

392 F. Supp. 2d 539 · District Court, S.D. New York · Sep 21, 2005

Allegations Against Defendants Asserting Foreign Sovereign Immunity 1. … Therefore, Prince Naifs administration of his responsibilities was “clearly grounded in social, economic, and political policy.”

Avigliano v. Sumitomo Shoji America, Inc.

473 F. Supp. 506 · District Court, S.D. New York · Jun 5, 1979

The Court concludes that the cases cited above are dispositive of plaintiffs’ contentions of immunity. … , with no greater rights, privileges or immunities than any other corporation of that jurisdiction. 8 .

Zients v. LaMorte

319 F. Supp. 956 · District Court, S.D. New York · Oct 6, 1970

. * * * ” The basic guidelines are established by the following provisions of the Code of Federal Regulations: 17 C.F.R. § 203.2 , which provides: “Information or documents obtained by the Commission in the course of any … Though the statute clearly stated that this information should not be used while in .the hands of the government officials, there was no immunity from legal process of the copies of the report not in the hands of the Census