Case law

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

Richardson v. Pratcher

48 F. Supp. 3d 651 · District Court, S.D. New York · Sep 27, 2014

The Sixth Circuit Court of Appeals affirmed the district court’s dismissal of the claims on the basis of qualified immunity, holding that the plaintiff failed to identify a clearly established First Amendment right. … There is disagreement in this Circuit on "whether the qualified immunity standard [contains] two or three parts, and whether the 'reasonable officer’ inquiry is part of step two — the 'clearly established' prong — or whether

" BD" v. DeBuono

130 F. Supp. 2d 401 · District Court, S.D. New York · Jan 15, 2000

Whether a defendant can enjoy qualified immunity “turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time [the action] *436 was undertaken … For a constitutional right to be “clearly established” for purposes of determining whether an officer is entitled to qualified immunity: [T]he contours of the right must be sufficiently clear that a reasonable official would

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.

Baron v. Port Authority of New York and New Jersey

977 F. Supp. 646 · District Court, S.D. New York · Sep 4, 1997

The Supreme Court has established a balance between these conflicting objectives by generally providing government officials “performing discretionary functions with a qualified immunity, shielding them from civil damages … Via, 821 F.2d 913, 921 (2d Cir.1987) (“even when plaintiffs federal rights are clearly defined, qualified immunity may still be available if it was ‘objectively reasonable’ for [public official] to believe that his acts did

Benedict v. Town of Newburgh

125 F. Supp. 2d 675 · District Court, S.D. New York · Dec 29, 2000

Qualified Immunity The doctrine of qualified immunity protects government officials from lawsuits for money damages in cases where “their conduct does not violate clearly established statutory or constitutional rights of … Defendants are entitled to qualified immunity if either (1) their actions did not violate clearly established law, or (2) it was objectively reasonable for them to believe that their actions did not violate such law.

Garcia v. Bloomberg

865 F. Supp. 2d 478 · District Court, S.D. New York · Jun 7, 2012

“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 … First, they invoke state law qualified immunity as a defense.

Arce v. Banks

913 F. Supp. 307 · District Court, S.D. New York · Feb 6, 1996

Gilley, 500 U.S. 226, 232 , 111 S.Ct. 1789, 1793 , 114 L.Ed.2d 277 (1991) (threshold inquiry of qualified immunity is whether plaintiff asserted violation of constitutional right at all), qualified immunity protects Banks … Public officials are entitled to immunity from damage actions insofar as a reasonable person in defendant’s position would believe that his “conduct [did] not violate clearly established ... constitutional rights.”

Show v. Patterson

955 F. Supp. 182 · District Court, S.D. New York · Jan 7, 1997

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Coughlin, 929 F.Supp. at 150 , defendants here are “clearly entitled to qualified immunity for acts taken prior to the effective date of the statute, November 16, 1993.”

Tardif v. City of New York

302 F.R.D. 31 · District Court, S.D. New York · Jul 2, 2014

Thirteenth Affirmative Defense: Qualified Immunity Defendants’ thirteenth affirmative defense states, in full, that, “[t]he individually named defendants have not violated any clearly established constitutional or statutory … qualified immunity.”

Doe v. Lima

270 F. Supp. 3d 684 · District Court, S.D. New York · Aug 31, 2017

Qualified immunity . protects federal and state officials from money damages unless the facts show “(1) that the official violated a statutory or .constitutional right,, and (2) that- the right was ‘clearly established’ at … “Even if the right at issue was clearly established in certain respects, however, an officer is still entitled to qualified immunity if ‘officers of reasonable competence .could disagree’ bn the legality of the action at

Forras v. Andros

470 F. Supp. 2d 283 · District Court, S.D. New York · Sep 29, 2005

Qualified Immunity Defendants argue that the doctrine of qualified immunity precludes discovery. This Court disagrees. … Under the doctrine of qualified immunity, government officials are shielded from liability flowing from their performance of discretionary functions as long as “their conduct does not violate clearly established statutory

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

Lavin v. Thornton

959 F. Supp. 181 · District Court, S.D. New York · Mar 24, 1997

at 1939 ; and that conduct, the Court concluded, was covered only by a qualified immunity. … Accordingly, Agent Thornton’s conduct did not violate any clearly established constitutional rights and she is shielded from any liability for civil damages by qualified immunity.

Degrafinreid v. Ricks

417 F. Supp. 2d 403 · District Court, S.D. New York · Feb 23, 2006

Defendants argue that Barr and Beebee are entitled to qualified immunity. … Public officials are “immune from liability for money damages in suits brought against them in their individual capacities if ‘their conduct does not violate clearly established statutory or constitutional rights of which

Anemone v. Metropolitan Transportation Authority

410 F. Supp. 2d 255 · District Court, S.D. New York · Jan 24, 2006

Qualified Immunity Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability if “their conduct does not violate clearly established statutory or constitutional … to such conduct was not “clearly established” at the time of the conduct or (2) the defendant’s challenged action was objectively reasonable in light of the legal rules that were clearly established at the time it was taken

Vega v. State University of New York Board of Trustees

67 F. Supp. 2d 324 · District Court, S.D. New York · Sep 28, 1999

Accordingly, the First Amendment right to academic freedom was clearly established in the summer of 1994 and this argument by the SUNY Defendants in support of their claim of qualified immunity is rejected. b. … The attempt to invoke the defense of qualified immunity on the ground that the right to a predeprivation hearing was not clearly established in the summer of 1994, therefore, fails.

Rodriguez v. McClenning

399 F. Supp. 2d 228 · District Court, S.D. New York · Apr 22, 2005

Qualified Immunity Qualified immunity protects state officials from civil liability for “actions performed in the course of their duties if ‘their conduct does not violate clearly established statutory or constitutional rights … In his motion for summary judgment, McClenning argued that he is entitled to summary judgment on the basis of qualified immunity because sexual assault is not a clearly established Eighth Amendment violation.

Cahill v. O'DONNELL

75 F. Supp. 2d 264 · District Court, S.D. New York · Dec 7, 1999

Qualified immunity entitles public officers to be shielded from liability unless their conduct violates clearly established constitutional rights of which a reasonable person would have known, or unless it was objectively … “Where there is a total absence of retaliation, there is no basis on which to conclude that the defendant seeking qualified immunity violated clearly established law.” McCullough v.

Jean-Laurent v. Wilkinson

540 F. Supp. 2d 501 · District Court, S.D. New York · Mar 24, 2008

immunity. … QUALIFIED IMMUNITY The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory