Case law

Lee v. Coughlin

902 F. Supp. 424 · District Court, S.D. New York · Sep 28, 1995

QUALIFIED IMMUNITY Defendants do assert qualified immunity as an affirmative defense to plaintiffs due process claim and request for damages. … Qualified immunity acts to shield government officials from liability under Section 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Rooney v. Wittich

21 F. Supp. 2d 273 · District Court, S.D. New York · Jul 13, 1998

(i) Qualified Immunity “Qualified immunity protects a governmental official from suit for any actions *280 that did not violate a clearly established constitutional right and those actions as to which the official had an … “The first inquiry to be made concerning qualified immunity is whether the plaintiff has ‘allege[d] the violation of a clearly established constitutional right.’ ” Id. (quoting Siegert v.

Franklin v. County of Dutchess

225 F.R.D. 487 · District Court, S.D. New York · Jan 27, 2005

The Second Circuit has held that the law cannot be “clearly established” for qualified immunity purposes by district court opinions, but only by the decisions of the applicable circuit court or the Supreme Court. … established” for qualified immunity purposes.

Tsesarskaya v. City of New York

843 F. Supp. 2d 446 · District Court, S.D. New York · Feb 14, 2012

Qualified immunity “shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively reasonable official … The qualified immunity question here is a very close one. While the Court recognizes that qualified immunity is “ ‘an immunity from suit rather than a mere defense to liability,’ ” Jenkins v.

Jones v. Westchester County Department of Corrections Medical Department

557 F. Supp. 2d 408 · District Court, S.D. New York · May 6, 2008

Qualified immunity Likewise, Defendants completely misplace their argument for qualified immunity- First, Defendants have violated my individual practices by raising this issue as part of a pre-answer motion to dismiss, and … (“Qualified Immunity: Special Rules”). “Failure to proceed in accordance with these rules constitutes a waiver of the right to move for judgment on the ground of qualified immunity prior to trial.” Id.

Robinson v. Town of Kent

835 F. Supp. 2d 1 · District Court, S.D. New York · Dec 29, 2011

violate clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v. … clearly established at the time it was taken.

Falinski v. Kuntz

38 F. Supp. 2d 250 · District Court, S.D. New York · Jan 29, 1999

Qualified Immunity The Court now turns to Defendants’ contention that the doctrine of qualified immunity requires dismissal of the remaining claims against all of the individual defendants. … The Second Circuit observed, in Danahy , that “qualified immunity protects government officials from liability for civil damages if the challenged action ‘does not violate clearly established statutory or constitutional rights

Thomas v. Calero

824 F. Supp. 2d 488 · District Court, S.D. New York · Apr 20, 2011

The doctrine of qualified immunity serves to protect public officials from liability in section 1983 actions insofar as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A defendant may invoke a qualified-immunity defense if he can demonstrate that his conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known” at the time

Bektic-Marrero v. Goldberg

850 F. Supp. 2d 418 · District Court, S.D. New York · Mar 7, 2012

It is this Court’s practice to decide motions for summary judgment based on qualified immunity only after the plaintiff has been deposed. … If, on the other hand, facts material to the application of the qualified immunity doctrine are in dispute, summary judgment is not appropriate.

Wise v. New York City Police Department

928 F. Supp. 355 · District Court, S.D. New York · Jun 12, 1996

“clearly established” statutory or constitutional rights. … their acts did not violate clearly established rights.

Bloomingburg Jewish Education Center v. Village of Bloomingburg

111 F. Supp. 3d 459 · District Court, S.D. New York · Jun 9, 2015

Herrmann also argues that he is not alleged to have violated a clearly established federal right, and therefore the claims against him should be dismissed under the doctrine of qualified immunity. … Thus, Herrmann is not alleged to have violated a clearly established federal right, and he is therefore entitled to qualified immunity from suit.

Jackson v. Peekskill City School District

106 F. Supp. 3d 420 · District Court, S.D. New York · May 1, 2015

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 law

Dorn v. Maffei

386 F. Supp. 2d 479 · District Court, S.D. New York · Sep 6, 2005

To establish qualified immunity in § 1983 claims, a defendant must show “either ‘(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his … Therefore, Defendant King is entitled to qualified immunity. 2.

Decker v. Campus

981 F. Supp. 851 · District Court, S.D. New York · Nov 7, 1997

The defense of qualified immunity acts to shield government agents from personal liability under section 1983 “insofar as their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable … It is undisputed that freedom from false arrest, false imprisonment and malicious prosecution are clearly established rights. Accord Lowth v. Town of Cheektowaga, 82 F.3d 563, 569 (2d Cir.1996).

Alvarado v. City of New York

482 F. Supp. 2d 332 · District Court, S.D. New York · Mar 26, 2007

Finally, Defendants’ qualified immunity does not protect them from this claim. … Thus, the Court concludes that this claim cannot be dismissed on the grounds of qualified immunity. III.

Whitton v. Williams

90 F. Supp. 2d 420 · District Court, S.D. New York · Mar 31, 2000

of law on qualified immunity grounds. … The Second Circuit has stated that the “doctrine of qualified immunity shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory

Chi Chao Yuan v. Rivera

48 F. Supp. 2d 335 · District Court, S.D. New York · Mar 25, 1999

Qualified Immunity Government employees sued in their individual capacities enjoy qualified immunity when they perform discretionary functions if either (1) their conduct “did not violate clearly established rights of which … qualified immunity).

Zaire v. Dalsheim

698 F. Supp. 57 · District Court, S.D. New York · Oct 25, 1988

under the Eleventh Amendment; the doctrine of qualified immunity; and failure to sufficiently allege causation. … The defense 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

Torres v. Village of Sleepy Hollow

379 F. Supp. 2d 478 · District Court, S.D. New York · Jul 21, 2005

Spanakos, 909 F.Supp. 174, 177-80 (S.D.N.Y.1995) (noting that qualified immunity is available to shield officials from liability for actions that do not violate clearly established federal rights, whereas the separate doctrine … Here, Quinoy’s claim of qualified immunity is trickier to analyze.

Hallett v. New York State Department of Correctional Services

109 F. Supp. 2d 190 · District Court, S.D. New York · Aug 14, 2000

“[A] prison official ... may claim qualified immunity from suit ... for [his] discretionary acts that do ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ … Even where a prisoner’s rights are clearly established, “qualified immunity is still available to an official if it was ‘objectively reasonable for the public official to believe that his acts did not violate those rights