Case law

Arroyo Lopez v. Nuttall

25 F. Supp. 2d 407 · District Court, S.D. New York · Nov 4, 1998

Qualiñed Immunity Nor is Nuttall shielded from liability by the doctrine of qualified immunity. … A government official is entitled to qualified immunity when the official’s conduct does not *410 violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

Salahuddin v. Coughlin

999 F. Supp. 526 · District Court, S.D. New York · Jun 2, 1998

The doctrine of qualified immunity protects government officials from liability for civil damages if the challenged action “does not violate clearly established statutory or constitutional rights of which a reasonable person … Ignoring Judge Jones August 1996 decision in this case, defendants argue that they were entitled to qualified immunity because the right of keeploeked prisoners to attend congregate religious services was not clearly established

Nocera v. New York City Fire Commissioner

921 F. Supp. 192 · District Court, S.D. New York · Mar 31, 1996

Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was “objectively reasonable” for him to … immunity because the law was clearly established, as the parties agree, that public employers must have reasonable suspicion before requiring an individualized drug test.

Schwimmer v. Kaladjian

988 F. Supp. 631 · District Court, S.D. New York · Dec 9, 1997

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. … The Court-finds that Guilford is protected by qualified immunity.

Rodrigues v. Village of Larchmont, New York

608 F. Supp. 467 · District Court, S.D. New York · May 7, 1985

Therefore, the court cannot grant summary judgment regarding the qualified immunity. 2. … This is clearly incorrect.

Alvarez v. Abreau

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

In this case, it was clearly wrong for me to do so. … After reserving on the plaintiffs’ motion, the Court sent the qualified immunity issue to the jury, clearly setting forth for it the factual issues to be decided.

Finch v. NEW YORK STATE OFFICE OF CHILDREN

499 F. Supp. 2d 521 · District Court, S.D. New York · Jul 3, 2007

Qualified Immunity The doctrine of qualified immunity shields government officials from civil liability as long as "`their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … his conduct was unlawful.'" [99] If an official's conduct did not violate clearly established law, that official is entitled to qualified immunity.

Gutierrez v. Joy

502 F. Supp. 2d 352 · District Court, S.D. New York · Jul 27, 2007

QUALIFIED IMMUNITY The doctrine of qualified immunity shields government officials per *361 forming discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory … In sum, Defendants have not established that they are entitled to qualified immunity, as Gutierrez’s right to due process was clearly established and it was not objectively reasonable for Defendants to believe their conduct

Dockery v. Barnett

167 F. Supp. 2d 597 · District Court, S.D. New York · Sep 19, 2001

It is well-established that 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 … his actions did not violate a clearly established right.

Baskerville v. Blot

224 F. Supp. 2d 723 · District Court, S.D. New York · Sep 18, 2002

The doctrine of qualified immunity protects state actors sued in their individual capacity from suit for monetary damages where “their conduct does not violate clearly established statutory or constitutional rights of which … A state actor is qualifiedly immune if 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 action did not violate such law

Carrillo v. Ward

770 F. Supp. 815 · District Court, S.D. New York · Jun 4, 1991

DISCUSSION Defendants assert that plaintiff cannot maintain her Fourth Amendment claims or her claim of deprivation of liberty because they are immune from suit under the doctrine of qualified immunity, that plaintiff’s Fourteenth … I The doctrine of qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages in so far as their conduct does not violate clearly established statutory or constitutional

Washington Square Post 1212 American Legion v. City of New York

720 F. Supp. 337 · District Court, S.D. New York · Aug 31, 1989

A government actor is entitled to qualified immunity “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v. … Qualified Immunity Defendants further argue that even if their entry was illegal they are entitled to qualified immunity as a “reasonable officer could have believed the search was lawful in light of clearly established law

Lundgren v. Curiale

836 F. Supp. 165 · District Court, S.D. New York · Nov 10, 1993

The defendants argue in the alternative that they should be granted summary judgment on the basis of qualified immunity. … Government officials performing discretionary functions are entitled to such immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Dale v. Bartels

552 F. Supp. 1253 · District Court, S.D. New York · Dec 17, 1982

Some of it is hearsay, clearly tendered as such. … Qualified good faith immunity under Butz v.

De Villar v. City of New York

628 F. Supp. 80 · District Court, S.D. New York · Jan 27, 1986

violate clearly established federal statutory or constitutional rights of which a reasonable person would have known. … Gliedman and Silverman are therefore within their qualified immunity and are entitled to summary judgment dismissing the action. 4 *85 III.

Bussey v. Phillips

419 F. Supp. 2d 569 · District Court, S.D. New York · Mar 10, 2006

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 … Defendants’s only argument on qualified immunity is that since Bussey had no clearly established right to a particular prison job, his removal from the Chair Shop could not have violated clearly established law and it was

Anderson v. New York State Division of Parole

546 F. Supp. 816 · District Court, S.D. New York · Sep 8, 1982

Defendant Hammock would at best be entitled to a qualified good faith immunity. See infra. … Cross (5th Cir. 1981) 635 F.2d 476 (qualified immunity only); Douglas v. Muncy (4th Cir. 1978) 570 F.2d 499 (absolute immunity); Thompson v.

McCormack v. Cheers

818 F. Supp. 584 · District Court, S.D. New York · Apr 1, 1993

to qualified immunity under Harlow v. … Qualified immunity provides “that government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Lynch Ex Rel. Lynch v. City of Mount Vernon

567 F. Supp. 2d 459 · District Court, S.D. New York · Jun 13, 2008

Qualiñed Immunity Qualified immunity shields government officials from liability for civil damages resulting from their performance of discretionary functions unless their conduct violated a clearly established constitutional … “Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him

Rodriguez v. City of New York

931 F. Supp. 209 · District Court, S.D. New York · Jun 6, 1996

Officer Immunity The Officers raise the affirmative defense of qualified immunity. … Qualified immunity, of course, shields government officials performing discretionary functions from liability for civil damages when “their con-, duct does not violate clearly established statutory or constitutional rights