Case law

Edwards v. Pretsch

180 F. Supp. 2d 499 · District Court, S.D. New York · Jan 11, 2002

Brown, [a] police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Defendants’ motion for summary judgment on the basis of qualified immunity for this claim is similarly denied. It is clearly established that police officers may not coerce a confession from a criminal suspect.

McLaurin v. New Rochelle Police Officers

373 F. Supp. 2d 385 · District Court, S.D. New York · Jun 9, 2005

Qualified Immunity Of Officer Defendants Qualified immunity shields a public official from civil liability when his conduct does not violate a clearly established statutory or constitutional right. … Thus, Officer Fagan is entitled to qualified immunity.

Friedman v. Young

702 F. Supp. 433 · District Court, S.D. New York · Dec 14, 1988

Qualified Immunity Young has the right to assert qualified immunity from liability for any unconstitutional conduct so long as his conduct was reasonable and did not violate clearly established law of which they knew or should … immunity.

DiLegge v. Gleason

131 F. Supp. 2d 520 · District Court, S.D. New York · Feb 13, 2001

clearly established statutory or constitutional rights of which a reasonable person would have known.” … Defendants are entitled to qualified immunity if their action either 1) did not violate clearly established law, or 2) was objectively reasonable.

Brennan v. City of White Plains

67 F. Supp. 2d 362 · District Court, S.D. New York · Oct 5, 1999

Under the doctrine of qualified immunity, state officials performing discretionary functions are shielded from liability for civil damages if their conduct either “did not violate clearly established rights of which a reasonable … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing

Stamps-Bey v. Thomas

618 F. Supp. 1122 · District Court, S.D. New York · Sep 20, 1985

Fitzgerald, supra, the Court reformulated the doctrine of qualified immunity by establishing an objective standard against which to measure the actions of a federal official accused of constitutional torts. … Under the holding of Harlow , a government official’s immunity from liability depends on the objective reasonableness of his conduct as measured by reference to clearly established law.

ROBERTS BY ROBERTS v. City of New York

753 F. Supp. 480 · District Court, S.D. New York · Dec 18, 1990

Qualified Immunity. … In applying the objective reasonableness standard to this ease, we cannot find that probable cause was so clearly lacking as to defeat Officer Brunelle’s claim to qualified immunity.

Kerr v. Valle

903 F. Supp. 595 · District Court, S.D. New York · Nov 3, 1995

“[T]o establish the qualified immunity defense, a police officer must [show] ... either that his conduct did not violate ‘clearly established rights,’ ... or that it was ‘objectively reasonable’ to believe that his acts did … not violate these clearly established rights.”

Mir v. Zucker

District Court, S.D. New York · Nov 1, 2019

were immune from suit for damages. … It is well established that principles of issue preclusion apply to threshold determinations such as subject-matter jurisdiction, see, e.g., Stone v.

Grant v. City of New York

500 F. Supp. 2d 211 · District Court, S.D. New York · Feb 20, 2007

Having found that probable cause existed for the arrest, we need not reach the issue of qualified immunity. … The determination of whether police officers are entitled to qualified immunity is to be determined independent of the merits of the underlying action. Washington Square Post # 1212 v.

Ortiz v. Pearson

88 F. Supp. 2d 151 · District Court, S.D. New York · Feb 22, 2000

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … Furthermore, even when a plaintiffs constitutional rights and the scope of the “permissible conduct are clearly established, the qualified immunity defense protects a government official if it was ‘objectively reasonable’

Doe v. Smith

704 F. Supp. 1177 · District Court, S.D. New York · Oct 3, 1988

The qualified immunity evaporates only if the challenged actions are deemed to be clearly violative of the complainant’s rights. Walsh v. Franco, 849 F.2d 66 (2d Cir.1988). … Detective Smith is accorded qualified immunity from liability for discretionary functions *1187 insofar as his conduct does not violate clearly established statutory or constitutional rights when he knew or reasonably should

Malik v. Tanner

697 F. Supp. 1294 · District Court, S.D. New York · Oct 7, 1988

As Magistrate Buchwald stated in her Report, the “doctrine of qualified immunity precludes a finding of liability when a government official performing discretionary functions can establish that it was objectively reasonable … for him to believe that his conduct did not violate plaintiff’s clearly established statutory or constitutional rights.’’

Reynolds Ex Rel. Reynolds v. Strunk

688 F. Supp. 950 · District Court, S.D. New York · Jun 23, 1988

Via, 821 F.2d 913 (2d Cir.1987), the Second Circuit rejected the extension of absolute immunity to officials conducting a child abuse investigation, but held that a qualified immunity could be established by a defendant in … But even if willful action is found, we find under Robison that Nugent has established a qualified immunity from suit in this case because the record precludes a jury from finding that it was objectively unreasonable for

K.M. Ex Rel. D.G. v. Hyde Park Central School District

381 F. Supp. 2d 343 · District Court, S.D. New York · Aug 11, 2005

Qualified immunity shields a public official from civil liability when his conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. … clearly established constitutional rights.

Brown v. Coughlin

704 F. Supp. 41 · District Court, S.D. New York · Jan 4, 1989

Government officials enjoy qualified immunity against damages suits “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Only Henry raises qualified immunity as a defense.

Green v. City of Mount Vernon

96 F. Supp. 3d 263 · District Court, S.D. New York · Mar 31, 2015

For claims brought under federal law, “[a] police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established statutory or constitutional … Qualified immunity may also be a defense to an excessive force claim.

Pugh v. Goord

571 F. Supp. 2d 477 · District Court, S.D. New York · Jul 31, 2008

Qualified Immunity Defendants next contend that qualified immunity shields them from money damages based on plaintiffs’ § 1983 claims because their conduct did not violate clearly established rights. (State Defs.’ … However, “government officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established

Colandrea v. Town of Orangetown

490 F. Supp. 2d 342 · District Court, S.D. New York · May 18, 2007

With respect to qualified immunity, public officials are entitled to qualified immunity if: “(1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe … established right, or was objectively reasonable in light of clearly established law.

Phillips v. County of Orange

894 F. Supp. 2d 345 · District Court, S.D. New York · Sep 11, 2012

Moreover, when a qualified immunity defense is asserted, a court should consider the specific scope and nature of a defendant’s qualified immunity claim. … See, e.g., Stoot, 582 F.3d at 922 (finding that in-school interview of child suspected of abusing another violated Fourth Amendment but granting qualified immunity because it was not clearly established that the officer could