Case law

Carpenter v. City of New York

984 F. Supp. 2d 255 · District Court, S.D. New York · Nov 27, 2013

That an individual officer committed a constitutional violation is not sufficient, however, to establish liability under § 1983 because these officers are further protected by the doctrine of qualified immunity. … As the Supreme Court recently reiterated, “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

Saar v. United States Department of Justice

705 F. Supp. 999 · District Court, S.D. New York · Feb 7, 1989

violate clearly established rights of which a reasonable person would have known. … In addition, defendants Lansing and May correctly assert that they are entitled to qualified immunity as to this claim.

Magilton v. Tocco

379 F. Supp. 2d 495 · District Court, S.D. New York · Jul 25, 2005

And defendants’ motion for qualified immunity can be and is denied. … All Defendants’ Motion for Summary Judgment on the Ground of Qualified Immunity is Denied The individual Defendants move in the alternative for summary judgment on the ground of qualified immunity.

Randle v. Alexander

960 F. Supp. 2d 457 · District Court, S.D. New York · May 30, 2013

Qualified Immunity In defense to some of Plaintiff’s claims, Defendants assert qualified immunity. (Defi’s Mem. at 12.) … Qualified Immunity Defendants raise qualified immunity as a defense to Randle’s allegations relating to the forced fight. Defendants contend that their conduct did not violate clearly established law.

Smart v. Goord

441 F. Supp. 2d 631 · District Court, S.D. New York · Jul 27, 2006

“The doctrine of qualified immunity protects state actors sued in their individual capacity from suits for monetary damages where ‘their conduct does not violate clearly established statutory or constitutional rights of which … Therefore, state officials are shielded by qualified immunity 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

Searles v. Pompilio

652 F. Supp. 2d 432 · District Court, S.D. New York · Jul 23, 2009

WHETHER POMPILIO IS ENTITLED TO QUALIFIED IMMUNITY Pompilio asserts that as a governmental official performing discretionary-functions, he is entitled to qualified immunity because his actions were in good faith and he had … The qualified immunity defense available to Pompilio is not available to the City. Vives v.

Amato v. Hartnett

936 F. Supp. 2d 416 · District Court, S.D. New York · Mar 30, 2013

Qualified Immunity The individual Defendants have raised the defense of qualified immunity. … clearly established at the time it was taken.”

Varela v. Demmon

491 F. Supp. 2d 442 · District Court, S.D. New York · Jun 14, 2007

Qualified Immunity 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 … applicability of the qualified immunity defense only in the vaguest and most general terms.

In Re World Trade Center Disaster Site Litigation

469 F. Supp. 2d 134 · District Court, S.D. New York · Jan 8, 2007

An immediate appeal under the collateral order doctrine is not available where material facts are in genuine dispute: Under the collateral order doctrine ... the denial of a qualified-immunity-based motion for summary judgment … United States, 431 U.S. 651 , 97 S.Ct. 2034 , 52 L.Ed.2d 651 (1977); or the right of a government official to do his job without being sued for discretionary acts that do not violate a clearly established right.

Randle v. Alexander

170 F. Supp. 3d 580 · District Court, S.D. New York · Mar 16, 2016

Qualified Immunity The doctrine of qualified immunity protects prison officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Feb. 22, 2011) (rejecting a qualified immunity argument “in [the] inmate suicide context”). *597 The Mental Health Defendants’ argument for qualified immunity also fails.

Bermudez v. City of New York

783 F. Supp. 2d 560 · District Court, S.D. New York · Mar 25, 2011

Qualified Immunity 1. … Moreover, it is clearly established that New York state law prohibits sexual harassment and discrimination in the workplace. See N.Y. Exec. Law § 296 .

Williams v. King

56 F. Supp. 3d 308 · District Court, S.D. New York · Aug 11, 2014

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Defendants argue that there is no clearly established right to avoid religious registration.

Warren v. Goord

579 F. Supp. 2d 488 · District Court, S.D. New York · Sep 30, 2008

Defendants also assert that they are entitled to qualified immunity. … "Qualified immunity shields government officials from civil suits for damages 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Community Hospital of Rockland County v. United States (In Re Community Hospital of Rockland County)

5 B.R. 11 · District Court, S.D. New York · Jan 2, 1980

However, Section 106 of the Bankruptcy Code was intended to qualify Section 1111(a) with respect to the Government. … Because Section 724 is clearly part of Sub-chapter II of Chapter 7, Section 724 is not available to a debtor proceeding in Chapter 11. Section 724 applies only to Chapter 7 proceedings.

Newton v. City of New York

681 F. Supp. 2d 473 · District Court, S.D. New York · Jan 27, 2010

Qualified and Absolute Immunity Government officials performing discretionary functions are generally granted qualified immunity and are immune from suit provided that “ ‘their conduct does not violate clearly established … Leonard, 282 F.3d 123, 124 (2d Cir.2002) (finding that a supervisory official is protected by qualified immunity unless both the federal right and the basis of supervisory liability were clearly established).

Dawson v. County of Westchester

351 F. Supp. 2d 176 · District Court, S.D. New York · Dec 29, 2004

Qualified Immunity The purpose of the qualified immunity doctrine is to “strike a fair balance between (1) the need to provide a realistic avenue for vindication of constitutional guarantees, and (2) the need to protect public … Maul, 214 F.3d 350, 356 (2d Cir. 2000) (“[A] defendant is entitled to the shield of qualified immunity if the allegations of the complaint fail to state a claim that his conduct violated ‘clearly established statutory or

Beckmann v. Darden

351 F. Supp. 2d 139 · District Court, S.D. New York · Dec 8, 2004

immunity on all claims of discrimination on the basis of political affiliation because the Plaintiffs claimed rights were not clearly established. … D.Qualified Immunity for Defendant Darden As an alternative defense to liability on any political affiliation claims, 7 Defendant Darden is entitled to qualified immunity in this case.

Sulton v. Wright

265 F. Supp. 2d 292 · District Court, S.D. New York · Jun 6, 2003

Qualified Immunity Of Defendants Is Not Established By The Complaint The doctrine of qualified immunity shields government officials from suits for damages arising from performance of their discretionary functions when, applying … Harrison, 219 F.3d at 139 , barring qualified immunity.

Majid v. Wilhelm

110 F. Supp. 2d 251 · District Court, S.D. New York · Aug 22, 2000

State officials who are sued under § 1983 are entitled to qualified immunity from liability from damages for their discretionary acts “insofar as their conduct does not violate clearly established statutory or constitutional … grant of qualified immunity.

Selman v. Harvard Medical School

494 F. Supp. 603 · District Court, S.D. New York · May 20, 1980

Clearly, any damage claim resulting from a lawsuit such as the instant one would not be paid through such revenue bonds but from public funds. … Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), it was clearly stated that to have a property interest, “a person must have more than an abstract need or desire. ...