Case law

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.

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. ...

Rolon v. Henneman

443 F. Supp. 2d 532 · District Court, S.D. New York · Aug 2, 2006

Because such a right, which has not been recognized by either the Supreme Court or the Second Circuit, certainly was not “clearly established” in 2000 when Moskowitz made *540 the allegedly false accusations, the doctrine … of qualified immunity would protect Moskowitz from liability.

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.

Goonewardena v. New York

475 F. Supp. 2d 310 · District Court, S.D. New York · Feb 14, 2007

To state a claim under section 504 of the Rehabilitation Act, as under the ADA, a plaintiff must establish that: 1) plaintiff is a “qualified individual” with a disability; 2) defendant is subject to the Act; and 3) plaintiff … The Second Circuit has stated that in order to establish valid abrogation permitting suits for money damages against the State or indi *324 viduals in their official capacities, the plaintiff must "establish that the Title

Bruan, Gordon & Co. v. Hellmers

502 F. Supp. 897 · District Court, S.D. New York · Oct 28, 1980

With respect to defendants’ alleged immunity from liability, defendants enjoy a qualified immunity in connection with their conduct of disciplinary proceedings against plaintiff. See Trama v. … The qualified privilege established in Trama applies only to the conduct of disciplinary proceeding by NASD or similarly situated associations and stock exchanges; the court has never suggested that NASD would enjoy a qualified

Algarin v. Town of Wallkill

313 F. Supp. 2d 257 · District Court, S.D. New York · Apr 5, 2004

Plaintiffs allege that the Commission’s use of derogatory terms about the department, such as “lawless” and “out of control,” stigmatized and defamed them because, as members of the small police force, each of them was clearly … Insofar as the operations of the police department are concerned, the Police Commissioners are not like employees and other “inferior” state actors, who are afforded only qualified immunity. Id.

Soomro v. City of New York

174 F. Supp. 3d 806 · District Court, S.D. New York · Mar 30, 2016

Accordingly, the Defendants are entitled as a matter of law to summary judgment dismissing Plaintiffs false arrest claim, on qualified immunity grounds and because the undisputed record establishes that there was probable … Defendants do not seek dismissal of the malicious prosecution claim on qualified immunity grounds. .

Thomas v. County of Putnam

257 F. Supp. 2d 711 · District Court, S.D. New York · Apr 21, 2003

Absolute Immunity Prosecutors facing individual capacity liability can claim absolute or qualified immunity. … Thomas’s clearly established right to Equal Protection under the laws and the right to be free from malicious, vexatious and unwarranted criminal process. (Pl.’s Mem. Opp Mot. Summ J. at 2-3.)

Berman v. Turecki

885 F. Supp. 528 · District Court, S.D. New York · May 5, 1995

Qualified Immunity FBI officers enjoy a qualified immunity from damage suits arising out of their official conduct. See Anderson v. … Consequently, Chapman is immune from liability in a Bivens action on grounds of qualified immunity. 16 A defense of qualified immunity should be decided at the earliest possible stage in a litigation, and it is a defense

Higazy v. Millennium Hotel and Resorts

346 F. Supp. 2d 430 · District Court, S.D. New York · Sep 30, 2004

Templeton’s actions thus were not “objectively unreasonable in light of clearly established law,” Ford v. Moore, 237 F.3d at 162 , and Agent Tem-pleton is entitled to qualified immunity. 4. … In these circumstances Templeton is clearly entitled to the benefit of the qualified immunity defense.

DT v. Somers Central School District

588 F. Supp. 2d 485 · District Court, S.D. New York · Nov 24, 2008

Accordingly, Perrella is entitled to qualified immunity. … Therefore, Horisk is entitled to qualified immunity.

Jones v. Harris

665 F. Supp. 2d 384 · District Court, S.D. New York · Oct 13, 2009

Defendants have also moved, in the alternative, for summary judgment dismissing plaintiffs’ claims on the ground of qualified immunity. … It is no defense to a claim of qualified immunity that the defendant did not do what plaintiff said he did.

Sereika v. Patel

411 F. Supp. 2d 397 · District Court, S.D. New York · Jan 25, 2006

that were clearly established at the time it was taken.” … Where a right is clearly established, a government official is entitled to qualified immunity if it was “objectively reasonable for him to believe that his actions were lawful at the time of the challenged act.”

MacISSAC v. Town of Poughkeepsie

770 F. Supp. 2d 587 · District Court, S.D. New York · Mar 9, 2011

Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (establishing modern qualified immunity doctrine). … Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009), courts confronted with qualified immunity may consider whether a claimed constitutional right was clearly established at the time of the defendant's alleged

White v. DEPARTMENT OF CORRECTIONAL SERVICES

814 F. Supp. 2d 374 · District Court, S.D. New York · Sep 30, 2011

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 *394 person would have … Even where a plaintiffs rights are clearly established, qualified immunity protects a government official “if it was ‘objectively reasonable’ for him to believe his actions were lawful at the time of the challenged act.”

Golio v. City of White Plains

459 F. Supp. 2d 259 · District Court, S.D. New York · Nov 2, 2006

The two officers seek dismissal of the federal claims against them on the ground of qualified immunity. … The question is whether she is entitled to qualified immunity for making that mistake. Maybe yes; maybe no.

Bertuglia v. City of New York

133 F. Supp. 3d 608 · District Court, S.D. New York · Sep 28, 2015

of clearly established law.” … “[P]ublic 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 their acts did not violate those

Shabazz v. Kailer

201 F. Supp. 3d 386 · District Court, S.D. New York · Aug 12, 2016

The Court cannot decide at the pleading stage that qualified immunity applies. … “As a general rule, police officers 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 their acts did

Matthews v. Selsky

870 F. Supp. 66 · District Court, S.D. New York · Dec 12, 1994

established since Wolff v. … Because the Court holds that the defendants are immune under the doctrine of qualified immunity, it is not necessary to examine defendants' claims that Sandmann and Selsky are also entitled to absolute immunity.