Case law

Miller v. Garrett

695 F. Supp. 740 · District Court, S.D. New York · Sep 26, 1988

Moreover, even if Parole Officer Blum is entitled to only qualified immunity, cf. Ray v. Pickett, 734 F.2d 370, 372 (8th Cir.1984), plaintiffs claims against Blum must still be dismissed. … A state official is entitled to qualified immunity for conduct which did not violate clearly established statutory or constitutional rights of which an official could reasonably be expected to know. See Harlow v.

Richards v. CITY OF NEW YORK 405

433 F. Supp. 2d 404 · District Court, S.D. New York · Jun 15, 2006

Under the doctrine of qualified immunity, police officers will not be subjected to personal liability for damages when their official conduct “does not violate clearly established statutory or constitutional rights of which … claims barred by qualified immunity.”

Sulehria v. City of New York

670 F. Supp. 2d 288 · District Court, S.D. New York · Nov 23, 2009

are protected by qualified immunity. … A public official is thus entitled to qualified immunity if (1) his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively

Jenkins v. Tyler

167 F. Supp. 2d 652 · District Court, S.D. New York · Oct 18, 2001

Even were there substantial grounds to sustain Jenkins’s claims of a First Amendment violation here, Tyler would nevertheless be immune from liability under the doctrine of qualified immunity. … In accordance with this doctrine, government officials are shielded from liability flowing from their performance of discre *656 tionary functions as long as “their conduct does not violate clearly established statutory or

Huth v. Haslun

628 F. Supp. 2d 425 · District Court, S.D. New York · Apr 3, 2008

Archer, (3) Plaintiff cannot establish an equal protection violation, and (4) Defendants Barr, • Haslun and Millan are entitled to qualified immunity. … “Even where a [constitutional] right is clearly established, an official is entitled to qualified immunity nevertheless if ‘it was objectively reasonable for the public official to believe that his acts did not violate that

Croci v. Town of Haverstraw

175 F. Supp. 3d 373 · District Court, S.D. New York · Mar 31, 2016

Qualified Immunity Defendants also move to dismiss the claims against Phillips and Wargo because they are, Defendants assert, protected by the doctrine of qualified immunity. {See Defs.’ Mem. 11-12.) … ,-which is primarily objective in nature,” (2) that no clearly established law showed Plaintiff had- a “clear entitlement” to her position for purposes of a due process analysis, and (3) that Defendants qualified immunity

East Coast Novelty Co., Inc. v. City of New York

781 F. Supp. 999 · District Court, S.D. New York · Jan 2, 1992

Qualified Immunity “ ‘[Wjhether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action generally turns on the “objective legal reasonableness” of the action assessed … in light of the legal rules that were “clearly established” at the time it was taken.’ ” Washington Square Post No. 1212 v.

Manza v. Newhard

915 F. Supp. 2d 638 · District Court, S.D. New York · Jan 15, 2013

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

Home Indemnity Co. v. Brennan

430 F. Supp. 828 · District Court, S.D. New York · Jan 11, 1977

The Court of Appeals has recently recognized that federal officials sued for actions taken in their official capacity enjoy a qualified immunity in the absence of a lack of good faith and reasonable grounds for such actions … On appeal, the district court’s finding was sustained, notwithstanding the erroneous application of an absolute, rather than a qualified, immunity.

Goldberg v. Village of Spring Valley

538 F. Supp. 646 · District Court, S.D. New York · Apr 20, 1982

Lucas, 595 F.2d 985, 989 (5th Cir. 1979), had previously held that local legislators possessed only a qualified immunity under § 1983. The Hernandez panel overruled the Crowe v. … Mayor Rosenthal did not move for dismissal or summary judgment on the basis of an immunity, either qualified or absolute. 4 .

Bruker v. City of New York

92 F. Supp. 2d 257 · District Court, S.D. New York · Apr 27, 2000

QUALIFIED IMMUNITY 7 Qualified immunity protects government officials from suit for performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The constitutional rights which plaintiff alleges were violated and as to which the defendants claim qualified immunity were clearly established at the time at which defendants acted. 8 In 1992 it was clearly established

Spang v. Katonah-Lewisboro Union Free School District

626 F. Supp. 2d 389 · District Court, S.D. New York · May 18, 2009

Qualified Immunity In the alternative, Lichtenfeld argues that he is entitled to qualified immunity on the retaliation charge. … Government defendants sued in their individual capacity are shielded by qualified immunity as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would

Lewis v. United States

388 F. Supp. 2d 190 · District Court, S.D. New York · Mar 14, 2005

Under the doctrine of qualified immunity, however, governmental officials performing discretionary functions may be shielded from liability for civil damages “insofar as their conduct does not violate clearly established … Even where the right was clearly established at the time of the infringement, a public official is entitled to qualified immunity if he “reasonably believed that his actions did not violate plaintiffs rights ... even if that

Soto v. Lord

693 F. Supp. 8 · District Court, S.D. New York · Aug 9, 1988

the legal rules that were ‘clearly established’ at the time it was taken.” … rule was “clearly established” in March 1985.

MacK v. Town of Wallkill

253 F. Supp. 2d 552 · District Court, S.D. New York · Feb 24, 2003

“Whether an official is entitled to qualified immunity requires a two part analysis. … Chief Coscette would not be entitled to qualified immunity as a matter of law on a view of the facts most favorable to plaintiff.

Zamora v. North Salem Central School District

414 F. Supp. 2d 418 · District Court, S.D. New York · Feb 9, 2006

A public official is entitled to qualified immunity for acts taken in his or her official capacity, unless those acts violated clearly established Constitutional rights of which an objectively reasonable official would have … Second, the right alleged must have been clearly established at the time of the violation. Finally, the official will receive immunity if his or her actions were objectively reasonable. See id. at 212.

Newkirk v. Allen

552 F. Supp. 8 · District Court, S.D. New York · Nov 29, 1982

It is well established, however, that the scope of the coverage of the immunity doctrine is not so limited. Id. at 573 , 79 S.Ct. at 1340 . … Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), the Court held that federal officials enjoy only a qualified immunity from liability for constitutional torts. Id. at 485 , 98 S.Ct. at 2899-2900.

Starkey Ex Rel. Starkey v. Somers Central School Dist.

319 F. Supp. 2d 410 · District Court, S.D. New York · Mar 18, 2004

Brodow is entitled to qualified immunity. … “Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

United States v. Kuznetsov

442 F. Supp. 2d 102 · District Court, S.D. New York · Jul 24, 2006

Defendant also states that he qualifies as a diplomatic agent because of his participation in the Geneva Group. … Accordingly, the Court finds that Defendant has not established that he is entitled to immunity under the Vienna Convention as a diplomatic agent. 2.

Velez Ex Rel. Velez v. Reynolds

325 F. Supp. 2d 293 · District Court, S.D. New York · Jul 10, 2004

Under the doctrine of qualified immunity, government officials performing discretionary functions are generally shielded from liability for civil damages “if either (1) their conduct did not violate clearly established rights … Summary judgment on qualified immunity grounds is thus appropriate if a right is not clearly established or if no reasonable jury, looking at the evidence in the light most favorable to, and drawing all inferences most favorable