Case law

Lederman v. Adams

45 F. Supp. 2d 259 · District Court, S.D. New York · Mar 25, 1999

Town of Babylon, 986 F.2d 646, 650 (2d Cir.1993)). (3) Qualified Immunity The doctrine of qualified immunity shields police officers from personal liability for “official conduct that ‘does not violate clearly established … Here, a question of fact remains as to whether Adams had probable cause to arrest plaintiff or is otherwise entitled to qualified immunity.

Dellamore v. Stenros

886 F. Supp. 349 · District Court, S.D. New York · Feb 16, 1995

Finally, defendants also seek summary judgment on qualified immunity grounds. … Qualified immunity is available on a motion for summary judgment “if it appears, from undisputed facts, that an officer’s conduct did not violate constitutional rights that were clearly established at the time of his [or

Hurley v. Ward

451 F. Supp. 930 · District Court, S.D. New York · Jun 9, 1978

Strickland rule, the immunity defense would be unavailing to [defendants] if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have … Thus, it simply cannot be said that at the time the events in question occurred plaintiff’s constitutional right to be free from these searches was “clearly established,” Procunier v.

Howard v. Schoberle

907 F. Supp. 671 · District Court, S.D. New York · Oct 5, 1995

Qualified Immunity The City Defendants also argue that they are entitled to qualified immunity on Plaintiffs’ § 1983 claims. … Qualified immunity is an affirmative defense under § 1983 which shields a defendant sued in his individual capacity from liability for civil damages insofar as [his] conduct does not violate clearly established statutory

Alhovsky v. Ryan

658 F. Supp. 2d 526 · District Court, S.D. New York · Aug 7, 2009

At a minimum they had an arguable basis for doing so, which entitles them to the shield of qualified immunity. … “To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officers involved to believe that their conduct was appropriate under the circumstances, or that officers of

Transmirra Products Corp. v. Monsanto Chemical Co.

26 F.R.D. 572 · District Court, S.D. New York · Dec 19, 1960

No concerted action or agreement to violate plaintiff’s confidence has been established. … However, the two are clearly distinct and reflect different policy considerations. In Scourtes v. Fred W.

Standt v. City of New York

153 F. Supp. 2d 417 · District Court, S.D. New York · Jul 19, 2001

Qualified Immunity Qualified immunity insulates a police officer from liability for civil rights violations committed in the course of duty if (1) the officer believed in good faith that his conduct was lawful; and (2) it … Although courts should rule on qualified immunity defenses “early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive,” Saucier, 121 S.Ct. at 2155, the question of qualified

Broadaway v. City of New York

601 F. Supp. 624 · District Court, S.D. New York · Jan 18, 1985

immunity because they neither knew nor should have known that their actions would violate the rights of another” citing Harlow. … While a plunge into the thicket of qualified immunity is apt to be painful, as exemplified by Harlow , in view of the Officers’ position it is necessary.

Lee v. Coughlin

26 F. Supp. 2d 615 · District Court, S.D. New York · Oct 26, 1998

QUALIFIED IMMUNITY BASED ON SANDIN In Lee I, the Court rejected the defendants’ qualified immunity defense on the ground that defendants violated a then clearly established right of plaintiff to have an assistant aid him … Qualified immunity asks what law was clearly established at the time the alleged violation occurred. In 1991, the Helms test was the clearly established law.”); Bruns v.

Levy v. Alfano

47 F. Supp. 2d 488 · District Court, S.D. New York · Apr 29, 1999

liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known ...” … were clearly established — the official is entitled to qualified immunity.

Mason v. City of New York

949 F. Supp. 1068 · District Court, S.D. New York · Dec 17, 1996

The defense of qualified immunity has been summarized as follows: “Government officials performing discretionary functions are shielded from personal liability ‘insofar, as their conduct does not violate clearly established … But that is far too general a statement for meaningful qualified immunity analysis.

Scheiner v. New York City Health and Hospitals

152 F. Supp. 2d 487 · District Court, S.D. New York · Jul 24, 2001

Under the doctrine of qualified immunity, “gov *502 ernment officials performing discretionary-functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Nevertheless, “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

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.

Dodge v. County of Orange

226 F.R.D. 177 · District Court, S.D. New York · Jan 27, 2005

Since the law on this point cannot be considered “clearly established” as of the time the searches were conducted on the members of the proposed class, qualified immunity is a common defense applicable to Sheriff Bigger as … immunity purposes, was "clearly established.”

Case v. City of New York

233 F. Supp. 3d 372 · District Court, S.D. New York · Feb 10, 2017

Further, Defendants are not entitled to qualified immunity on this claim. … Finally, Defendants are not entitled to qualified immunity on this claim.

United States v. Melekh

190 F. Supp. 67 · District Court, S.D. New York · Nov 28, 1960

The defendant neither qualifies for nor claims such immunity. … While it will clearly be necessary that all officials, whatever their rank, should be granted immunity from legal process in respect of acts done in the course of their official duties, whether in the country of which they

Jeffries v. Harleston

828 F. Supp. 1066 · District Court, S.D. New York · Aug 4, 1993

Finally, we conclude that the defense of qualified immunity is not available to the defendants, in that they violated clearly established statutory or constitutional rights of which a reasonable person would have known, and … The Court also denied the Piesco defendants qualified immunity. See id. at 1160-61 . The Court emphasized that it was clearly established at the time the Piesco defendants retaliated against Dr.

Campo v. Keane

913 F. Supp. 814 · District Court, S.D. New York · Feb 6, 1996

The doctrine of 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 … Summary judgment is “particularly appropriate when the qualified immunity defense is based on a showing that the asserted right was not clearly established.” Rodriguez, 66 F.3d at 475 .

Carter v. Fagin

348 F. Supp. 2d 159 · District Court, S.D. New York · Dec 9, 2004

Perilli’s motion for dismissal on the ground of qualified immunity because a reasonable jury could find that Dr. … Doe, supra —defendant Perilli is not entitled to qualified immunity as a matter of law.

Jones v. Goord

190 F.R.D. 103 · District Court, S.D. New York · Sep 27, 1999

Qualified Immunity Defendants also argue, inter alia, that they are entitled to qualified immunity. … Accordingly, defendants’ motion to dismiss on qualified immunity grounds is denied.