Case law

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.

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.

Dukes v. City of New York

879 F. Supp. 335 · District Court, S.D. New York · Mar 7, 1995

of qualified immunity. … Consequently, Morgan is immune from liability under § 1983 on grounds of qualified immunity. V.

Quadir v. New York State Department of Labor

39 F. Supp. 3d 528 · District Court, S.D. New York · Aug 19, 2014

An employee suing for failure to make such reasonable accommodations must establish four elements to make a prima facie case: “(1) plaintiff is a person with a disability under the meaning of the [Rehabilitation Act]; (2) … At this early stage, Quadir is not required to plead specifics about the internal motivations of Department supervisors that he could establish only through discovery.

Harris v. Mills

478 F. Supp. 2d 544 · District Court, S.D. New York · Mar 16, 2007

In Harris II, this Court established that the State of New York has waived its immunity by receiving federal funds, to the extent that Harris’s claim stems from his 2002 petition for restoration of his medical license. … “In order to establish a violation of § 504 of the Rehabilitation Act, a plaintiff must show: (1) that he has a disability for purposes of the Rehabilitation Act; (2) that he was ‘otherwise qualified’ for the benefit that

Carrasquillo v. City of New York

324 F. Supp. 2d 428 · District Court, S.D. New York · Jun 25, 2004

Qualified immunity “shields government officials from 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 … The Eighth Amendment right to *441 receive adequate medical treatment is both clearly established and well-settled, see, e.g., Estelle v.

Bisignano v. Harrison Central School District

113 F. Supp. 2d 591 · District Court, S.D. New York · Sep 11, 2000

Qualified immunity shields state actors from personal liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v. … “Clearly established” for purposes of qualified immunity means that “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.

Settecase v. PORT AUTHORITY OF NY & NJ

13 F. Supp. 2d 530 · District Court, S.D. New York · Jul 21, 1998

Defendant Rosenshein is entitled to qualified immunity if he can show that his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v. … Rosenshein does not dispute that the right be free from sex discrimination is a clearly established right.

Kantha v. Blue

262 F. Supp. 2d 90 · District Court, S.D. New York · May 2, 2003

Blue is not Entitled to Summary Judgment on the Basis of Qualified Immunity Blue argues that he is entitled to qualified immunity as a matter of law. 2 The qualified immunity doctrine shields “government officials performing … were clearly established at the time it was taken.”

Catskill Development, L.L.C. v. Park Place Entertainment Corp.

206 F.R.D. 78 · District Court, S.D. New York · Feb 20, 2002

The doctrine of tribal immunity from suit is well established. See Kiowa Tribe of Okla. v. … The extent to which tribal sovereign immunity applies to non-party subpoenas of individuals in civil litigation is not clearly established in this Circuit, and there is little authority anywhere on whether a Native American

Barrett v. United States

622 F. Supp. 574 · District Court, S.D. New York · Oct 8, 1985

QUALIFIED IMMUNITY A governmental attorney acting in other than his “quasi-judicial” capacity may have qualified immunity. … The federal attorney defendants’ motion to dismiss on the ground of absolute and qualified immunity is denied.

Francois v. Office of Mental Health of New York, Bronx Psychiatric Center

715 F. Supp. 69 · District Court, S.D. New York · May 26, 1989

The Supreme Court has held that the threshold fact of congressional authorization to abrogate Eleventh Amendment immunity is clearly present in a Title VII case. Fitzpatrick v. … Even if it is assumed that Francois is qualified for the title of Medical Specialist by the actions of five of the other facilities and therefore has established a prima facie case, no facts have been presented to demonstrate

Kraft v. City of New York

696 F. Supp. 2d 403 · District Court, S.D. New York · Apr 21, 2010

Qualified Immunity as to Federal Claims Against the Doctor Defendants The doctor defendants also argue that they are entitled to qualified immunity. … The doctrine of qualified immunity shields police officers from personal liability for “official conduct that ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Tompkins v. City of New York

50 F. Supp. 3d 426 · District Court, S.D. New York · Sep 10, 2014

Qualified immunity is a defense to malicious prosecution claims. See Betts v. Shearman, 751 F.3d 78, 83 (2d Cir.2014). … Because the federal qualified immunity analysis “also applies to, and *440 controls, the qualified immunity questions presented under New York law,” Officer Knights lacks qualified immunity from plaintiffs malicious prosecution

Guzman v. Jay

303 F.R.D. 186 · District Court, S.D. New York · Sep 24, 2014

Under the doctrine of qualified immunity, meanwhile, public officials are entitled to immunity from lawsuits for acts undertaken in their official capacity so long as “(1) their conduct does not violate clearly established … This very procedure was endorsed by the Second Circuit in Stephenson and does not constitute forfeiture of Defendant’s Rule 50(b) motion on the qualified immunity issue.

Szoke v. Carter

974 F. Supp. 360 · District Court, S.D. New York · Aug 25, 1997

Qualified Immunity Sweet contends that he is entitled to qualified immunity from suit insofar as he has been sued in his individual capacity. … In general, public officials are entitled to qualified immunity if their conduct does not violate constitutional rights that were clearly established at the time the alleged violation occurred. See Harlow v.

Lipton v. County of Orange, NY

315 F. Supp. 2d 434 · District Court, S.D. New York · Apr 14, 2004

“The qualified immunity doctrine shields ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … judgment on qualified immunity grounds is inappropriate.”

Paulin v. Figlia

916 F. Supp. 2d 524 · District Court, S.D. New York · Jan 10, 2013

Qualified Immunity Qualified immunity is immunity from suit rather than a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985). … No defendant argues at this stage that qualified immunity bars plaintiff's excessive force claims.

Tylena M. Ex Rel. Debra M. v. Heartshare Children's Services

390 F. Supp. 2d 296 · District Court, S.D. New York · Sep 19, 2005

§ 419”), New York common law immunity, and qualified immunity under federal law. a. … Immunity from Suit Under § 1983 The City Defendants’ discussion focuses on the federal doctrine of qualified immunity.

Cancel v. Mazzuca

205 F. Supp. 2d 128 · District Court, S.D. New York · Mar 27, 2002

Qualified Immunity All of the defendants assert, inter alia, the defense of qualified immunity. … violated ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”