Case law

Pekowsky v. Yonkers Board of Education

23 F. Supp. 3d 269 · District Court, S.D. New York · May 29, 2014

Qualified Immunity Qualified immunity “protects public officials performing discretionary functions from personal liability in a civil suit for damages insofar as their conduct does not violate clearly established statutory … Accordingly, Wermuth is not entitled to qualified immunity. CONCLUSION Defendants’ February 7 motions for summary judgment are denied. SO ORDERED. .

Pinter v. City of New York

976 F. Supp. 2d 539 · District Court, S.D. New York · Oct 10, 2013

immunity would effectively extend the defense of qualified immunity to municipalities, contravening the Supreme Court’s holding in Owen.” 54 Askins conflicts with Pinter II. … immunity. 88 There is a clearly *562 established constitutional right under the Fourth Amendment to be free from the use of force “if it is excessive under objective standards of reasonableness.” 89 A reasonable jury could

Rheingold v. Harrison Town Police Department

568 F. Supp. 2d 384 · District Court, S.D. New York · Jul 18, 2008

Qualified Immunity This Court, having concluded that probable cause existed for plaintiffs arrest, need not reach the issue of qualified immunity. … The defense of qualified immunity is established when (1) at the time defendants acted, it was unclear whether plaintiffs asserted interests were protected by federal law, or (2) defendants could have reasonably believed

Douglas v. City of New York

595 F. Supp. 2d 333 · District Court, S.D. New York · Feb 24, 2009

the false arrest claim on *341 the basis of qualified immunity. … Applicable Law 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

Alvarez v. County of Orange

95 F. Supp. 3d 385 · District Court, S.D. New York · Mar 25, 2015

Qualified Immunity “A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established statutory or constitutional rights of which … Because qualified immunity is “an affirmative defense [that] ... reflects an immunity from suit rather than a mere defense to liability!

A'Gard v. Perez

919 F. Supp. 2d 394 · District Court, S.D. New York · Jan 26, 2013

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 statutory or … Even where a plaintiffs rights are clearly established, qualified immunity protects a government official “if it was ‘objectively reasonable’ for him to believe that his actions were lawful at the time of the challenged act

National Foods, Inc. v. Rubin

727 F. Supp. 104 · District Court, S.D. New York · Dec 18, 1989

Civ.P. 56(b) for summary judgment on the ground that defendant is protected from litigation and liability by qualified immunity. … I do not reach defendant’s abstention, indispensable parties and qualified immunity arguments. SO ORDERED. 1 .

Anderson v. Branen

799 F. Supp. 1490 · District Court, S.D. New York · Jul 31, 1992

immunity bars that claim. … With respect to the defendants’ qualified immunity claim, such a defense may succeed only upon a showing that defendants’ conduct “does not violate clearly established statutory or constitutional rights of which a reasonable

Doe v. Hagenbeck

98 F. Supp. 3d 672 · District Court, S.D. New York · Apr 13, 2015

Defendants are not Entitled to Qualified Immunity Hagenbeck and Rapp are not entitled to qualified immunity. … A public official is entitled to qualified immunity if his actions do not violate clearly established rights of which a reasonable person, at the time, would have known, or if it was objectively reasonable for the public

Weg v. MacChiarola

729 F. Supp. 328 · District Court, S.D. New York · Jan 24, 1990

Fourth, defendants assert that even if the Court finds a deprivation of rights, they are immune from suit based on the doctrine of absolute or qualified immunity. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Salahuddin v. Harris

657 F. Supp. 369 · District Court, S.D. New York · Apr 3, 1987

Unless a constitutional right is “clearly established” a state official's qualified immunity shields him from liability for violating it. Harlow v. … Its violation can, therefore, be deemed a contravention of clearly established law, and, consequently, the defendants’ acts are not shielded by their qualified immunity.

Roe v. City of New York

232 F. Supp. 2d 240 · District Court, S.D. New York · Nov 21, 2002

Ryan, 8 N.E.2d at 316 . 17 The Motion for Qualified Immunity is Denied Detective Ho and Officer Hickey have cross-moved for partial summary judgment based on qualified immunity. … If so, it must be determined whether that right was clearly established. Id. at 202, 121 S.Ct. 2151 .

Alster v. Goord

745 F. Supp. 2d 317 · District Court, S.D. New York · Sep 10, 2010

Qualified Immunity 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 … that were clearly established at the time it was taken.”

Housing Works, Inc. v. Turner

179 F. Supp. 2d 177 · District Court, S.D. New York · Nov 29, 2001

QUALIFIED IMMUNITY, DIRECT PARTICIPATION AND THE APPLICABILITY OF THE STATUTE OF LIMITATIONS AS TO REITER .201 1. Qualified Immunity.201 2. Direct Participation.202 a. Giuliani.203 *182 b. Turner.203 c. Netburn.204 d. … To assess claims of qualified immunity pursuant to Harlow , the Second Circuit has established a three-step inquiry.

Close v. American Airlines, Inc.

587 F. Supp. 1062 · District Court, S.D. New York · Jul 27, 1984

Here the event clearly was an act performed outside the United States in connection with a commercial activity of the foreign state elsewhere. … All these results, foreseeable at the time of the negligent conduct in Jamaica should qualify as “direct” to allow jurisdiction.

WMW MacHinery, Inc. v. Werkzeugmaschinenhandel GmbH IM Aufbau

960 F. Supp. 734 · District Court, S.D. New York · Mar 27, 1997

The parties do not dispute, for the purposes of this motion, that the Treuhand qualifies as a “foreign state” as defined by the FSIA and is thus immune absent an applicable statutory exception. 6 Plaintiffs contend that subject … An act by an official may qualify as an act of state only upon a showing “that the official had the authority to act for and bind the state_ The burden of establishing the act and its character as an act of state is on the

Gilliam v. Quinlan

608 F. Supp. 823 · District Court, S.D. New York · Feb 25, 1985

McGill, the woman he allegedly threatened; and WHEREAS the Magistrate recommended, however, that these claims be dismissed on the ground of defendants’ qualified or good faith immunity; and WHEREAS the defense of qualified … Even though plaintiff’s constitutional challenge cannot be dismissed at this stage on the merits, it may be dismissed on grounds of qualified immunity if defendants can show that “their conduct does not violate clearly established

Van Dunk v. St. Lawrence

604 F. Supp. 2d 654 · District Court, S.D. New York · Mar 26, 2009

Additionally, the Defendants have asserted a defense of qualified immunity. … reasonable to believe that their acts did not violate these clearly established rights.”

Pollnow v. Glennon

594 F. Supp. 220 · District Court, S.D. New York · Aug 3, 1984

If the law at that time was not clearly established ... … Glennon and the Board were clearly acting within established law, see pp. 12-14 supra.

Jeanty v. County of Orange

379 F. Supp. 2d 533 · District Court, S.D. New York · Jul 27, 2005

Qualified Immunity As a general rule, law enforcement officers are entitled to qualified immunity if: (1) their conduct does not violate clearly established constitutional rights; or (2) it was objectively reasonable *542 … Accordingly, we conclude that there are material issues of fact that preclude summary judgment on the defense of qualified immunity. 2.