Case law

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.”

Allen v. Schiff

908 F. Supp. 2d 451 · District Court, S.D. New York · Dec 7, 2012

Qualified Immunity ofSchijf Although the Court has found a genuine issue of fact as to the reasonableness of the search, it must still determine whether Sheriff Schiff is entitled to qualified immunity. See Pearson v. … 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).

Wantanabe Realty Corp. v. City of New York

315 F. Supp. 2d 375 · District Court, S.D. New York · Jul 14, 2003

Then we consider if the violated right was clearly established at the time of the conduct. … Defendants may benefit from qualified immunity if plaintiff is unable to establish any of these three steps.” 155 The Court turns to a determination of whether Zeid and Hilton are entitled to qualified immunity on the surviving

McGuire v. Switzer

734 F. Supp. 99 · District Court, S.D. New York · Mar 27, 1990

As the Magistrate concluded, this strict standard for finding that a state has waived its Eleventh Amendment immunity has clearly not been satisfied in the case at bar. … Defendants Scott and Switzer then have until May 25, 1990 to submit their motion for summary judgement and accompanying papers based upon the defense of qualified immunity.

Jackler v. Byrne

708 F. Supp. 2d 319 · District Court, S.D. New York · Feb 11, 2010

Alternatively, they argue that they are entitled to qualified immunity. (Defs.’ Reply Br. 9.) A. Standard of Review The Court evaluates a motion under Rule 12(c) under the same standard as a motion under Rule 12(b)(6). … It concluded that the fact that the principal’s "alleged instructions may have been patently wrongful does not establish that the constitutional right asserted was clearly established.” Id.

Watson v. Sexton

755 F. Supp. 583 · District Court, S.D. New York · Jan 15, 1991

The individual defendants assert qualified immunity as a defense against plaintiffs Fourth Amendment claim. … To be “deliberately indifferent” to rights requires that those rights be clearly established.

Taylor v. Mayone

574 F. Supp. 609 · District Court, S.D. New York · Nov 10, 1983

The two other defendants, officers Donald Tinnie (“Tinnie”) and David Hyatt (“Hyatt”), argue that they are entitled to qualified immunity as a matter of law. … immunity as a matter of law; (3) plaintiff has failed to establish the existence or extent of an injury which is compensable under § 1983, and has failed to establish malice on the part of defendants; (4) declaratory relief

TC v. Valley Central School District

777 F. Supp. 2d 577 · District Court, S.D. New York · Mar 30, 2011

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 where “(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

Ratajack v. Brewster Fire Department, Inc.

178 F. Supp. 3d 118 · District Court, S.D. New York · Mar 31, 2016

Qualified Immunity for Jacobs, Goodwin, and Klosowski Defendants also argue that Jacobs, Goodwin, and Klosowski are immune from suit under the doctrine of qualified immunity. 24 Qualified immunity “gives government officials … A government official will be protected from liability for his discretionary actions by the doctrine of qualified immunity “if either (1) his conduct does not violate clearly established statutory or constitutional rights

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.”

Contes v. Porr

345 F. Supp. 2d 372 · District Court, S.D. New York · Nov 16, 2004

she might be entitled to qualified immunity.. … (b) Berson Is Entitled To Qualified Immunity Although Berson is not entitled to absolute immunity, she is entitled to qualified immunity, because no reasonable lawyer/sexual harassment compliance officer in her position would

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

Blue Ridge Investments, LLC v. Republic of Argentina

902 F. Supp. 2d 367 · District Court, S.D. New York · Sep 30, 2012

Int’l Nominees Establishment v. Republic of Guinea (“MINE”), 693 F.2d 1094 (D.C.Cir.1982) is misplaced. … Because of this qualifying language, it is clear that the remaining references in Article 25 to “the parties” refer to “the parties to the dispute.”

Nevin v. Citibank, N.A.

107 F. Supp. 2d 333 · District Court, S.D. New York · Jul 28, 2000

In addition, the Federal regulations at issue here clearly limit the immunity to communications made to law enforcement and regulatory agencies; nothing in the regulations can be read to extend such immunity to communications … While he is not absolutely immune from liability, Bottass does enjoy a qualified privilege.

Adelona v. Webster

654 F. Supp. 968 · District Court, S.D. New York · Feb 10, 1987

Qualified Immunity Government officials performing discretionary functions are immune from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In order to determine whether defendants in this case are entitled to qualified immunity, this Court must first determine whether the constitutional rights alleged to have been violated were well established at the time;

Rolon v. Henneman

389 F. Supp. 2d 517 · District Court, S.D. New York · Sep 28, 2005

It is well established that testifying witnesses, including police officers, are entitled to absolute immunity from liability under § 1983 based on their testimony. See Briscoe v. … The “[f]unctions most apt to be accorded absolute, rather than qualified, immunity are those integrally related to the judicial process,” as “various safeguards are in place to minimize the risks that attend the improper

Mandelbaum v. New York Mercantile Exchange

894 F. Supp. 676 · District Court, S.D. New York · Aug 1, 1995

Bettencourt, supra, 904 F.2d at 784-85 (extending “quasi-judicial immunity” to staff members of medical disciplinary board who functioned as legal or other advisors in “establishing the disciplinary policy involved.”). … We simply conclude that they clearly satisfy the concerns embodied by the third prong of the Butz test.

Elk v. Townson

839 F. Supp. 1047 · District Court, S.D. New York · Dec 15, 1993

Public officials are entitled to qualified immunity from liability for damages as long as their conduct does not violate clearly established statutory or constitutional rights. Harlow v. … Even evidence insufficient to sustain a finding of probable cause may be adequate to show qualified immunity. Warren v.

Gaston v. City of New York

851 F. Supp. 2d 780 · District Court, S.D. New York · Apr 2, 2012

GEORGE’S SUMMARY JUDGMENT MOTION ALSO IS GRANTED ON QUALIFIED IMMUNITY GROUNDS Det. … Qualified immunity “shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively reasonable official

Shepherd v. Powers

55 F. Supp. 3d 508 · District Court, S.D. New York · Sep 26, 2014

Qualified Immunity Powers and Enders each assert a defense of qualified immunity. “In resolving questions of qualified immunity at summary judgment, courts engage in a two-pronged inquiry.” Tolan v. … “The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” Id. at 1866 (internal citations and quotation marks omitted).