Case law

Clark v. United States

481 F. Supp. 1086 · District Court, S.D. New York · Jan 8, 1980

it follows necessarily that the highest official of the United States ordinarily enjoys a qualified immunity only. … However, Butz recognized an exception to its holding that executive officials were entitled to a qualified immunity, available in those situations in which an “absolute immunity is essential for the conduct of the public

Ali v. Szabo

81 F. Supp. 2d 447 · District Court, S.D. New York · Jan 13, 2000

The doctrine of qualified immunity protects government officials from liability for civil damages if the challenged action “does not violate clearly established statutory or constitutional rights of which a reasonable person … May 4, 1998) (“The defendants are not entitled to qualified immunity [at summary judgment stage]. The prohibition against the use of excessive or unauthorized force is a clearly established constitutional right....

Corwin v. NYC Bike Share, LLC

238 F. Supp. 3d 475 · District Court, S.D. New York · Mar 1, 2017

Qualified Immunity A. … governmental function for which it is entitled to qualified immunity as a matter of law.

Burton v. Lynch

664 F. Supp. 2d 349 · District Court, S.D. New York · Oct 13, 2009

Qualified Immunity Dr. … of a clearly established constitutional right.”

Locurto v. Giuliani

95 F. Supp. 2d 161 · District Court, S.D. New York · Apr 27, 2000

An individual defendant sued for damages under § 1983 may be entitled to qualified immunity if it was objectively reasonable for him to conclude that his actions did not violate a clearly established constitutional right. … Since it was clearly established at the time the events in the instant action took place that before taking an adverse employment action a government employer was required to provide an employee with a hearing that comported

Rucks v. City of New York

96 F. Supp. 3d 138 · District Court, S.D. New York · Mar 30, 2015

Defendants Are Not Entitled to Qualified Immunity on the False Arrest Claim Defendants next argue that the Defendant Officers are entitled to qualified immunity as to false arrest. (Def. Br. 12-16). … First, there is no objective knowledge establishing probable cause that can be imputed to Bruno.

United States v. Wey

252 F. Supp. 3d 237 · District Court, S.D. New York · May 1, 2017

motion to compel agency compliance with a subpoena qualified]” as such an ‘“action” ’ and therefore does “not violate sovereign immunity”) (quoting 5 U.S.C. § 702 ); Gen. … The deliberative process privilege is.,a qualified privilege, and, as such, “when the existence of the privilege is established, there is a need to balance the public interest in nondisclosure against the need of the particular

Howard v. Wilkerson

768 F. Supp. 1002 · District Court, S.D. New York · Jul 2, 1991

not violate any “clearly established” federal statutory or constitutional rights existing at the time. … Accordingly, defendants are not entitled to qualified immunity in relation to this claim.

Watts v. New York City Police Dep't

100 F. Supp. 3d 314 · District Court, S.D. New York · Feb 17, 2015

Qualified Immunity Defendants argue that Higa is entitled to qualified immunity from suit because “preexisting law [has] upheld the reasonableness of striking a plaintiff who was apparently resisting arrest.” Def. … Accordingly, Higa is not entitled to qualified immunity on Watts’s excessive force claim. 3.

Tomlins v. Village of Wappinger Falls Zoning Board of Appeals

812 F. Supp. 2d 357 · District Court, S.D. New York · Jul 8, 2011

In order to qualify, “[t]he proponent of a claim to absolute immunity bears the burden of establishing the justification for such immunity.” Antoine v. … This conduct clearly is protected by the First Amendment”). 21 .

New England Merchants National Bank v. Iran Power Generation & Transmission Co.

502 F. Supp. 120 · District Court, S.D. New York · Sep 26, 1980

In addition, the defendants are non-domiciliaries including many foreign corporations not qualified to do business in this state. … This requires a case by case analysis and clearly involves questions of fact and law peculiar to each individual case.

Niemann v. Whalen

911 F. Supp. 656 · District Court, S.D. New York · Jan 2, 1996

Qualified Immunity Defendant Whalen also seeks summary judgment on the ground of quali- *673 fled immunity. … Police officers, like other public officials, “are immune from § 1983 civil rights suits ... when their ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Jones v. Westchester County

182 F. Supp. 3d 134 · District Court, S.D. New York · Sep 30, 2016

Qualified Immunity Defendants argue that the individual Defendants are entitled to qualified immunity. (Defs.’ Mem. 20.) … Jan. 27, 2016) (“The claim may not be. dismissed on qualified immunity grounds because [the plaintiff] sufficiently alleged a claim of excessive force and the right to be free from excessive force is clearly established,”

Dusanenko v. Maloney

560 F. Supp. 822 · District Court, S.D. New York · Apr 5, 1983

Because the Court has recognized an absolute or qualified immunity for most government officials, a finding of immunity for the municipality itself might leave the injured party without a remedy, thereby thwarting the intent … While the defendant Town of'Clarkstown is not immune from suit, it is equally clear that based upon the uncontroverted facts of this case, plaintiffs have failed to establish a claim under 42 U.S.C. § 1983 against the Town

Albright v. City of Peekskill

District Court, S.D. New York · Jul 14, 2025

finds that the Police Officers are protected by qualified immunity. … Where probable cause is absent, “an arresting officer is still entitled to qualified immunity if he can establish that there was ‘arguable probable cause.’” Wheeler v.

Estate of Morris Ex Rel. Morris v. Dapolito

297 F. Supp. 2d 680 · District Court, S.D. New York · Jan 12, 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 … Accordingly, we deny police defendants’ motion to dismiss the third count of the Amended Complaint on qualified immunity grounds.

Scelsa v. City University of New York

806 F. Supp. 1126 · District Court, S.D. New York · Nov 18, 1992

Jurisdiction for 42 U.S.C. § 2000e-3(a) 7 , Title VII, is also established under *1137 § 1343(a)(3). The same analysis applies to 42 U.S.C. § 2000e-2(a). 8 C. Eleventh Amendment Immunity . … This contention is clearly wrong, as a long line of cases, from Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908) to the present clearly demonstrates.

Rodriguez v. City of New York

861 F. Supp. 1173 · District Court, S.D. New York · Aug 24, 1994

Qualified immunity shields state actors from actions for civil damages alleging violations of federal law, if their conduct “did not violate clearly established statutory or constitutional rights of which a reasonable person … the legal rules that were ‘clearly established’ at the time it was taken.”

Glendora v. Pinkerton Security & Detective Services

25 F. Supp. 2d 447 · District Court, S.D. New York · Nov 20, 1998

In addition, Nevins is entitled to qualified immunity and judgment as a matter of law. See Harlow, 457 U.S. at 818-19 , 102 S.Ct. 2727 . … Under the doctrine of qualified immunity, public officials are shielded from liability for civil damages if they establish that (1) their conduct did not violate clearly established rights of which a reasonable person would

McMillan v. Healey

739 F. Supp. 153 · District Court, S.D. New York · May 21, 1990

State officials are immune from *158 suits for damages 6 alleging constitutional violations if it was not clearly established at the time of their acts that the interest asserted by the plaintiff was a protected one, or if … it was objectively reasonable for the officials to believe that their acts did not violate clearly established statutory or constitutional rights.