Case law

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

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.

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

Curry v. New York City Police Department

726 F. Supp. 2d 258 · District Court, S.D. New York · May 11, 2010

Defendant Evangelos Nikiforidis has not violated any clearly established constitutional or statutory right of which a reasonable person would have known and acted reasonably. Thus, he is protected by qualified immunity. … Defendant Cesar Gonzalez has not violated any clearly established constitutional or statutory right of which a reasonable person would have known and acted reasonably. Thus, he is protected by qualified immunity.

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.

Blanche v. Diners Club International, Inc.

130 F.R.D. 28 · District Court, S.D. New York · Mar 19, 1990

Notwithstanding the importance of the doctrine, work product immunity is a “qualified privilege” as opposed to the “absolute privilege” granted to attorney-client communications. Fed.R.Civ.P. 26(b)(3); United States v. … Thus, it is clear that Magistrate Bernikow’s finding of a waiver of work product immunity by plaintiff was not clearly erroneous. B.

Thomas v. New York City Board of Elections

898 F. Supp. 2d 594 · District Court, S.D. New York · Jun 4, 2012

Because, on the evidence submitted to this Court, plaintiffs cannot establish a likelihood of success on the merits, their motion is denied. I. … LEGAL STANDARD Plaintiffs seek to alter the status quo by qualifying Escoffery-Bey as a candidate for the election.

United States v. Greater New York Live Poultry Chamber of Commerce

34 F.2d 967 · District Court, S.D. New York · Sep 23, 1929

have it given him if the investigator proceeds to question him upon any subject pertaining to the inquiry, then the right of immunity has not been established in this ease. … Were it apparent to me that there might even be a question as to whether or not a defendant had actually claimed immunity in the case of being a witness, but where the evidence showed clearly that he had in response to interrogatories

Atlantic Recording Corp. v. Project Playlist, Inc.

603 F. Supp. 2d 690 · District Court, S.D. New York · Mar 25, 2009

If this is established, the district court generally should disturb the plaintiffs choice of forum only if, on balance, the following factors clearly favor transfer: (1) the convenience of witnesses; (2) the convenience of … After all, Playlist has established what appears to be an international business.

Fistel v. Beaver Trust Co.

94 F. Supp. 974 · District Court, S.D. New York · Dec 1, 1950

There are exceptions to this rule, but they are clearly distinguishable from the case here. … Defendants qualified in Pennsylvania; there are no assets of the estate here, nor have they qualified 'here by obtaining letters ancillary.

In Re Ski Train Fire in Kaprun, Austria on November 11, 2000

198 F. Supp. 2d 420 · District Court, S.D. New York · Mar 19, 2002

Where defendant cannot make out a prima facie case that it is a foreign state, the Act does not apply at all and plaintiffs may establish that jurisdiction is proper on some other ground. 4 III. DISCUSSION A. … The *427 Village of Kaprun, arguably a political subdivision of Austria, owns only a minority of GBK’s shares. 12 Because GBK does not otherwise qualify under the Act for protection as a foreign state, it is not immune.

Rabbitt v. Department of the Air Force

401 F. Supp. 1206 · District Court, S.D. New York · Oct 9, 1974

A qualified claim of executive privilege 1 is recognized for documents which are integral to an appropriate exercise of the executive’s decisional and policy-making functions, and once accepted, immunizes the documents from … They are therefore not immune from disclosure by exemption 6, which protects “personnel and medical files . the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552 (b)

Garrido v. Coughlin

716 F. Supp. 98 · District Court, S.D. New York · Jun 27, 1989

State officials are generally shielded from civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because defendants confined Garrido in SHU in 1986, two years before Matiyn was decided, they are entitled to the qualified immunity accorded the Matiyn defendants.

Leon v. Rockland Psychiatric Center

232 F. Supp. 3d 420 · District Court, S.D. New York · Feb 8, 2017

Eleventh Amendment bears the burden of demonstrating that it qualifies as an arm of the state entitled to share in its immunity”). … “To establish a prima facie case [under the ADEA], a plaintiff ... must show (1) that [he or] she was within the protected age group, (2) that [he or] she was qualified for the position, (3) that [he or] she experienced adverse

Malsh v. Garcia

971 F. Supp. 133 · District Court, S.D. New York · Jul 15, 1997

The defendants are also entitled to summary judgment on the plaintiffs First and Eighth Amendment claims based on the doctrine of qualified immunity. … As such, it was objectively reasonable for them to believe that their actions were *139 lawful, and they are entitled to qualified immunity. III.

Sacco v. Pataki

982 F. Supp. 231 · District Court, S.D. New York · Oct 10, 1997

Qualified immunity may be invoked by govern *244 ment officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Since the liberty interest claim is the only § 1983 claim to survive the motions to dismiss, the test for Pataki’s qualified immunity defense is whether the law regarding the liberty interest asserted in these cases was clearly

Westmoreland v. CBS INC.

596 F. Supp. 1170 · District Court, S.D. New York · Oct 9, 1984

Sullivan, 376 U.S. 254, 272 , 84 S.Ct. 710, 721 , 11 L.Ed.2d 686 (1964), that the press enjoys a qualified immunity for such commentary on public officials. … CBS urges the court to go further and, as to high ranking officials, make the immunity absolute. CBS concedes there is no precedent giving direct support to its contentions. No case establishes such an immunity.

O'SULLIVAN v. Saperston

587 F. Supp. 1041 · District Court, S.D. New York · Jul 19, 1984

. —, _, 104 S.Ct. 3012, 3020 , 82 L.Ed.2d 139 (1984) (policies supporting qualified immunity). The Court concurs. Thus, the claims asserted against Corporation Counsel are also dismissed. … Moreover, even if an assistant corporation counsel were afforded only qualified immunity or no immunity whatsoever, tax returns that are “in the hands of the taxpayer are held subject to discovery”. St.

Orange County Water District v. Unocal Corp.

293 F.R.D. 568 · District Court, S.D. New York · Jun 28, 2013

Consulting Expert Discovery In addition to codifying the work-product doctrine, the Federal Rules of Civil Procedure also establishes that, ordinarily, “the [] facts known or opinions held” by a consulting expert are not … The relevant question is not the “hat [that] [ ] Wheat-craft was wearing[] when he created the [Spreadsheet____” 59 Instead, the relevant question is whether Wheatcraft might have considered the Spreadsheet—which qualifies