Case law

Thai Lao Lignite (Thailand) Co. v. Government of the Lao People's Democratic Republic

924 F. Supp. 2d 508 · District Court, S.D. New York · Feb 11, 2013

invariably intertwined” where the court’s jurisdiction over a sovereign is not yet established. … In sum, the Lao Bank has not shown that Judge Freeman’s rulings were contrary to law, nor that they were clearly erroneous.

Bishop v. Commodity Exchange, Inc.

581 F. Supp. 1278 · District Court, S.D. New York · Mar 28, 1984

The amended complaint, on the other hand, clearly alleges that the Governors’ advancement of their own interests was the dominant, not merely the incidental, motivation for their actions. … Defendants also reassert the argument that the complaint should be dismissed because the Governors are entitled to qualified immunity for their actions in establishing emergency rules.

Hoisington Ex Rel. Hoisington v. County of Sullivan

55 F. Supp. 2d 212 · District Court, S.D. New York · Jun 23, 1999

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (holding that government officials may be subject to civil liability if their conduct violates clearly established statutory or constitutional rights … Lewis, 87 F.3d 900, 902-03 (7th Cir.1996) (holding that city building inspectors were entitled to qualified immunity because the inspectors had a reasonable basis for believing that a building search was consented to and

Williams v. Savory

87 F. Supp. 3d 437 · District Court, S.D. New York · Jan 7, 2015

“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 … issue was clearly established at the time of the alleged conduct.

Bowman v. City of Middletown

91 F. Supp. 2d 644 · District Court, S.D. New York · Apr 4, 2000

At the trial, his objective was the conviction of Grayson; at his deposition, it was to establish qualified immunity for himself. … qualified immunity must also be submitted to the jury.

Wultz v. Bank of China Ltd.

61 F. Supp. 3d 272 · District Court, S.D. New York · Apr 9, 2013

of such a motion did not violate sovereign immunity. 6 Because the federal government’s waiver of sovereign immunity occurred through the enactment of the APA, “a party seeking judicial review of an agency’s noncompliance … The parties’ submissions do not clearly distinguish between the governing law in the Second Circuit and elsewhere.

Woodward v. Morgenthau

740 F. Supp. 2d 433 · District Court, S.D. New York · Aug 9, 2010

Qualified Immunity The Court further notes that even if Woodward had plausibly alleged personal involvement, his claims against the Defendants would fail under the doctrine of qualified immunity. … The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages under federal claims insofar as their conduct does not violate clearly established statutory

Gonzalez v. City of New York

104 F. Supp. 2d 193 · District Court, S.D. New York · May 31, 2000

reasonable to believe that the conduct did not violate clearly established rights. … Municipal officials are immune from liability for damages if, at the time of the act, it was not clear that the actions they took violated clearly established constitutional rights. See McEvoy v.

Yessenin-Volpin v. Novosti Press Agency

443 F. Supp. 849 · District Court, S.D. New York · Jan 23, 1978

The plaintiff agrees on two of the three criteria: Novosti is “a separate legal person” within the meaning of section 1603(b)(1), since its “Statute” or charter clearly establishes its existence as a separate “juridical person … For example, a foreign government, otherwise clearly entitled to immunity, would lose that immunity with respect to its sale of a product to an American citizen. See id.

Eshun v. New York State Department of Social Services

652 F. Supp. 455 · District Court, S.D. New York · Jan 22, 1987

McDonnell Douglas requires that the plaintiff carry the initial burden of establishing a prima facie case of racial discrimination by showing (1) that he belongs to a racial minority; (2) that he applied and was qualified … Eshun has failed to establish a prima facie case of employment discrimination based on his race and national origin.

Williams v. Codd

459 F. Supp. 804 · District Court, S.D. New York · Oct 24, 1978

Most recent decisions have granted limited rather than absolute immunity to government officials who do not qualify for the traditional judicial or prosecutorial immunities. In Scheuer v. … As such, defendants are entitled to at most a qualified immunity.

Mescall v. Marra

49 F. Supp. 2d 365 · District Court, S.D. New York · Jun 11, 1999

Marra’s Affirmative Defense of Qualified Immunity Marra claims that he is entitled to qualified immunity and, therefore, plaintiffs § 1983 claim against him in his individual capacity must be dismissed. … Government officials are generally immune from liability for civil damages in connection with the performance of their discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional

Rodriguez ex rel. Kelly v. McLoughlin ex rel. Cardinal Children'sn & Family Services

49 F. Supp. 2d 186 · District Court, S.D. New York · Jan 8, 1999

Qualified Immunity Individual defendants Marjorie McLoughlin and Barbara McMurray argue that they are immune from liability under the doctrine of qualified immunity. … The doctrine of qualified immunity “shields public officials from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, .

Schiavone Construction Co. v. Merola

678 F. Supp. 64 · District Court, S.D. New York · Jan 29, 1988

We agree with Plaintiff that the qualified immunity of the Defendant here does not provide a basis for dismissal of the complaint. … “If the immunity [to suit under *66 § 1983] is qualified, not absolute, the scope of that immunity will necessarily be related to facts not yet established either by affidavits, admissions, or a trial record.”

Pudlin v. Office for (Not of) Civil Rights of the United States Department of Education

186 F. Supp. 3d 288 · District Court, S.D. New York · May 9, 2016

Because “sovereign immunity is jurisdictional in nature ... the plaintiff bears the burden of establishing that her claims fall within an applicable waiver.” Makarova, 201 F.3d at 113 . C. … Accordingly, Plaintiffs claims do not establish a cause of action against the OCR under Section 504.

Daniels v. Loizzo

178 F.R.D. 46 · District Court, S.D. New York · Mar 13, 1998

The Individual Defendants may present the defense of qualified immunity at trial. See Anderson v. Creighton, 483 U.S. 635, 638 , 107 S.Ct. 3034, 3038 , 97 L.Ed.2d 523 (1987). … This is because the qualified immunity defense is not available to the municipality.

Oliva v. Heller

670 F. Supp. 523 · District Court, S.D. New York · Aug 18, 1987

The functions performed by judges have long been encompassed by absolute immunity. 5 As early as 1872, the Supreme Court established that judges are absolutely immune from monetary liability “for their judicial acts, even … They receive qualified immunity when they perform ministerial functions.

Elliott v. British Tourist Authority

986 F. Supp. 189 · District Court, S.D. New York · Nov 17, 1997

Spain, 835 F.2d 160 (7th Cir.1987). *194 The court first examined the nature of plaintiffs duties and concluded that they did not involve the creation of government policy or its administration and that plaintiff did not qualify … There is clearly a significant nexus between the commercial activity of employment and plaintiffs claim of age discrimination.

Czetwertynski v. United States

514 F. Supp. 2d 592 · District Court, S.D. New York · Sep 26, 2007

So, assuming arguendo that Plaintiffs mildly threatening August 1997 letter (Drori Ex. 3) qualifies as a notice of claim under the FTCA, it was untimely. … The text of the statute does not include a waiver of sovereign immunity, and it is well settled that “Any party asserting jurisdiction under the Alien Tort Statute must establish, independent of that statute, that the United

Gay v. Affourtit

76 F. Supp. 2d 517 · District Court, S.D. New York · Dec 10, 1999

Defendants’ claim of qualified immunity cannot be resolved at summary judgment because issues of material fact exist. … Thus the court is not presently in a position to authoritatively assert that a reasonable fact-finder would either accept or reject the qualified immunity defense.