Case law

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.

Bohmer v. New York

684 F. Supp. 2d 357 · District Court, S.D. New York · Feb 4, 2010

Courts have recognized two forms of immunity under § 1983: absolute and qualified. See Buckley v. Fitzsimmons, 509 U.S. 259, 268 , 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993). … “The presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties.” Burns v.

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.

Doe v. Karadzic

866 F. Supp. 734 · District Court, S.D. New York · Sep 7, 1994

(stating that as President of his nation, Karadzic may qualify as "an organ of a foreign state or political subdivision thereof" under the Foreign Sovereign Immunities Act ("FSIA”), 28 U.S.C. § 1603 (b)(2), and therefore … be immune from suit). 8 .

Zinck v. ITT Corp.

690 F. Supp. 1331 · District Court, S.D. New York · Jul 15, 1988

Although the Giffin Affidavit at paragraph 27 may point to knowledge on the part of ITT of these dangers, it also clearly establishes superior knowledge on the part of the Government, which nevertheless continued to use the … That section of the Giffin Affidavit clearly establishes that any hazards known to ITT were also known to the Government: I learned, in 1971, that the Government had some interest in developing a program for use of the NVGs

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

Tachiona v. Mugabe

169 F. Supp. 2d 259 · District Court, S.D. New York · Oct 30, 2001

The *303 inviolability of ambassadors is clearly established in the earliest European writings on diplomatic law and from the sixteenth century until the present one can find virtually no instances where a breach of a diplomat … The Court therefore does not address these issues, for the additional reason that in this area clearly established definitions or widely recognized principles have yet to emerge.

Compania Del Bajo Caroni (Caromin) v. Bolivarian Republic of Venezuela

556 F. Supp. 2d 272 · District Court, S.D. New York · Apr 30, 2008

The Existence of a Genuine Waiver of Sovereign Immunity There is no dispute that defendants qualify as “foreign states” within the meaning of the FSIA and thereby enjoy a presumption of immunity from suit in the United States … We raised this precise concern at the August 22, 2007 conference and plaintiffs clearly recognized the need to rebut Minister Ramirez's affidavit testimony chat he “did not sign the document.”

Davis v. Carey

63 F. Supp. 2d 361 · District Court, S.D. New York · Aug 27, 1999

Qualified Immunity The defendants also contend that the individual defendants, David Kelly, Robert Liffland and Cheryl Harrington, are immune from suit because of qualified immunity. … Qualified immunity entitles public officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person would have known, or unless it was

Devi v. Silva

861 F. Supp. 2d 135 · District Court, S.D. New York · Feb 8, 2012

At least where the basis for diplomatic immunity is clearly established, *141 there is no need for a formal suggestion of immunity by the United States. … Indeed, the court recognized that “resident” U.N. representatives are clearly accorded full diplomatic immunity pursuant to the U.N.

Bishop v. Commodity Exchange, Inc.

564 F. Supp. 1557 · District Court, S.D. New York · Jun 13, 1983

Immunity The Governors contend that they are entitled to absolute or qualified immunity for their actions in enacting emergency rules because the enactment of such rules is a “legislative” function. … The question of the availability of qualified immunity for the Governors is academic in the circumstances of this case.

Zveiter v. Brazilian National Superintendency of Merchant Marine

833 F. Supp. 1089 · District Court, S.D. New York · Oct 14, 1993

In Broadbent , the Court of Appeals for the D.C.Circuit considered the legislative history of the FSIA, and noted that the House Report “clearly marks employment of civil servants as noncommercial for purposes of restrictive … immunity,” but that it “establish[es] an exception from the general rule in the case of employment of American citizens or third country nationals by foreign states.” 628 F.2d at 34 , quoting H.R.Rep.

Laverne v. Corning

376 F. Supp. 836 · District Court, S.D. New York · May 21, 1974

Instead the court suggested that a limited immunity is available to such officers (42 U.S.L.W. at 4548 [ 94 S.Ct. at 1692 ]): “These considerations suggest that, in varying scope, a qualified immunity is available to officers … It is the existence of reasonable grounds for the belief formed at the time and in light of all the circumstances coupled with good faith belief, that affords basis for qualified immunity of executive officers for acts performed

In re the Naturalization of Lee Sui Lum

131 F. Supp. 569 · District Court, S.D. New York · Jun 2, 1955

The Immigration and Naturalization Service has recommended that this petition for naturalization be denied on the ground that petitioner cannot establish lawful admission to the United States for permanent residence, as made … Subsequent to 1943, therefore, Chinese already in the United States who had the necessary permanent residence to qualify could become citizens of the United States.

Katt v. City of New York

151 F. Supp. 2d 313 · District Court, S.D. New York · Jun 21, 2001

For despite the trend towards broader municipal liability for compensatory damages, the “overwhelming majority of jurisdictions” have “firmly established” that municipalities are still immune from punitive liability. … Leinen’s Qualifications Leinen’s credentials clearly qualify him as uniquely suited to testify as.an expert in the culture of police departments in general, and the NYPD in particular, given his distinctive combination of

Peck v. United States

470 F. Supp. 1003 · District Court, S.D. New York · Apr 25, 1979

Plaintiff contends that several documents obtained during discovery “clearly establish the individual defendants’ knowledge of the vigilante action.” … Krehbiel, 443 F.Supp. 202 (N.D.Cal.1977), and we will defer any decision on this until such time as we find that the individual defendants are entitled to a qualified immunity. 3 .

Annunziata v. City of New York

575 F. Supp. 2d 491 · District Court, S.D. New York · Sep 2, 2008

Based on the facts as presented at trial, there is no reason for the Court to reach the question of qualified immunity. … A jury could conclude only that Henn coerced Mitchell into giving false testimony, in which case Henn would not be entitled to qualified immunity, or that Mitchell testified as indicated without coercion.

Kirby v. Yonkers School District

767 F. Supp. 2d 452 · District Court, S.D. New York · Feb 11, 2011

Qualified Immunity “The qualified immunity doctrine shields governmental officials performing discretionary functions from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory … As the Court finds that Kirby has failed to establish a constitutional violation, the issue of Pierorazio’s qualified immunity defense is moot.

Catletti v. County of Orange

207 F. Supp. 2d 225 · District Court, S.D. New York · Jun 24, 2002

Defendants also contend that the individual Defendants are entitled to Qualified Immunity. … To the extent the individual defendants seek dismissal based on qualified immunity that branch of the motion is also denied.

Interstate Investors, Inc. v. Transcontinental Bus System, Inc.

310 F. Supp. 1053 · District Court, S.D. New York · Mar 26, 1970

The letter then ruled that the transaction qualified as a Section 368(b) tax-free reorganization. (Plaintiff’s Ex. 11.) … an exemption from one, so clearly and specifically declared by Congress * * In short, United States v.