Case law

Green v. Bauvi

824 F. Supp. 1134 · District Court, S.D. New York · Sep 2, 1992

Colwell would still be entitled to summary judgment on the grounds of qualified immunity. … Qualified immunity shields state officials who perform discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Federal Election Commission v. Automated Business Services

888 F. Supp. 539 · District Court, S.D. New York · May 31, 1995

Respondents have failed, however, to establish that they have any First Amendment associational rights that are implicated by the instant subpoenas. … As such, respondents have clearly failed to demonstrate that they are entitled to First Amendment protection.

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.

Yale & Towne Mfg. Co. v. Travis

262 F. 576 · District Court, S.D. New York · Aug 6, 1919

Ed. 394 , it was said that the purpose of the Fohrteenth Amendment “* * * was to declare to the several states that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or … Certainly, the force of this pronouncement was not qualified by the vigor of th*i dissents in these cases; and also in Barbier v. Connolly, 113 U. S. 27 , 5 Sup. Ct. 357, 28 L.

Murphy v. Korea Asset Management Corp.

421 F. Supp. 2d 627 · District Court, S.D. New York · Oct 19, 2005

The question, of course, is whether KAMCO is enough like an agency to qualify as an “organ” of the Korean government, as that term is used in the Foreign Sovereign Immunities Act. … Conclusion Eschewing a mechanical application of the Filler factors, and considering the extensive record in its entirety, the Court concludes that KAMCO has clearly established that it is an organ of the Korean government

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 .

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.

Rivera v. Goord

119 F. Supp. 2d 327 · District Court, S.D. New York · Sep 26, 2000

“[A] prison official ... may claim qualified immunity from suit ... for [his] discretionary acts that do ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ … Even where a prisoner’s rights are clearly established, “qualified immunity is still available to an official if it was ‘objectively reasonable for the public official to believe that his acts did not violate those rights

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

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.

In Re World Trade Center Disaster Site Litigation

456 F. Supp. 2d 520 · District Court, S.D. New York · Oct 17, 2006

The Immunity Provision of the SDEA...............................547 2. The Continued Vitality of the SDEA.................................548 3. Qualifying Laws under the SDEA...................................549 4. … Qualifying Laws under the SDEA The grant of immunity provided by the SDEA is limited to actions taken “in good faith carrying out, complying with, or attempting to comply with” “any law, any rule, regulation or order duly

Sarnicola v. County of Westchester

229 F. Supp. 2d 259 · District Court, S.D. New York · Oct 23, 2002

McGurn is not entitled to qualified immunity. As to the federal unreasonable search claim, Sgt. … McGurn contends that he is entitled to summary judgment on the ground of qualified immunity. 8 Government officials performing discretionary functions are entitled to qualified immunity from federal constitutional claims

Williams v. Trimble

527 F. Supp. 910 · District Court, S.D. New York · Dec 3, 1981

Miller also contends that he is cloaked by either an absolute immunity because he is an official performing adjudicatory functions, or by a qualified immunity given to State or Federal officials who are charged with violations … As to qualified immunity, the requirement of good faith is the touchstone of that immunity as recognized in Butz. Butz at 484 , 98 S.Ct. at 2899 . See, also, Wood v.

Austern v. Chicago Board Options Exchange, Inc.

716 F. Supp. 121 · District Court, S.D. New York · Jul 31, 1989

In order to develop and maintain a pool of qualified persons willing to act as arbitrators, it is important to protect arbitrators against personal liability. … Accurate functional analysis is an appropriate method of distinguishing between protected arbitral conduct and other acts which, like the porter's mopping of the hearing room floor, are clearly unrelated to the arbitration

Javid v. Scott

913 F. Supp. 223 · District Court, S.D. New York · Mar 4, 1996

Section 1983 Excessive Force Claim Against Scott As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively … ” and therefore shielded by qualified immunity.

Piesco v. City of New York, Dept. of Personnel

753 F. Supp. 468 · District Court, S.D. New York · Dec 18, 1990

Ortiz seeking dismissal on the grounds of qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official “if it was objectively reasonable for [the official] to believe that his acts did not violate those rights.”

Yucyco, Ltd. v. Republic of Slovenia

984 F. Supp. 209 · District Court, S.D. New York · Nov 18, 1997

Slovenia had to be classified as a “Yugoslav Obligor” for the Exchange to qualify as a “Qualified Weighted Average Exchange” (“QWAE”) as opposed to a “Qualified Pro Rata Exchange” (“QPRE”). … Indeed, the consents authorizing the transaction clearly state that Slovenia would act as ‘Yugoslav Obligor” “solely for purposes of characterizing the Exchange as a Qualified Weighted Average Exchange.”

Brawer v. Carter

937 F. Supp. 1071 · District Court, S.D. New York · Aug 29, 1996

“The doctrine of qualified immunity sHelds government employees acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their conduct violated clearly established rights of which an objectively … Even where the rights were clearly established, a police officer will be accorded qualified immunity if, based on the facts known to the officer, it was objectively reasonable for the officer to believe that Ms or her actions

Young v. United States Postal Service

698 F. Supp. 1139 · District Court, S.D. New York · Oct 21, 1988

The court disagrees, but even if plaintiff were correct, Lehman’s specificity, holding that any waiver of sovereign immunity regarding the right to a jury trial must be “clearly and unequivocally” expressed, takes precedence … "Since there is no generally applicable jury trial right that attaches when the United States consents to suit, the accepted principles of sovereign immunity require that a jury trial right be clearly provided in the legislation

Lee v. Bolger

454 F. Supp. 226 · District Court, S.D. New York · Jun 29, 1978

The initial burden to establish a prima facie case of discrimination under these circumstances is met when the complainant shows: (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job … the position in favor of less qualified persons.”