Case law

Segal v. Crotty

352 F. Supp. 2d 424 · District Court, S.D. New York · Jan 11, 2005

In the alternative, he seeks summary judgment on the ground of qualified immunity. … In the Alternative, Bello is Entitled to Qualified Immunity Even if it were ultimately determined that probable cause was lacking, an arresting officer is entitled to immunity from suit if he can establish that there was

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.”

Maritime Ventures International, Inc. v. Caribbean Trading & Fidelity, Ltd.

722 F. Supp. 1032 · District Court, S.D. New York · Sep 29, 1989

Montgomery's testimony is clearly inadequate to create an issue of fact regarding Simmonds’ alleged personal involvement in the transaction. … As inadmissible hearsay under Rule 802, Fed.R.Evid. it contravenes the evidentiary requirements for summary judgment motions established by Rule 56(e), Fed.R.

Wu v. City of New York

934 F. Supp. 581 · District Court, S.D. New York · Jul 22, 1996

The qualified immunity doctrine shields government officials performing discretionary functions from personal liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of … Accordingly, Officers Ziegler, Monahan, and Santoro are shielded from liability in their personal capacity by the doctrine of qualified immunity. B.

Makinen v. City of New York

53 F. Supp. 3d 676 · District Court, S.D. New York · Sep 30, 2014

Even assuming arguendo that Plaintiffs are able to establish that they were in fact qualified through Dr. Frances’s testimony, Defendants could still prevail on this motion if Dr. … Aug. 25, 1997) (noting that “statements made in the employment context concerning the qualifications and actions of employees” clearly “f[e]ll within the qualified privilege”).

Terranova Ex Rel. Estate of Terranova v. Torres

603 F. Supp. 2d 630 · District Court, S.D. New York · Mar 12, 2009

immunity if their “mistake as to what the law requires is reasonable.” … “[T]he resolution of genuine factual issues is inappropriate on motions for summary judgment based on qualified immunity.” McClellan v. Smith, 439 F.3d 137, 149 (2d Cir.2006).

Mitzner v. Sobol

136 F.R.D. 359 · District Court, S.D. New York · Apr 8, 1991

The waiver doctrine still applies however because defendants raise the affirmative defense of qualified immunity, thus placing this relevant information at issue. … The affirmative defense of qualified immunity places not only the investigation itself at issue but the advice given to the supervisory persons named as defendants.

Zani v. Rite Aid Headquarters Corp.

246 F. Supp. 3d 835 · District Court, S.D. New York · Mar 30, 2017

Because our immune systems may need more help as we get older, the Fluzone High Dose vaccine available at Rite Aid may deliver a stronger immune response. Come in today and shield yourself. … qualify.

Martin Hodas, East Coast Cinematics, Inc. v. Lindsay

431 F. Supp. 637 · District Court, S.D. New York · Apr 20, 1977

“If a prosecutor had only a qualified immunity, the threat of § 1983 suits would undermine performance of his duties no less than would the threat of common-law suits for malicious prosecution. … In Imbler , the Supreme Court clearly indicated that its finding of absolute prosecutorial immunity was made solely in the context of the prosecution of the criminal law. See 424 U.S. at 430 , 96 S.Ct. 984 .

Pons v. THE PEOPLE'S REPUBLIC OF CHINA

666 F. Supp. 2d 406 · District Court, S.D. New York · Oct 27, 2009

Foreign Sovereign Immunity Historically, foreign governments were protected from the jurisdiction of U.S. courts by the common law doctrine of absolute sovereign immunity. … As is described in Morris and is undisputed by the parties, the first two elements are established. Thus the only question is whether there was a “direct effect in the United States.”

Feng Suo Zhou v. Li Peng

286 F. Supp. 2d 255 · District Court, S.D. New York · Sep 30, 2003

Walker, 198 F.3d 372, 374 (2d Cir.1999) (“It is well established that in any suit in which the United States is a defendant, a waiver of sovereign immunity with respect to the claim asserted is a prerequisite to subject matter … Further, the litigation spawned after issuance of the Part I Order does not qualify *267 as a sufficient “action” under the APA to waive the Government’s sovereign immunity.

Economou v. Butz

466 F. Supp. 1351 · District Court, S.D. New York · Mar 13, 1979

Immunity from Common Law Torts As was stated above, if defendants establish that their acts were within the outer perimeter of their lines of duty and discretionary, the privilege of absolute immunity is applicable to the … common law claims whether or not plaintiffs’ claims of malice are true. 31 Clearly, the acts of all defendants were well within the outer perimeter of their respective lines of duty.

Colon-Berezin v. Giuliani

88 F. Supp. 2d 272 · District Court, S.D. New York · Mar 17, 2000

immunity. … The Clerk of Court is directed to enter judgment in favor of Officer Pappas on the basis of qualified immunity. 6 It is SO ORDERED 1 .

Russo v. DiMilia

894 F. Supp. 2d 391 · District Court, S.D. New York · Sep 18, 2012

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Roach, 165 F.3d 137, 142 (2d Cir.1999) (“[Qualified immunity shields police officers acting in their official capacity from suits for damages ... unless their actions violate clearly-established rights of which an objectively

Capitol Records, Inc. v. Mp3tunes, LLC

821 F. Supp. 2d 627 · District Court, S.D. New York · Oct 25, 2011

However, neither Goldstein nor Naxos suggest that section 301(c) limits Congress’s ability to grant immunity to qualified internet service providers for the infringement of copyrights in works fixed before 1972. … MP3tunes’ Terms of Use clearly authorize it to block a user’s access to material in lockers. And the DMCA provides MP3tunes with immunity and a procedure for dealing with claims from its users. 17 U.S.C. § 512 (g).

Doe v. United States Civil Service Commission

483 F. Supp. 539 · District Court, S.D. New York · Jan 16, 1980

Driver, 411 F.2d 436, 445 (2d Cir. 1969) (sovereign immunity does not preclude district court’s jurisdiction to grant declaratory and injunctive relief under the APA if plaintiff establishes that he is statutorily entitled … Nor does this Court express any opinion as to whether the defendants here are protected from liability by an absolute or qualified official immunity. *575 This question, which requires applying the immunity standards recently

Vulcan Iron Works, Inc. v. Polish American MacHinery Corp.

479 F. Supp. 1060 · District Court, S.D. New York · Nov 14, 1979

Compliance with that accepted procedure clearly constitutes adequate notification. To what extent can less formal procedures be relied on to establish notification? … (The immunity of members of missions of sending states that have ratified the Vienna Convention is established, of course, under the Convention itself.)

Dingle v. City of New York

728 F. Supp. 2d 332 · District Court, S.D. New York · Jul 28, 2010

Qualified Immunity Government officials performing discretionary functions are generally granted qualified immunity and are immune from suit provided that “ ‘their conduct does not violate clearly established statutory or … Gadson Is Not Protected by Qualified Immunity Defendants do not assert that Gadson is entitled to qualified immunity with regard to the First Amendment retaliation claim.

Anderson v. City of New York

611 F. Supp. 481 · District Court, S.D. New York · May 21, 1985

QUALIFIED IMMUNITY OF INDIVIDUAL DEFENDANTS The individual defendants, Michael Cassidy and Carl Daniels, raise the defense of qualified immunity or good faith. … Absent violation of clearly established constitutional rights, defendants’ violation of the statute is not a waiver of qualified immunity. Davis v. Scherer, — U.S. -, 104 S.Ct. 3012 , 82 S.Ct. 139 (1984).