Case law

Nieves v. New York City Police Department

716 F. Supp. 2d 299 · District Court, S.D. New York · May 18, 2010

Nieves’s False Arrest Claims In the January 26 Opinion, this Court dismissed Nieves’s false arrest claims against defendants Carrasquillo, Tass, MacKay, and Ragni on qualified immunity grounds because “it was objectively … officers would not have violated clearly established law in arresting Nieves outside the Apartment. 55 .

Collins v. Goord

438 F. Supp. 2d 399 · District Court, S.D. New York · Jul 11, 2006

Qualified Immunity Defendants argue that if plaintiff has stated a claim regarding any of his allegations, defendants are protected by qualified immunity. (See Def. Mem. 20-22). … Under the qualified immunity doctrine, government officials performing discretionary functions are shielded from liability if “their conduct does not violate clearly established statutory or constitutional rights of which

United States v. Biaggi

675 F. Supp. 790 · District Court, S.D. New York · Nov 24, 1987

The November 24 letter memorializes a waiver of immunity, as it clearly indicates, *804 pursuant to N.Y.Crim.Proc.L. § 190.45. It happens that this particular waiver of immunity is conditional. … Nor is the material relevant for the purpose of establishing the full extent of the conspiracy.

Moore v. Selsky

900 F. Supp. 670 · District Court, S.D. New York · Oct 13, 1995

immunity even if he did deprive plaintiff of his rights. … The doctrine of qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established constitutional rights of which a reasonable person would have known

Masters, Inc. v. Sunbeam Corp.

112 F. Supp. 268 · District Court, S.D. New York · Dec 29, 1952

Schwegmann case, supra, 341 U.S. at page 393 , 71 S.Ct. 745 , why the words “other conditions” were deleted does not appear, but it gives rise to doubts, especially when authorization for this condition of resale was so clearly … Accordingly, though this analysis first states that these two provisions differ from the Miller-Tydings Amendment, and later qualifies this by the phrase “not expressly covered by the Miller-Tydings Act”, I cannot, in view

Abreu v. Callahan

971 F. Supp. 799 · District Court, S.D. New York · Jul 24, 1997

While the United States enjoys sovereign immunity and therefore may be sued only to the extent that it so consents, 145 the 1976 amendment to Section 10(a) of the Administrative Procedure Act 146 waived sovereign immunity … Thus, whatever Verdugo-Urquidez may say about aliens' connections with this country and the rights arising therefrom, it clearly did not intend its discussion to affect the established federal alienage jurisprudence exemplified

Green v. Board of Elections of City of New York

259 F. Supp. 290 · District Court, S.D. New York · Oct 5, 1966

In the words of the Supreme Court, “its unsoundness so clearly results from the previous decisions of this Court as to foreclose the subject”. 304 U.S. at 255 , 58 S.Ct. at 867 . … Plaintiff asserts, inter alia, violation of his right to freedom of speech under the First and Fourteenth Amendments and abridgment of his right to due process of law, to privileges and immunities and to equal protection

Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills

815 F. Supp. 2d 679 · District Court, S.D. New York · Sep 26, 2011

The district court denied the defendants’ motion for summary judgment on qualified immunity grounds and, on appeal, the Second Circuit only addressed the qualified immunity argument. … to qualified immunity.

Knox v. Palestine Liberation Organization

229 F.R.D. 65 · District Court, S.D. New York · Jun 22, 2005

from suit under the doctrine of sovereign immunity, and that the political question doctrine did not render the controversy here nonjusticiable. … Third, Defendants appear to stand on principle and assert that the assertion of personal jurisdiction over them represents an improper infringement of the sovereignty of Palestine, which they claim qualifies for immunity

Johnson v. Soundview Apartments Housing Development Fund Co.

647 F. Supp. 1410 · District Court, S.D. New York · Nov 17, 1986

The doctrine of implied immunity under federal law immunizes conduct from the scrutiny of the antitrust laws only when Congress clearly intended that such conduct be exempted from the federal antitrust laws. … In this respect, this case is factually distinguishable from the cases relied upon by the defendants to establish immunity. Compare Gordon v.

Falchenberg v. New York State Department of Education

567 F. Supp. 2d 513 · District Court, S.D. New York · Jun 26, 2008

qualified to meet the program requirements; and (4) Defendants refused to make reasonable accommodations. … abrogation of that immunity by Congress.

Fincher v. County of Westchester

979 F. Supp. 989 · District Court, S.D. New York · Sep 26, 1997

As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established statutory or constitutional rights, or (2) it was objectively reasonable for them to believe, … Additionally, we note that we cannot say as a matter of law those defendants to whom we deny summary judgment are entitled to qualified immunity.

Primetime 24 Joint Venture v. National Broadcasting Co.

21 F. Supp. 2d 350 · District Court, S.D. New York · Sep 28, 1998

Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), the Supreme Court established the basic principle of antitrust immunity for petitioning conduct, holding that “[j]oint efforts to influence public officials … Good faith litigation clearly falls within the parameters of the Noerr doctrine. See Professional Real Estate Investors, Inc. v.

Katz v. Morgenthau

709 F. Supp. 1219 · District Court, S.D. New York · Mar 17, 1989

jury determination of misdemeanor coercion. 3 It is well established that government prosecutors enjoy absolute immunity in section 1983 actions relating to the pre-trial and trial stages of a criminal case. … When prosecutors act in an investigative or administrative capacity, they are entitled only to the qualified “good faith” immunity also accorded police officers. Taylor v. Kavanagh, supra, 640 F.2d at 452 .

Commercial Corp. Sovrybflot v. Corporacion De Fomento De La Produccion

980 F. Supp. 710 · District Court, S.D. New York · Oct 14, 1997

The Foreign Sovereign Immunities Act The Foreign Sovereign Immunities Act “establishes a comprehensive framework for determining whether a court in this country, state or federal, may exercise jurisdiction over a foreign … This case is distinguishable from the present matter because the parties’ intention to be amenable to suit in New York was clearly expressed.

Export-Import Bank of Republic of China v. Grenada

876 F. Supp. 2d 263 · District Court, S.D. New York · Jun 22, 2012

Finally, Ex-Im Bank argues that the Arbitration Funds have been clearly designated for commercial use by Grenada because Grenada intends to use them to pay its attorneys. Cf. EM Ltd. v. Republic of Arg. (EM Ltd. … Federal Republic of Nigeria, 647 F.2d 300 , 310 (2d Cir.1981), the court concluded that cement contracts and letters of credit qualified as commercial activity. .

Rana v. Islam

305 F.R.D. 53 · District Court, S.D. New York · Jan 6, 2015

Second, the alleged facts also clearly show that Islam was not acting as an agent of the state of Bangladesh when he contracted to employ Rana. … Indeed, insofar as these facts establish that defendants’ employment and supervision of Rana do not qualify as consular functions, they also demonstrate that Islam was not acting as Bangladesh’s agent when he contracted for

Camacho v. Brandon

69 F. Supp. 2d 546 · District Court, S.D. New York · Oct 15, 1999

That claim, as the Adler Court pointed out, is a unique cause of action that was not clearly established prior to the Court’s decision. … Of course, even if Adler required that the defendants in this action be given qualified immunity, this is true only for plaintiff's damage claim, and his request for reinstatement would still be viable.

United States Ex Rel. Laino v. Warden of Wallkill Prison

246 F. Supp. 72 · District Court, S.D. New York · Aug 25, 1965

The burden would be upon the Government to establish the negative fact that none of its evidence is the fruit of the protected tree of the witness’s immunized testimony.” But how is this done? … United States, 215 F.2d 253, 257 , 261 n. 10 (2d Cir. 1954) (dissenting opinion) “[i]f, at trial of his injunction suit, Lapides proved that the government got disclosures from him through an immunity-promise, he would establish

Gutierrez v. City of New York

756 F. Supp. 2d 491 · District Court, S.D. New York · Nov 29, 2010

Qualified immunity shields government actors performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986) (qualified immunity does not protect “those who knowingly violate the law”).