Case law

Edwards v. The City of New York

District Court, S.D. New York · Jul 31, 2019

Legal Standard  Officers are entitled to qualified immunity “so long as their conduct does not violate  clearly established statutory or constitutional rights of which a  … But  since the qualified immunity inquiry asks whether the right asserted was clearly established at the time of  inmate’s spitting in the marshal’s face.  Jordan v. Sheehy, 559 F. App’x 77 (2d Cir. 2014).  

Weininger v. Castro

462 F. Supp. 2d 457 · District Court, S.D. New York · Nov 17, 2006

See 462 U.S. at 626-27 , 103 S.Ct. 2591 . 20 The rationale for this principle is that [t]he language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability … TRIA clearly provides that “in every case in which a person has obtained a judgment against a terrorist party on a claim ... for which a terrorist party is not immune under 28 U.S.C. § 1605 (a)(7), the blocked assets of that

Greenstein, Ex Rel. Horowitz v. Bane

833 F. Supp. 1054 · District Court, S.D. New York · Oct 5, 1993

Section 1983 establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. Wilder v. Virginia Hosp. … Restricting the amount of corrective payments *1070 clearly represents defendants’ official reimbursement policy and is codified in New York’s reimbursement regulation.

Langley v. Coughlin

715 F. Supp. 522 · District Court, S.D. New York · Jun 8, 1989

Romeo, 457 U.S. at 323 , 102 S.Ct. at 2462 (claims of budgetary constraints can establish qualified immunity defense). … As noted, I do not address any issues involving her asserted qualified immunity defense. 24 .

Cabiri v. Assasie-Gyimah

921 F. Supp. 1189 · District Court, S.D. New York · Apr 18, 1996

Clearly, the purpose of Cabiri’s document request and notice to take depositions in the State Action was to gather evidence to support his counterclaims. … It is well established that the FSIA provides immunity to individuals who are officials of a foreign government when they are sued in their official capacity. See Chuidian v.

Jacob Hoffmann Brewing Co. v. McElligott

259 F. 321 · District Court, S.D. New York · May 17, 1919

Ed. 763 , will hardly justify the contention that immunity is a personal matter which may he waived by the United States attorney. … , from the qualifying clause.

United States v. Kurzer

422 F. Supp. 487 · District Court, S.D. New York · Nov 11, 1976

Steinman clearly understood the seriousness of the tax fraud indictment of March, 1973. … derive directly or indirectly from his immunized testimony.

Steven Williams v. The City of New York, Jose Rodriguez, Neon Chowdhury, Alex Almontepichardo, Joseph Rinaldo, Daniel Liberatore, Jose Gomera, Michael Marrone, and Anthony Rivera

District Court, S.D. New York · Aug 4, 2026

Legal Standard Qualified immunity shields a government official from money damages when his conduct did “not violate clearly established statutory or constitutional rights … Andrzejewski, 112 F.4th 107, 116, 123–24 (2d Cir. 2024) (“[F]or a right to be clearly established for purposes of qualified immunity, it is sufficient if decisions of the Supreme Court or of the appropriate circuit have

Hanig v. Yorktown Central School District

384 F. Supp. 2d 710 · District Court, S.D. New York · Sep 2, 2005

For example, Lanza clearly indicates that education is a state function. … The Amended Complaint clearly states that plaintiffs employment with the School Dis *725 trict ended on June 30, 2003. (Id. ¶ 18.)

S & S MACHINERY CO. v. Masinexportimport

802 F. Supp. 1109 · District Court, S.D. New York · Oct 8, 1992

Moreover, the legislative history of. the FSIA states clearly that § 1610(a)(4)(B)’s specific exemption of consular missions “applies to all of the situations encompassed by sections 1610(a) and (b).” -1976 U.S. . … "The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.” 5 .

United States Football League v. National Football League

634 F. Supp. 1155 · District Court, S.D. New York · Apr 24, 1986

In this case, the NFL has clearly exceeded the twenty day limit set forth in the rule. … In the instant case, the USFL's access to other available sources of supply in the qualified game officials market has been established beyond genuine dispute by the NFL.

Whitley v. Ercole

725 F. Supp. 2d 398 · District Court, S.D. New York · Jul 22, 2010

And, clearly, a witness’s claim of a Fifth Amendment privilege not to testify qualifies as an unavailability. … Whitley fails to establish that the trial court’s decision on this issue “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by *417 the

New York Civil Liberties Union v. New York City Transit Authority

675 F. Supp. 2d 411 · District Court, S.D. New York · Dec 23, 2009

Administrative hearings in general, and TAB Hearings in particular, clearly lack such a historical pedigree. … TAB’s “respondent controls” access policy is clearly not a "time, place, or manner” restriction, and accordingly, strict scrutiny applies. 35 .

Covington v. City of New York

916 F. Supp. 282 · District Court, S.D. New York · Feb 9, 1996

While a prosecutor is entitled to absolute immunity for acts “within the scope, of his duties in initiating and pursuing a criminal prosecution,” he or she is entitled only to “qualified immunity” for engaging in “administrative … Third, as to Covington’s conspiracy claim, it is also well established that absolute prose-cutorial immunity extends to conspiracy allegations. 3 Dory v.

Frooks v. Town of Cortlandt

997 F. Supp. 438 · District Court, S.D. New York · Mar 11, 1998

Qualified Immunity Defense The Court need not reach the merits of defendants’ qualified immunity defense with respect to plaintiffs’ section 1983 claims, because they fail to state a claim under that provision. … Texas Bd. of Criminal Justice, 114 F.3d 539 , 556 & n. 30 (holding that defendant had qualified immunity under section 1985(3) claim where underlying claim failed as a matter of law). IV.

Thompson v. Li Ka-Shing

314 F. Supp. 2d 172 · District Court, S.D. New York · Mar 24, 2003

Plaintiffs argue that the complaint seeks not “to establish Clinton’s liability on the basis of such official actions [but on the basis of] purely private, unofficial acts of joining private actors in a conspiracy to commit … In the context of absolute (as opposed to qualified) immunity, the court held, “even conditional prosecutorial decisions” are protected from “ ‘any judicial scrutiny of the motive for and reasonableness of official action

Great Destinations, Inc. v. Transportes Aereos Portugueses S.A.R.L.

460 F. Supp. 1160 · District Court, S.D. New York · Nov 21, 1978

In 1975 the Supreme Court announced the showing that a party must make to establish standing. … If approved by the CAB, the agreements become immune from the antitrust laws.

Bank Brussels Lambert v. Credit Lyonnais (Suisse), S.A.

210 F.R.D. 506 · District Court, S.D. New York · Oct 23, 2002

Federal Rules of Civil Procedure 26(b)(3) provides for a qualified immunity from discovery for documents “prepared in anticipation of litigation or for trial.” … The heart of this matter is to establish the relationship between CLS and R & W. To that end, CLS’s arguments against compelling disclosure work to its disadvantage.

Hecht v. United States

609 F. Supp. 264 · District Court, S.D. New York · May 22, 1985

However, the Black court also noted that IRS agents enjoy only qualified immunity and may be liable in damages for their actions. See 534 F.2d at 527-28 . … However, the United States of America is absolutely immune, and the complaint is therefore dismissed as to the United States. See, e.g., Black, supra, 534 F.2d at 527 n. 4.

In Re September 11 Litigation

265 F. Supp. 2d 208 · District Court, S.D. New York · May 21, 2003

Unlike the Springer plaintiff, the plaintiffs here clearly were on notice that they had a basis for a civil action immediately after the attacks occurred. … Moreover, the plaintiffs’ inability to assist their counsel because of emotional distress also does not qualify as “good cause.” In Begin v.