Case law

DeVittorio v. Hall

589 F. Supp. 2d 247 · District Court, S.D. New York · Nov 7, 2008

The defense of qualified immunity is established when (I) at the time defendants acted, it was unclear whether plaintiffs asserted interests *258 were protected by federal law, or (2) defendants could have reasonably believed … The court found that this “highly variable, fact-specific standard has produced varied results and cannot be said to delineate a clearly established right for qualified immunity purposes.” Id.

KAO HWA SHIPPING CO., SA v. China Steel Corp.

816 F. Supp. 910 · District Court, S.D. New York · Mar 23, 1993

Thus, the threshold question is whether CSC qualifies as an “agency or instrumentality of a foreign *914 state,” namely the ROC, 5 entitled to immunity under the Act. … The documents referred to, however, do not establish that CSC is not owned by the ROC Government. See Exhibits to Shih Aff. Rather, the Affidavit indicates that Mr.

Kuriakose v. City of Mount Vernon

41 F. Supp. 2d 460 · District Court, S.D. New York · Mar 5, 1999

Defendants also move for qualified immunity for the police officers. … In our circuit, “[a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not

Beach v. New York State Police Wurtsboro

District Court, S.D. New York · Sep 24, 2019

“The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was ‘clearly established;’ and (3) even if the right was ‘clearly … was not clearly established in February 2018 that such a search violates the Fourth Amendment, defendants are entitled to qualified immunity.

Miloslavsky v. AES Engineering Society, Inc.

808 F. Supp. 351 · District Court, S.D. New York · Dec 10, 1992

Moreover, Edmond would also be protected by qualified immunity, an affirmative defense that shields government officials performing discretionary functions from liability for damages insofar as their conduct does not violate … From this prop *356 osition it follows that, in addition to the “probable cause” and “qualified immunity” reasons stated above, the Miloslavskys’ § 1983 false arrest claim fails along with and for the same reasons as does

Gotham Asset Locators Inc. v. State of Israel

27 F. Supp. 3d 409 · District Court, S.D. New York · Jun 17, 2014

In Mission of India, there was “no question that ... the property interest involved [was] actually in dispute,” so the Court’s analysis ultimately turned on “what sorts of property interests would qualify” for the immovable-property … That section provides that “[a] foreign state shall not be immune from the jurisdiction of courts of the United States” where “the foreign state has waived its immunity ... by implication.”

Young v. Harris

509 F. Supp. 1111 · District Court, S.D. New York · Mar 13, 1981

Thus, summary judgment on this theory is clearly inappropriate here. … First, there will be no immunity “if the constitutional right allegedly infringed by [defendants] was clearly established at the time of their challenged conduct, if they knew or should have known of that right, and if they

Atlantica Holdings, Inc. v. Sovereign Wealth Fund Samruk-Kazyna JSC

2 F. Supp. 3d 550 · District Court, S.D. New York · Mar 10, 2014

Once a defendant has established a prima facie case that it is a sovereign, the burden of production shifts to the plaintiff, who must provide “evidence showing that, under exceptions set forth in the FSIA, immunity should … Sovereign Immunity It is well established that “[t]he FSIA is the sole source for subject matter jurisdiction over any action against a foreign state.” Kensington Int’l Ltd. v.

Scozzafava v. United States

199 F. Supp. 43 · District Court, S.D. New York · May 18, 1961

The title of the owner of fast land, on the shore of a navigable waterway, to the bed of the river is at best a qualified one. … The authority for the establishment of the national defense reserve fleet, of which the vessels in question are a part- is to be found in The Merchant Ship Sales Act of 1946, 50 U.S.C.A. Appendix, §§ 1735-1746.

Glucksman v. Birns

398 F. Supp. 1343 · District Court, S.D. New York · Aug 5, 1975

It is clearly within the state’s power to impose conditions on a stay of execution of judgment. Cf., Handley v. Page, supra. … Dembitz, 489 F.2d 488 (2d Cir. 1973) (Judges immune from suit for damages under § 1983); Dacey v.

Swarna v. Al-Awadi

607 F. Supp. 2d 509 · District Court, S.D. New York · Mar 20, 2009

The next sentence qualifies the prior one: “However, with respect to acts performed by such a person in the exercise of his functions as a member of *522 the mission, immunity shall continue to subsist.” Id. … This qualifier makes clear that diplomatic agents were only intended to receive residual immunity with respect to official acts, and that not all acts of a diplomatic agent were understood to be official.

Lipkin v. United States Securities & Exchange Commission

468 F. Supp. 2d 614 · District Court, S.D. New York · Dec 22, 2006

Nonetheless, its allegations must be “sufficient to establish liability.” Amron v. Morgan Stanley Inv. Advisors, Inc., 464 F.3d 338, 344 (2d Cir.2006). … In addition, because defendants are entitled at a minimum to qualified immunity from suit, plaintiffs could only recover if the rights at issue were “clearly established” at the time of the .alleged constitutional violations

Muhammad v. City of New York Dept. of Corrections

904 F. Supp. 161 · District Court, S.D. New York · Oct 17, 1995

clearly established at the time an action occurred. … Therefore, the law cannot be said to have been clearly established at the time of the incidents underlying this action, and thus the former commissioners would be protected under the doctrine of qualified immunity.

Chimarev v. TD Waterhouse Investor Services, Inc.

233 F. Supp. 2d 615 · District Court, S.D. New York · Dec 4, 2002

A proposed claim is futile only if it is clearly frivolous or legally insufficient on its face. Saxholm AS v. Dynal Inc., 938 F.Supp. 120, 124 (E.D.N.Y.1996). … , but not absolute immunity.)

United States v. Khobragade

15 F. Supp. 3d 383 · District Court, S.D. New York · Mar 12, 2014

Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure. 15 In proceedings where a person’s diplomatic status is contested … if the acts charged in the Indictment were not “performed in the exercise of official functions,” then there is currently no bar to a new indictment against Kho-bragade. 31 Khobragade concedes that “[t]he prosecution is clearly

Mosby v. City Of New York

District Court, S.D. New York · Sep 7, 2022

Qualified immunity “An officer is entitled to qualified immunity against a suit for false arrest if he can establish that he had arguable probable cause to arrest the plaintiff … Aliberti is entitled to qualified immunity.

Kline v. Kaneko

685 F. Supp. 386 · District Court, S.D. New York · May 3, 1988

Once defendants have produced prima facie evidence that they are entitled to immunity, the burden of going forward shifts to plaintiffs to produce evidence establishing that immunity does not apply. … The statutory requirements of section 1605(a)(3) clearly have not been met in the instant case. iii.

VESTERHALT v. City of New York

667 F. Supp. 2d 292 · District Court, S.D. New York · Oct 26, 2009

In addition, defendants argue that they are entitled to qualified immunity because it was objectively reasonable for them to believe that they were not violating plaintiffs Fourth Amendment rights. … It is also clearly established that a valid search warrant for contraband implicitly carries with it the authority to detain all occupants of the premises while the search is conducted. See Mich. v.

Stevens v. Goord

535 F. Supp. 2d 373 · District Court, S.D. New York · Jan 22, 2008

immunity. … Qualified immunity shields government employees performing discretionary functions from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights *390 of which [a] reasonable

D'OLIMPIO v. Crisafi

718 F. Supp. 2d 357 · District Court, S.D. New York · Sep 13, 2010

Relatedly, the defendants contend that the existence of arguable probable cause entitles them to qualified immunity with respect their arrest and prosecution of D’Olimpio. … Furthermore, “in the context of a qualified immunity defense to an allegation of false arrest, the defending officer need only show ‘arguable’ probable cause.”