Case law

Fox v. Doran

974 F. Supp. 276 · District Court, S.D. New York · Aug 4, 1997

Qualified Immunity In general, public officials are entitled to qualified immunity if their conduct does not violate constitutional rights that were clearly established at the time the alleged violation occurred. … Even when a plaintiff’s federal rights are so clearly defined that a reasonable public official would know that his actions might violate those rights, qualified immunity might still be available as a bar to a plaintiff’s

Russell v. Coughlin

774 F. Supp. 189 · District Court, S.D. New York · Sep 25, 1991

immunity applies because rule not clearly established in this circuit or by decisions of Supreme Court). … Given that the right to an independent assessment of the credibility of confidential informants was clearly established at the time of Hearing I, Captain Wright is not entitled to qualified immunity from liability for his

Gittens v. Sullivan

720 F. Supp. 40 · District Court, S.D. New York · Sep 19, 1989

Qualified immunity protects government officials from liability as long as their actions are discretionary in nature and do not violate clearly established statutory or constitutional rights of which a reasonable person should … The explicit requirements of Wolff are clearly established constitutional rights.

Hirschfeld v. Spanakos

909 F. Supp. 174 · District Court, S.D. New York · Dec 15, 1995

And while a reasonable defendant would have understood from existing law that the alleged acts were tortious under State law, the right that must be clearly established to defeat qualified immunity in a Section 1983 case … capacity suits than the federal doctrine of qualified immunity.

Seitz v. DeQuarto

777 F. Supp. 2d 492 · District Court, S.D. New York · Jan 6, 2011

Qualified Immunity The Supreme Court has established that the state’s sovereign immunity under the Eleventh Amendment extends to individuals acting in their roles as agents of the government. … Individual state employees may claim qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Hernandez v. Goord

312 F. Supp. 2d 537 · District Court, S.D. New York · Mar 31, 2004

Defendants are Not Entitled to Qualified Immunity Defendants also urge that they are immune from suit pursuant to the doctrine of qualified immunity. … “A government actor performing a discretionary task is entitled to qualified immunity from § 1983 suits if either: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for

Strauch v. Demskie

892 F. Supp. 503 · District Court, S.D. New York · Jun 28, 1995

Qualified Immunity 1. … Qualified immunity is necessary to enable government officials to act without fear of later being held personally liable for violating a right that was not clearly established.

Lumpkin v. Brehm

230 F. Supp. 3d 178 · District Court, S.D. New York · Jan 27, 2017

And “[a]n officer is entitled to qualified immunity ... if he can establish that he had ‘arguable probable cause’ to arrest the plaintiff,” which requires the officer to demonstrate “either (a) it was objectively reasonable … And because Defendants have raised qualified immunity in a Rule 12(b)(6) motion, they must demonstrate that facts establishing arguable probable cause are “clear from the face of the [SAC].” Rahman v.

Kelleher v. New York State Trooper Fearon

90 F. Supp. 2d 354 · District Court, S.D. New York · Mar 23, 2000

Where the plaintiff alleges the violation of a clearly established right — as was the case here — qualified immunity protects a police officer from civil liability lor violating a plaintiffs constitutional rights only if … Trooper Fearon would have been entitled to qualified immunity if, at the time of the challenged action, it was objectively reasonable for him to believe that his behavior did not violate the plaintiffs clearly established

Evans v. Headley

566 F. Supp. 1133 · District Court, S.D. New York · Jun 22, 1983

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727, 2737-40 , 73 L.Ed.2d 396 (1982) (eliminating subjective part of test for qualified immunity in Bivens actions, Bivens v. … Under these circumstances, it would be difficult to find the defendants had “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Mediavilla v. City of New York

259 F. Supp. 3d 82 · District Court, S.D. New York · Sep 29, 2016

Qualified Immunity The. doctrine of qualified immunity “gives government officials breathing room to make reasonable but mistaken judgments” by immunizing them from suit for damages unless their conduct violated clearly established … Even if the right was clearly established at the time of the alleged violation, however, a defendant will still be entitled to qualified immunity if the defendant’s conduct was objectively reasonable in light of clearly established

Cojocaru v. City University of New York

District Court, S.D. New York · Apr 29, 2021

Further, the Individual CUNY Defendants intend to argue that they are entitled to qualified immunity and “[u]ntil the threshold issue of qualified immunity has been decided, “discovery should not be allowed.” … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Yorzinski v. City of New York

175 F. Supp. 3d 69 · District Court, S.D. New York · Mar 31, 2016

Qualified Immunity Police officers are immune from liability in § 1983 in suits brought against them in their individual capacities if “their conduct does not violate clearly established statutory or constitutional rights … The Second Circuit has explained that “[e]ven whei’e the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if

Bentley v. Dennison

852 F. Supp. 2d 379 · District Court, S.D. New York · Feb 10, 2012

Qualified Immunity Qualified immunity protects officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 30 The Second … lower courts, and that therefore Earley’s holding was not clearly established, has been the linchpin of their continued success in obtaining qualified immunity.

Rahman v. Schriro

22 F. Supp. 3d 305 · District Court, S.D. New York · May 27, 2014

The Second Circuit has held that a right is clearly established for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right, and … Defendants allege that they are immune from suit because there is no clearly established law prohibiting X-ray scans of inmates.

James v. Cuny-John Jay College

District Court, S.D. New York · Nov 16, 2021

right that [2] was clearly established at the time of the challenged conduct.”) … immunity.

Locantore v. Hunt

775 F. Supp. 2d 680 · District Court, S.D. New York · Mar 31, 2011

require a conclusion that it was ‘clearly established’ in the qualified immunity context.” … Because it was not clearly established for qualified immunity purposes that to impose PRS administratively was unlawful prior to Earley , it must follow that it was also not clearly established that it was unlawful to do

Gordon v. Katz

934 F. Supp. 79 · District Court, S.D. New York · Jan 17, 1996

It has also been clearly established that in order for legislative immunity to attach, the acts complained of must not only be substantively legislative but also procedurally legislative. Ryan v. … Plaintiffs argue that in order for legislative immunity to apply, accepted and established legislative procedures must be followed.

Williams v. City of Mount Vernon

428 F. Supp. 2d 146 · District Court, S.D. New York · Apr 14, 2006

Qualified Immunity 2 “The doctrine of qualified immunity shields police officers acting in their *154 official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights … Qualified immunity can be established in three ways: (1) if defendant’s acts did not violate a clearly established constitutional right; (2) if it remains unclear as to whether an exception permitted such acts; and (3) if

Holland v. City of New York

197 F. Supp. 3d 529 · District Court, S.D. New York · Jun 24, 2016

Although the Court is permitted to determine whether a constitutional right exists before examining whether it was clearly established as part of the qualified immunity analysis, it declines to do so here. … Wright, 597 F.3d 532, 536 (2d Cir.2010) (finding the defendant prison employees entitled to qualified immunity with respect to inmate's First Amendment and RLUIPA claims because it had not been clearly established by the