Case law

Murcia v. County of Orange

226 F. Supp. 2d 489 · District Court, S.D. New York · Oct 4, 2002

the supervisor liable were clearly established at the time of the violation. … I conclude that Bigger is entitled to qualified immunity in this situation. In essence, plaintiff argues that Bigger cannot acquire qualified immunity by accident.

Garcia v. Dutchess County

43 F. Supp. 3d 281 · District Court, S.D. New York · Aug 21, 2014

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” See id. at 1866 . … to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.”

Ali v. Oneida County District Attorney

District Court, N.D. New York · Oct 30, 2023

“By contrast, prosecutors receive only qualified immunity when performing ‘administrative duties and those investigatory functions that do not relate to an advocate’s preparation for the initiation of a prosecution or for … Kessler, 694 F.3d 161, 166 (2d Cir. 2012) (“ ‘[A]ctions taken as an investigator enjoy only qualified immunity.’ ”) (quoting Zahrey v. Coffey, 221 F.3d 342, 346 (2d Cir. 2000)).

Serra v. United States General Services Administration

664 F. Supp. 798 · District Court, S.D. New York · Jul 14, 1987

The standard is an objective one: “whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law.’ … Thus, for Diamond and Ink to be stripped of their qualified immunity from suit, it must have been clearly established at the time they acted that Serra possessed a cognizable constitutional liberty or property interest in

Mahoney v. City of Albany

2022 NY Slip Op 07288 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2022

In the federal context, public officials may invoke qualified immunity under 42 USC § 1983 "unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established … Given this framework, we begin with Tierney's claim of qualified immunity.

Barr v. Abrams

641 F. Supp. 547 · District Court, S.D. New York · Aug 7, 1986

But in any event, all his actions in his official capacity are protected by the qualified (or good faith) immunity which bars a damage action against him unless his conduct “violate[d] clearly established statutory or constitutional … But in any case, my ruling on the question of immunity does not turn on the correctness of Justice Sayah’s ruling. The question is rather whether there was “clearly established” law upholding Barr’s position.

Owens v. City of New York

183 A.D.3d 903 · Appellate Division of the Supreme Court of the State of New York · May 27, 2020

If the officer's actions did not violate a clearly established right or law, or if it was objectively reasonable for an officer to believe that his actions did not violate a clearly established right or law, his or her actions … event, he is entitled to qualified immunity for any such alleged failure ( see Boyd v City of New York , 149 AD3d at 686 ).

Brown v. City of Oneonta, NY

858 F. Supp. 340 · District Court, N.D. New York · Jul 18, 1994

Wilson and Hunt claim that the court applied the qualified immunity test improperly and assert that they cannot be held liable under 42 U.S.C. § 1983 unless it was clearly established that an exception to FERPA did not apply … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

Durr v. Slator

District Court, N.D. New York · Sep 2, 2021

Torreso, 764 F.3d 217, 231 (2d Cir. 2014) ("An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury"). … "Even if the force is objectively unreasonable, an officer may still be eligible for qualified immunity if it was objectively reasonable for the officer to believe that her action did not violate clearly established law

Hardy v. Fischer

701 F. Supp. 2d 605 · District Court, S.D. New York · Mar 31, 2010

Qualified Immunity 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 … are accordingly entitled to qualified immunity.

Matthews v. City of New York

889 F. Supp. 2d 418 · District Court, E.D. New York · Sep 5, 2012

Moreover, “ ‘[e]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable … As noted supra, “the qualified immunity inquiry turns on whether the defendants’ actions were objectively reasonable under clearly established law; and the clearly established law of excessive force itself hinges on the reasonableness

Warney v. City of Rochester

536 F. Supp. 2d 285 · District Court, W.D. New York · Feb 11, 2008

are covered by qualified immunity. … LEXIS 18002 (N.D.Ill.2002) (finding that a due process right to disclosure of post-conviction exculpatory evidence exists, but granting qualified immunity because the right was not “clearly established” in 1997), aff'd in

Sullivan v. United States Postal Service

944 F. Supp. 191 · District Court, W.D. New York · Nov 5, 1996

Qualified Immunity Defense It is clear that summary judgment must be granted as to Brown on the basis of qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official if it is objectively reasonable for [the official] to believe that his acts did not violate those rights.” Russell v.

Walentas v. Lipper

662 F. Supp. 902 · District Court, S.D. New York · Jun 17, 1987

Discussion Qualified Immunity of Government Officials Harlow v. … The answer is that it certainly was not clearly established.

Defore v. Premore

863 F. Supp. 91 · District Court, N.D. New York · Oct 6, 1994

Government officials pérforming discretionary functions are entitled to qualified immunity provided their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, defendants argue that they did not violate plaintiffs’ “clearly established” rights and thus are entitled to qualified immunity.

Cucuta v. New York City

25 F. Supp. 3d 400 · District Court, S.D. New York · Jul 3, 2014

(see cases cited at page 414 above), defendants alternatively are entitled to the protection of qualified immunity because the law is not clearly established and their actions were objectively reasonable. … The Officers are Entitled to Quali-fíed Immunity for the Ping of Cucuta’s Cell Phone Defendants also are entitled to qualified immunity for the pinging of Cueuta’s cell phone because the law is not clearly established and

Ayeni Ex Rel. Ayeni v. CBS Inc.

848 F. Supp. 362 · District Court, E.D. New York · Apr 7, 1994

Qualified Immunity of Agent Mottola. … Qualified Immunity of CBS and Jor-gensen. Both CBS and Jorgensen claim qualified immunity.

Donovan v. Briggs

250 F. Supp. 2d 242 · District Court, W.D. New York · Feb 26, 2003

Qualified immunity shields public officials “from civil damages liability insofar as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,’ Harlow … was not clearly established in the context of the actions giving rise to the suit); Warlick v.

Fifield v. Eaton

669 F. Supp. 2d 294 · District Court, W.D. New York · Oct 20, 2009

The doctrine of qualified immunity shields government officials from liability for civil damages where their performance of their discretionary duties does not violate “clearly established statutory or constitutional rights … that it would not violate clearly established rights.

Hansen v. Town of Smithtown

342 F. Supp. 3d 275 · District Court, E.D. New York · Oct 24, 2018

City of New York , 45 F.3d 653 , 663 (2d Cir. 1995) (noting that under qualified immunity, "a government official may claim immunity from suit only when in light of clearly established law and the information the official … The Supreme Court has explained that "officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established