Case law

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.

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

Garcia v. Scoppetta

289 F. Supp. 2d 343 · District Court, E.D. New York · Nov 6, 2003

Qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “A defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to ‘state a claim of violation of clearly established law.’ ” McEvoy v.

Simon v. City of New York

247 F. Supp. 3d 285 · District Court, E.D. New York · Mar 30, 2017

Instead, “[e]ven if the right at issue was clearly established in certain respects, . ’.. an- officer is still entitled to qualified immunity if officers of reasonable competence could disagree on the legality of the action … An officer may also establish qualified immunity by showing that, “notwithstanding a violation of a clearly established constitutional right, it was objectively reasonable for him to believe his actions did not violate this

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

Dale v. Kelley

908 F. Supp. 125 · District Court, W.D. New York · Dec 6, 1995

“Under qualified immunity, a government official may claim immunity from suit only when in light of clearly established law and the information the official possesses, it was objectively reasonable for him to think that his … One basis upon which a qualified immunity defense can be established is by showing that the right allegedly violated was not clearly established at the time of the acts in question.

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.

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

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.

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.

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

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

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.

Daniels v. D'AURIZO

564 F. Supp. 2d 194 · District Court, W.D. New York · Jul 9, 2008

Nevertheless, I find that even if probable cause was lacking or questionable, defendants are entitled to qualified immunity. … Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would

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

Farid v. Goord

200 F. Supp. 2d 220 · District Court, W.D. New York · Feb 9, 2002

Qualified immunity does not bar declaratory and injunctive relief. Allen v. Coughlin, 64 F.3d 77, 81 (2d Cir.1995). … Even if qualified immunity were established in this case, it would not provide grounds for dismissal of all of Farid’s claims. Id. at 81 . It is a defense which defendants must plead and prove. Duamutef v. J.M.

Ramirez v. Coughlin

919 F. Supp. 617 · District Court, N.D. New York · Mar 28, 1996

Qualified immunity “shields state officials from liability where they did not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Wright v. … “Even if established, therefore, qualified immunity is not grounds for dismissing all of [plaintiffs] claims.” Id.

Ragland v. City of New York

District Court, S.D. New York · Feb 25, 2022

In addition, with respect to the defense of qualified immunity under federal law, or governmental immunity under New York Law, a jury could conclude that the Defendants’ decision to search and arrest Plaintiff under such … City of New York, 478 F.3d 76, 87 (2d Cir. 2007) (“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of

33 Seminary LLC v. City of Binghamton

120 F. Supp. 3d 223 · District Court, N.D. New York · Jul 28, 2015

Absolute and Qualified Immunity Defendants also argue that even if they violated Plaintiffs’ constitutional rights, they are entitled to qualified immunity in their individual capacities because they did not violate a clearly … Defendants unreasonably violated a clearly established right of Plaintiffs.