Case law

Farag v. United States

587 F. Supp. 2d 436 · District Court, E.D. New York · Nov 24, 2008

the defense of qualified immunity, which “shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did

Turkmen v. Ashcroft

915 F. Supp. 2d 314 · District Court, E.D. New York · Jan 15, 2013

Qualified Immunity The allegations against the MDC defendants state a violation of clearly established Fourth Amendment law. … Qualified Immunity Defendants also suggest that they are entitled to qualified immunity because in 2001 it was not clearly established that Section 1985 applied to federal officials.

Martinez v. City of New York

District Court, E.D. New York · Jul 19, 2023

Defendants further argued that they are entitled to qualified immunity on this claim, both because there exists no clearly established law that a failure to provide medical attention for Plaintiff’s asserted injury rises … The relevant case law need not be factually identical to the case at issue in order to be “clearly established” for purposes of qualified immunity, and officials “can still be on notice that their conduct violates established

Mancuso v. Douglas Elliman, LLC

808 F. Supp. 2d 606 · District Court, S.D. New York · Aug 24, 2011

When analyzing this prong of a prima facie case, courts have used as a starting point the applicable criteria that the owner has established regarding who is “qualified.” … Other cases, including some cited by plaintiffs, have also used relevant criteria that the owner established in analyzing the “qualified” prong. See, e.g., Mencer v.

Young v. Suffolk County

922 F. Supp. 2d 368 · District Court, E.D. New York · Feb 11, 2013

Young lacked apparent authority to consent to Delgado’s entry, Delgado is shielded from Section 1983 liability by the doctrine of qualified immunity. … City of Hobbs, 90 F.Supp.2d 1313, 1320 (D.N.M.2000) (police had qualified immunity on claim that caretaker had apparent authority to authorize search of common areas of the house). .

McDonald v. City of Troy

District Court, N.D. New York · Jun 3, 2021

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Luna, 577 U.S. 7, 12-14 (2015) (reversing denial of qualified immunity because circuit court considered it clearly established that police officer may not “use deadly force against a fleeing felon who d[id] not pose

Adedeji v. Hoder

935 F. Supp. 2d 557 · District Court, E.D. New York · Mar 27, 2013

Qualified immunity protects government 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 … (2) “whether the right at -issue was ‘clearly established’ at the time of defendant’s alleged ¿misconduct.” .

Warr v. Liberatore

District Court, W.D. New York · Aug 29, 2019

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or … was ‘clearly established’ at the time of defendant’s alleged misconduct.”

In Re Iacono

120 B.R. 691 · United States Bankruptcy Court, E.D. New York · Nov 2, 1990

IRAs were originally established to ease the tax burden of employees that were not covered by a qualified pension plan as well as to encourage savings for retirement. … 10), retirement or other plan established by a corporation, which is qualified under section 401 of the U.S.

Daugevelo v. County Of Sullivan

District Court, S.D. New York · Dec 22, 2020

The doctrine of qualified immunity protects officials from liability for civil damages when, “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to … If an officer’s belief that his action does not violate clearly established law is “objectively reasonable,” he is shielded from liability by qualified immunity. Cooper v. City of New Rochelle, 925 F.

Conlin v. Colvin

111 F. Supp. 3d 376 · District Court, W.D. New York · Jun 29, 2015

She noted that N.T.C.B. had problems speaking clearly. (Tr. 169). … It is well established *387 that teacher questionnaires are considered valid “other source” opinions. See Hart, 2014 WL 916747 , at *5; Spruill ex rel. J.T. v.

Gala v. The City of New York

District Court, E.D. New York · Mar 11, 2021

“[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’ for him … Instead, “[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.

Rubeor v. Town of Wright

191 F. Supp. 3d 198 · District Court, N.D. New York · Jun 8, 2016

Was the Right Clearly Established The second step in qualified immunity analysis is to determine whether the constitutional or statutory right was clearly established at the time that it was violated. … Therefore, the constitutional right in question was not clearly established, and individual Defendants are entitled to qualified immunity.

Rich v. State of New York

District Court, S.D. New York · Mar 31, 2022

immunities established at common law. … Under the doctrine of qualified immunity, an official is immune from liability “only when in light of clearly established law and the information the official possesses, it was objectively reasonable for him to think that

Barnes v. Harling

368 F. Supp. 3d 573 · District Court, W.D. New York · Mar 18, 2019

"Qualified immunity insulates public officials from claims for damages where their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Defore … Accordingly, the Court finds the relevant law as to the SHU lighting conditions was not clearly established at the time of Plaintiff's incarceration at the Monroe County Jail, and Defendants are entitled to qualified immunity

Thomas v. County of Putnam

262 F. Supp. 2d 241 · District Court, S.D. New York · May 7, 2003

Qualified Immunity Even assuming probable cause was not established, Deputies Langley and Nalbone have a valid defense of qualified immunity. … Absolute Immunity Prosecutors facing individual capacity liability can claim absolute or qualified immunity.

Lucas v. Otsego County Sheriff Richard J. Devlin Jr.

139 A.D.3d 1196 · Appellate Division of the Supreme Court of the State of New York · May 12, 2016

Supreme Court determined that, among other things, defendants were shielded from liability by the doctrine of qualified immunity and granted their motion. Plaintiff now appeals. We affirm. … Defendants nevertheless have qualified immunity for their conduct if they did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known" (Mullenix v Luna, US

Barnes v. Fedele

337 F. Supp. 3d 227 · District Court, W.D. New York · Oct 2, 2018

DISCUSSION Qualified immunity shields a government official from liability for civil damages "if his conduct did not violate plaintiff's *231 clearly established rights or if it would have been objectively reasonable for … The qualified immunity defense in this case largely turns on two considerations: whether the statutory or constitutional right in question was clearly established at the time of the alleged violation, and, if so, whether

Liu v. New York City Police Department

216 A.D.2d 67 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1995

However, we find that the individual defendants should be granted qualified immunity from plaintiffs civil rights claims. … A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Betances v. Fischer

140 F. Supp. 3d 294 · District Court, S.D. New York · Oct 14, 2015

APPLICABLE LAW “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … Town of Wolcott, 599 F.3d 129, 134 (2d Cir.2010) ("Even 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