Case law

McDonald v. Doe

650 F. Supp. 858 · District Court, S.D. New York · Dec 31, 1986

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), an official who enjoys qualified immunity is immune from civil damages “insofar as [his] conduct does not violate clearly established statutory … “If, on the other hand, the court concludes that the officials alleged conduct did violate clearly established law, it must deny summary judgment on the ground that the official is not entitled to qualified immunity, and

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

Mangino v. Incorporated Village of Patchogue

814 F. Supp. 2d 242 · District Court, E.D. New York · Sep 30, 2011

Having carefully considered the motion for reconsideration, the Court concludes that Nudo is entitled to qualified immunity on the abuse of process claim because, although there was a clearly established right to be free … Therefore, qualified immunity at this juncture is clearly unwarranted.

Siddique v. City of New York

District Court, E.D. New York · Mar 31, 2025

Indeed, Inoa’s own description of why he is entitled to qualified immunity touches upon several areas in dispute: [I]t was not clearly established that Officer … That seems unlikely because the language “clearly established statutory or constitutional rights” in the context of failure to intervene borrows from the qualified immunity doctrine, see Riccitui, 124 F.3d at 129, and

Basinski v. City of New York

192 F. Supp. 3d 360 · District Court, S.D. New York · Jun 14, 2016

“The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In addition, in order to be “clearly established” for the purposes of a qualified immunity analysis, “the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing

Henry v. Dinelle

929 F. Supp. 2d 107 · District Court, N.D. New York · Mar 8, 2013

Scherer, 468 U.S. 183, 190 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) ("Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless … Templeton, 505 F.3d 161, 169-70 (2d Cir.2007) ("[Ejven 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

Boyler v. City of Lackawanna

287 F. Supp. 3d 308 · District Court, W.D. New York · Feb 27, 2018

the right was clearly established at the time of the challenged conduct.' " McGowan v. … To this point, "[a]n officer is entitled to qualified immunity if he can establish that there was 'arguable probable cause' to arrest." Adebiyi v.

Ruffins v. DEPARTMENT OF CORRECTIONAL SERVICES

701 F. Supp. 2d 385 · District Court, E.D. New York · Mar 31, 2010

“clearly established federal law” for the purposes of qualified immunity. … At the time the Second Circuit had Earley before it for consideration, the relevant law may have been clearly established for the purposes of AEDPA and not clearly established for the purposes of qualified immunity.

Hassell v. Fischer

96 F. Supp. 3d 370 · District Court, S.D. New York · Apr 1, 2015

Qualified Immunity Qualified immunity “protects public officials performing discretionary functions from personal liability in a civil suit for damages ‘insofar as their conduct does not violate clearly established statutory … Defendants’ entitlement to qualified immunity, therefore, turns on whether and when the rights that Hassell invokes were “clearly established.” Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 .

Bailey v. Pataki

722 F. Supp. 2d 443 · District Court, S.D. New York · Jul 6, 2010

If either prong is missing, qualified immunity is warranted; however, the burden is on defendants to establish qualified immunity. … that were clearly established at the time it was taken.”

Harris v. City of New York

222 F. Supp. 3d 341 · District Court, S.D. New York · Dec 2, 2016

Qualified immunity exists to protect government employees from civil liability where performance of their discretionary functions “does not violate clearly established statutory or constitutional rights of which a reasonable … Probable cause is no defense to such a claim, Zahrey, 221 F.3d at 355 , and qualified immunity is unavailable where “the action violates an accused’s clearly established constitutional rights, and no reasonably competent

Tolliver v. Jordan

District Court, S.D. New York · Jul 1, 2021

Accordingly, on the facts before it, the Court cannot conclude that Defendants are entitled to qualified immunity. See, e.g., Hernandez v. Goord, 312 F. … Supp. 2d 537, 548-49 (S.D.N.Y. 2004) (defendants’ alleged improperly-motivated prison transfers in retaliation for inmate’s exercise of his First Amendment rights violated clearly established law, making qualified immunity

Talley v. Brentwood Union Free School District

728 F. Supp. 2d 226 · District Court, E.D. New York · Aug 4, 2010

Qualified Immunity in General “Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … “[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 at

Livant v. Clifton

334 F. Supp. 2d 321 · District Court, E.D. New York · Sep 7, 2004

Qualified Immunity Qualified immunity is a three step analysis. Wilson v. Layne, 526 U.S. 603, 609 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999). … Then, [the Court] consider[s] if the violated right was clearly established at the time of the conduct. Finally, if plaintiff had a clearly established, constitutionally protected right that was violated ...

Romer v. Morgenthau

119 F. Supp. 2d 346 · District Court, S.D. New York · Sep 26, 2000

absolute or qualified immunity. … See discussion supra; Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (allowing qualified immunity if defendant “does not violate clearly established” rights of which “a reasonable person would have known”).

Rosen v. City of New York

667 F. Supp. 2d 355 · District Court, S.D. New York · Oct 28, 2009

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages under federal claims insofar as their conduct does not violate clearly established statutory … A government official is entitled to qualified immunity when “(1) Plaintiff fails to allege a violation of a federal right; (2) the right alleged was not clearly established at the time of the alleged violation; or (3) the

Boston v. Suffolk Cnty.

326 F. Supp. 3d 1 · District Court, E.D. New York · Jan 9, 2018

certainly circumstances where an intoxicated person's statement that he or she does not need medical treatment should not be honored because it is inconsistent with other objective facts indicating that hospitalization is clearly … Plaintiff introduced, through deposition testimony, that Rangers Sokol and Paterson had never received any training from Smithtown on how to identify drugs; how drugs affect people; how to deal with individuals who are clearly

Colao v. Mills

39 A.D.3d 1048 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2007

Government officials performing discretionary functions are entitled to qualified immunity, thereby shielding them from civil liability, as long as their actions did not violate the plaintiffs clearly established legal rights … qualified immunity test and determine whether reasonable officers would know that the conduct here was unlawful at the time (see Cowan ex rel.

Brenden v. Castro

District Court, N.D. New York · Sep 26, 2025

Therefore, Castro is entitled to qualified immunity because it was not clearly established that individual defendants could be liable on a takings claim. See Novak v. … Castro is also not entitled to qualified immunity because it is clearly established that a false claim of lawful authority can invalidate consent. See id; Amos v.

Galante v. County of Nassau

186 Misc. 2d 733 · New York Supreme Court · Dec 12, 2000

if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively reasonable to believe that [their] acts did not violate these clearly established … [their] acts [do] not violate these clearly established rights.’ ” (Tenenbaum, at 596.)