TaiLexi AI U.S. Case Law
34 cases · terms & connectors · 0.15 s
  1. 3 A.D.3d 669 Appellate Division of the Supreme Court of New York January 15, 2004

    immunity for his conduct.

    “A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does *671 not violate clearly established statutory or constitutional rights of which a reasonable person would

    To be entitled to qualified immunity, Seals was required to establish that it was objectively reasonable for him to believe that his conduct was appropriate under the circumstances, or that officers of reasonable competence could disagree

  2. 301 A.D.2d 498 Appellate Division of the Supreme Court of New York January 13, 2003

    Furthermore, the actions of a superintendent are entitled to qualified immunity.

    A party is entitled to qualified immunity if his or her conduct is not violative of clearly established rights which a reasonable person knew, or objectively and reasonably believed, did not violate such rights (see Anderson v Creighton

  3. Colao v. Mills
    39 A.D.3d 1048 Appellate Division of the Supreme Court of New York April 19, 2007

    After a lengthy hearing, Supreme Court (Coccoma, J.) determined that defendants were entitled to qualified immunity due to the exigent circumstances and granted the motion for summary judgment. Plaintiff appeals.

    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; it must

    If we assume that defendants did violate plaintiffs rights by remaining on his property, and the right to be free from unreasonable seizures of property is clearly established, we must then address the second part of the qualified

  4. 139 A.D.3d 1196 Appellate Division of the Supreme Court of New York May 12, 2016 No. 519946

    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, 577 US —, —, 136

    Defendants’ actions, in short, did not violate a “clearly established statutory or constitutional right[ ] of which a reasonable person would have known” (Harlow v Fitzgerald, 457 US 800, 818 [1982]; see Hayes v O’Connor, 2004

    Thus, Supreme Court properly held that qualified immunity protected defendants from plaintiffs 42 USC § 1983 claim. The remaining contentions advanced by plaintiff have been considered and rejected.

  5. 129 A.D.3d 1644 Appellate Division of the Supreme Court of New York June 19, 2015 No. 1

    We reject defendant’s contention that the state constitutional claims should be dismissed because defendant is entitled to qualified immunity. “ ‘A government official is entitled to qualified immunity provided his or her conduct does

    not violate clearly established statutory or constitutional rights of which a reasonable person would have known’ ” (Linen v County of Rensselaer, 274 AD2d 911, 914 [2000]; see Maio v Kralik, 70 AD3d 1, 13 [2009]; Rigle v County of

  6. Maio v. Kralik
    70 A.D.3d 1 Appellate Division of the Supreme Court of New York November 10, 2009

    Qualified Immunity, the Sheriff, and “John Does 1-5” Regarding the plaintiffs claim pursuant to 42 USC § 1983 , the individual defendant, James F. Kralik, as Sheriff of the County of Rockland, was entitled to qualified immunity.

    “A government official is protected by qualified immunity insofar as the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (Sagendorf-Teal v County

    A reasonable official in this circumstance would not have known that Penal Law § 400.05 (6) actually excluded rifles and shotguns, and therefore would not have known that disposing of the weapons “violated clearly established statutory

  7. 86 A.D.3d 502 Appellate Division of the Supreme Court of New York July 28, 2011

    The individual defendants argue that they are entitled to dismissed of the charges against them because they enjoy a qualified immunity when executing a facially valid search warrant.

    “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 would have

    To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers of reasonable

  8. 2019 NY Slip Op 1287 Appellate Division of the Supreme Court of New York February 21, 2019 No. 527100
    Not cited

    Supreme Court properly concluded that Ashe has not established as a matter of law that he is entitled to qualified immunity.

    "[O]fficers are entitled to qualified immunity under [42 USC] § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the [*3]unlawfulness of their conduct was 'clearly established at the time'" ( District

    As to the second prong, "[e]ven where an officer is found to have used excessive force, . . . the doctrine of qualified immunity will shield that officer from liability for damages if his [or her] conduct did not violate clearly established

  9. 135 A.D.3d 731 Appellate Division of the Supreme Court of New York January 13, 2016 No. 2014-02555

    The Supreme Court providently exercised its discretion in permitting the defendants to amend their answer to assert the affirmative defense of qualified immunity (see CPLR 3025 [b]).

    State officials are entitled to qualified immunity under 42 USC § 1983 for discretionary functions if either (1) their conduct did not violate clearly established constitutional rights, or (2) it was objectively reasonable for them

  10. 2020 NY Slip Op 3019 Appellate Division of the Supreme Court of New York May 27, 2020 No. 2730/09

    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 are

    privileged under the doctrine of qualified immunity ( see Pearson v Callahan, 555 US 223, 231-232 ; Boyd v City of New York , 149 AD3d at 686 ; Lepore v Town of Greenburgh , 120 AD3d at 1203 ; Taravella v Town of Wolcott , 599 F3d

  11. 139 A.D.3d 890 Appellate Division of the Supreme Court of New York May 18, 2016 No. 2014-03212

    “If found to be objectively reasonable, [an] officer’s actions are privileged under the doctrine of qualified immunity” (Lepore v Town of Greenburgh, 120 AD3d 1202, 1203 [2014]; see Williams v City of New York, 129 AD3d 1066

    “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (Mullenix

  12. 2020 NY Slip Op 4503 Appellate Division of the Supreme Court of New York August 12, 2020 No. 51106/15

    The individual defendants are entitled to qualified immunity, as they are government officials performing discretionary functions, and their conduct did not violate any clearly established statutory or constitutional rights of which

  13. Moulton v. State
    114 A.D.3d 115 Appellate Division of the Supreme Court of New York December 26, 2013

    More recently, the Second Circuit held that, as of its 2006 decision in Earley , it was clearly established, for purposes of qualified immunity, that administrative imposition of PRS violated federal due process guarantees (see Vincent

  14. 67 A.D.3d 192 Appellate Division of the Supreme Court of New York September 29, 2009

    *206 Qualified Immunity The individual defendants asserted the defense of qualified immunity which applies if their conduct “ ‘does not violate clearly established statutory or constitutional rights of which a reasonable person

  15. Appellate Division of the Supreme Court of New York June 19, 2015 No. CA 14-00117
    Not cited

    We reject defendant’s contention that the state constitutional claims should be dismissed because defendant is entitled to qualified immunity. “ ‘A government official is entitled to qualified immunity provided his or her conduct does

    not violate clearly established statutory or constitutional rights of which a reasonable person would have known’ ” (Linen v County of Rensselaer, 274 AD2d 911, 914 ; see Maio v Kralik, 70 AD3d 1, 13 ; Rigle v County of Onondaga

  16. 122 A.D.3d 1181 Appellate Division of the Supreme Court of New York November 26, 2014
    Not cited

    Police officers performing their governmental duty are entitled to qualified immunity “as long as their actions did not violate the plaintiffs clearly established legal rights” (Colao v Mills, 39 AD3d 1048, 1050 [2007]; see Baez v

  17. 2026 NY Slip Op 04696 Appellate Division of the Supreme Court of New York July 24, 2026 No. 532 CA 25-00222

    Defendants' further contention that, even if selective-enforcement claims survived Engquist , they are entitled to qualified immunity under 42 USC § 1983 , is not preserved for our review ( see generally Ciesinski v Town of Aurora

    Public officials may invoke qualified immunity under 42 USC § 1983 unless, inter alia, the unlawfulness of their conduct was clearly established at the time ( see generally Mahoney v City of Albany , 211 AD3d 1408, 1409-1410 [3d Dept

  18. 79 A.D.3d 700 Appellate Division of the Supreme Court of New York December 7, 2010

    As for the plaintiffs 42 USC § 1983 claims asserted against Miller and Conlon, they established, prima facie, their entitlement to qualified immunity by demonstrating that it was objectively reasonable for them to believe that their

    acts did not violate clearly established constitutional or statutory rights regardless of whether they made a mistake of law or fact in applying the Town Code (see Pearson v Callahan, 555 US 223 , —, 129 S Ct 808, 815 [2009]; Sonne

  19. 2021 NY Slip Op 01506 Appellate Division of the Supreme Court of New York March 16, 2021 No. 154550/17 Appeal No. 13363 Case No. 2020-02314
    Not cited

    emotionally disturbed persons to inform the standard of care ( see Lubecki v City of New York , 304 AD2d 224, 233-234 [1st Dept 2003], lv denied 2 NY3d 701 [2004]), under the totality of the circumstances, Officer Gleason was entitled to qualified

    immunity because his actions in attempting to arrest Conrad were matters of discretion and professional judgment that did not violate any clearly established procedures or protocol ( see Davila v City of New York , 139 AD3d 890, 892

  20. 40 A.D.3d 620 Appellate Division of the Supreme Court of New York May 1, 2007

    Moreover, the defendants’ actions are entitled to qualified immunity because it was objectively reasonable for them to believe that their acts did not violate clearly established constitutional or statutory rights (see Anderson v Creighton

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