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Tag Archives: qualified immunity

Trials & Tribulations: Court of Appeals upholds decision denying NYC qualified immunity

Myers,-Laura-FEAT

On Dec. 22, the Court of Appeals upheld the trial court and Second Department, Appellate Division’s decisions, finding New York City liable in negligence for failing to adequately study and correct a documented speeding problem on a city street, which ...

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Second Circuit – Qualified Immunity: Morse v. Fusto

U.S. Court of Appeals for the Second Circuit Qualified Immunity Clearly Established Law – Constitutional Rights Morse v. Fusto 13-4074 Judges Jacobs, Sack and Droney Background: The defendants are former employees with the New York State Attorney General’s Office Medicaid ...

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Second Circuit — Qualified Immunity: Doe v. Whelan

U.S. Court of Appeals for the Second Circuit Qualified Immunity Children’s Safety — Removal without Parental Consent Doe v. Whelan 12-4137-cv Judges Cabranes, Hall and Chin Background: The plaintiffs commenced an action following the removal of three children from their ...

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Second Circuit — Qualified Immunity: Zalaski v. City of Harford

U.S. Court of Appeals for the Second Circuit Qualified Immunity First Amendment Protests Zalaski v. City of Harford 12-621-cv Judges Calabresi, Pooler and Raggi Background: The plaintiffs appealed from the dismissal of their claims alleging the defendant violated their First, ...

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Second Circuit — Qualified Immunity: Spavone v. NY State Dept. of Corr. Servs.

U.S. Court of Appeals for the Second Circuit Qualified Immunity Department of Corrections Procedures Spavone v. NY State Dept. of Corr. Servs. 11-617 Judges Leval, Katzmann and Livingston Background: The plaintiff requested a leave of absence in order to obtain ...

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Second Circuit — Qualified Immunity: Winfield, et al. v. Trottier

U.S. Court of Appeals for the Second Circuit  Qualified Immunity Established Right — Consent to Search Winfield, et al. v. Trottier 11-4404-cv Judges Jacobs, Pooler and Hall Background: The defendant police officer appealed from an order finding that he was not ...

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Animal rescuers entitled to qualified immunity

Members of an animal rescue organization were state actors when they spayed and neutered animals seized by authorities and are entitled to qualified immunity in a suit brought by the animals’ former owner, the U.S. Court of Appeals for the ...

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Qualified immunity decision leaves retaliatory arrest issue unsettled

The U.S. Supreme Court has declined to clearly answer the question of whether plaintiffs can bring First Amendment-based retaliatory arrest claims despite the existence of probable cause. The continued uncertainty has disappointed legal experts and advocates on both sides of ...

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Second Circuit — Qualified Immunity: Ahlers v. Rabinowitz

U.S. Court of Appeals for the Second Circuit Qualified Immunity Objectively Reasonable Belief Ahlers v. Rabinowitz 10-1193-cv Judges Jacobs, Cabranes and Wesley Background: The plaintiff appealed from a judgment dismissing his claims under 42 USC § 1983. The plaintiff had ...

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Second Circuit — First Amendment Retaliation: Nagle v. Marron, et al.

U.S. Court of Appeals for the Second Circuit First Amendment Retaliation School Teacher — Qualified Immunity Nagle v. Marron, et al. 10-1420-cv Judges Calabresi, Raggi and Gleeson Background: The plaintiff alleged that the defendants at the Mamaroneck Union Free School retaliated ...

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