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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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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U.S. Court of Appeals for the Second Circuit Qualified Immunity Probable Cause Simpson v. City of New York 14-680-cv Judges Hall, Lynch and Carney Background: The plaintiff appealed from summary judgment dismissing his claims of false arrest on the ground ...

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WASHINGTON — The justices of the U.S. Supreme Court appeared unwilling to lift the shield of qualified immunity from police officers who shot and killed a fleeing suspect and his passenger after a high-speed car chase. During oral arguments Tuesday ...

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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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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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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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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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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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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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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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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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