Legal Opinion

Golio v. City of White Plains

District Court, S.D. New York

Decided November 2, 2006No. 06 CIV. 1691 CM/GAYPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART THE MOTION OF THE INDIVIDUAL DEFENDANTS (SUGGS AND LOPEZ) TO DISMISS ON GROUNDS OF QUALIFIED IMMUNITY

MCMAHON, District Judge.

As is well known, the doctrine of qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). This court has handled literally hundreds of motions by police officers who seek the protection of qualified immunity because they did not knowingly violate the law.

In this case, the officer is alleged to…

2Cases cited13 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Malley v. BriggsSupreme Court of the United States · 1986
  3. Broughton v. StateNew York Court of Appeals · 1975
  4. Kenavan v. City of New YorkNew York Court of Appeals · 1987
  5. Diana Mickle, John R. Williams v. Sean Morin and Ronald SmithCourt of Appeals for the Second Circuit · 2002

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3Cited by6 opinions

  1. Lynch Ex Rel. Lynch v. City of Mount VernonDistrict Court, S.D. New York · 2008
  2. Selvaggio v. PattersonDistrict Court, E.D. New York · 2015
  3. Golio v. SuggsCourt of Appeals for the Second Circuit · 2008
  4. Jennis v. RoodDistrict Court, N.D. New York · 2007
  5. Ali v. RamosDistrict Court, S.D. New York · 2020

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