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· 10/5/2023

Matter of Kelsey v. Dean Transp.

Citations

  • 220 A.D.3d 995
  • 197 N.Y.S.3d 741
  • 2023 NY Slip Op 05016

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”
  • holding that a police officer who secures an arrest warrant without probable cause cannot assert an absolute immunity defense
  • holding that qualified immunity “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”
  • holding that an officer's act of applying for a warrant per se does not entitle the officer to qualified immunity
  • holding that qualified immunity is appropriate where “officers of reasonable competence could disagree” as to legality of actions
  • holding that the qualified immunity standard “gives ample room for mistaken judgments” by protecting “all but the plainly incompetent or those who knowingly violate the law.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.