· 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).
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.