We receive many inquiries about filing a lawsuit against ACS. It is important to note that suing ACS is suing the City of New York. This is a highly complicated process and we advise that you obtain an attorney if you plan to sue. Attorneys can either take the case on a percentage basis or you must pay them by the hour to work on your case. And in New York City, hourly rates can be over $350.00 an hour. As you can see this can get very expensive. Also NYC has something called qualified immunity. Generally, governmental actions that require the exercise of discretion but are not judicial or quasi-judicial are entitled to “qualified immunity,” meaning that they are immune from liability unless performed in bad faith or without a reasonable basis. Signature Health Ctr., LLC v. State, 28 Misc. 3d 543, 902 N.Y.S.2d 893 (Ct. Cl. 2010), aff’d, 92 A.D.3d 11, 935 N.Y.S.2d 357 (2011). Qualified immunity’s function is to protect government officials from liability for damages when performing discretionary duties as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Alex LL. v. Dep’t of Soc. Servs. of Albany Cty., 60 A.D.3d 199, 872 N.Y.S.2d 569 (2009).
Supreme Court of the State of New York Appellate Division: Second Judicial Department AD3d Argued - May 17, 2022 FRANCESCA E. CONNOLLY, J.P. JOSEPH J. MALTESE PAUL WOOTEN LARA J. GENOVESI, JJ. 2021-07543 DECISION & ORDER In the Matter of Lexis B. (Anonymous). Administration for Children’s Services, petitioner-respondent; Natalia B. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Joseph B. (Anonymous). Administration for Children’s Services, petitioner-respondent; Natalia B. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-1916-21, N-1917-21) Michael S. Discioarro, New York, NY, for appellant. Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Deborah A. Brenner and Andrea Nishi of counsel), for petitioner-respondent. Anne M. Serby, Long Beach, NY, attorney for the child Lexis B. In related proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Queens County ...
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