performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Zellner v. Summerlin, 494 F.3d 344, 367 (2d Cir.2007) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). The United States, by contrast, may not assert qualified immunity as a defense to plaintiffs’ FTCA claim. See Castro, 34 F.3d at 111 (“In a suit against the United States under the FTCA ... qualified immunity will not immunize the United States from liability .... ” (citing Rivera v. United States, 928 F.2d 592, 608-09 (2d Cir.1991))); Li v. Aponte, No. 05 Civ. 6237(NRB), 2008 WL 4308127, at *7 n. 42 (S.D.N.Y. Sept.16, 2008) (<HOLDING>). II. Analysis A. Were Plaintiffs Arrested?
holding qualified immunity defense unavailable to the united states in ftca action holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted holding that defendants are not entitled to qualified immunity holding qualified immunity unavailable because there was no government interest to balance holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party