Qualified immunity doesn't apply when the officer clearly violates a constitutional right. Unfortunately the article says:
Judge Jessica Clarke, who ordered the injunction last week, ruled that while the First Amendment claim might be a little more complicated, it seems pretty clear that the NYPD violated the state and municipal Right to Record Acts with its policy.
Judge Jessica Clarke, who ordered the injunction last week, ruled that while the First Amendment claim might be a little more complicated, it seems pretty clear that the NYPD violated the state and municipal Right to Record Acts with its policy.