The following excerpt is from Walz v. Town of Smithtown, 46 F.3d 162 (2nd Cir. 1995):
Qualified immunity "shields government officials from liability for damages on account of their performance of discretionary official functions." Ying Jing Gan v. City of New York, 996 F.2d 522, 531 (2d Cir.1993). However, by conditioning the issuance of a permit on the conveyance of land, Dowling was not exercising a discretionary function but simply refusing to perform a ministerial act until a demand with absolutely no basis in legal authority was met.
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