Case law

Cross v. Perez

823 F. Supp. 2d 142 · District Court, E.D. New York · Oct 4, 2011

A decision is “contrary to” clearly established federal law if “the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law” or if the state court “confronts facts that are … A decision is “an unreasonable application” of clearly established federal law if a state court “identifies the correct governing legal rule from [the Supreme Court’s] cases but unreasonably applies it to the facts of the

Garcia v. Gridley

District Court, E.D. New York · May 18, 2020

Qualified Immunity Even where probable cause is lacking, an officer is entitled to qualified immunity on malicious prosecution claims where the “probable cause determination … immunity.

Roucchio v. Coughlin

923 F. Supp. 360 · District Court, E.D. New York · Apr 15, 1996

Further, the record is unclear as to whether any of the defendants will be able to assert a qualified immunity defense on the ground that “their conduct [did] not violate clearly established [federal] statutory or constitutional … Scherer, 468 U.S. 183, 194 , 104 S.Ct. 3012, 3019 , 82 L.Ed.2d 139 (1984) (for purposes of determining the availability of qualified immunity with respect to claims brought under 42 U.S.C. § 1983 , the right allegedly violated

Galloway v. County Of Nassau

District Court, E.D. New York · Mar 29, 2024

Under federal law, the affirmative defense of qualified immunity is established by demonstrating that “(1) the right was not clearly established or (2) even if the right was clearly established, it was objectively reasonable … Ricciuti and its progeny, including Zahrey, clearly establish[ed] that qualified immunity is unavailable on a claim for denial of the right to a fair trial where that claim is premised on proof that a defendant knowingly

United States v. Graziano

616 F. Supp. 2d 350 · District Court, E.D. New York · Sep 10, 2008

In short, where an open container filled with gasoline with a cloth wick protruding from its throat is ignited and hurled into a building to cause a fire, it clearly qualifies as an “incendiary bomb” and, thus, as a “destructive … Thus, despite the plastic container, the device was clearly designed to disperse the fire in a violent and rapid manner during flight *363 and impact, and thereby qualifies under the Section 924(a)(4) definition.

Crespo v. Carvajal

District Court, E.D. New York · Nov 30, 2020

Ct. 1843 (2017), and (ii) the defense of qualified immunity jurisdictionally bars the medical care Bivens claims. (R&R at 17, 19–20, 33–36.) … Plaintiffs contend Magistrate Judge Kuo was wrong to address the question of qualified immunity at the motion to dismiss stage. Plaintiffs cite Chamberlain v.

Toomey v. MillerCoors LLC

86 F. Supp. 3d 202 · District Court, E.D. New York · Feb 17, 2015

Pecoraro is Qualified Defendant argues that Pecoraro is not qualified to testify as an expert in this case because although he “may have worked in the glass industry, ... the company he worked for did not design or manufacture … Pecoraro’s expert report clearly shows the twenty-seven items he used to render his opinions in this matter. Said *208 materials [are] sufficient to satisfy 702(b).

Mejia v. City of New York

228 F. Supp. 2d 234 · District Court, E.D. New York · Sep 5, 2002

The Memorandum and Order of October 5, 2000 extensively discussed whether defendant Airborne had probable cause for its actions regarding the arrest and prosecution of the Mejias, whether qualified immunity was available … to a private actor such as Airborne, and whether Airborne was entitled to qualified immunity in this case.

Theodat v. City of New York

District Court, E.D. New York · Sep 13, 2019

Qualified Immunity The defendants contend that Crooms is entitled to qualified immunity or, in the alternative, that the Court should have submitted special interrogatories … to the jury regarding qualified immunity.

Desir v. Board of Cooperative Educational Services

803 F. Supp. 2d 168 · District Court, E.D. New York · Mar 29, 2011

First, a plaintiff must establish a prima facie case of discrimination by demonstrating that: “(1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse employment … immunity. .

Alker v. United States

38 F.2d 879 · District Court, E.D. New York · Feb 26, 1930

the purpose in mind of establishing immunity from the estate tax by the estates of decedents dying within the period in question. … The foregoing is believed to be incompatible with any intention to establish by implication the immunity claimed from estate tax *884 on the part of the estate of the decedent for whom the plaintiffs are acting.

Zhang Jingrong v. Chinese Anti-Cult World Alliance

311 F. Supp. 3d 514 · District Court, E.D. New York · Apr 23, 2018

qualifies for the exemption . … qualifies for the (statutory conscientious objector) exemption."

Coggins v. County of Nassau

254 F. Supp. 3d 500 · District Court, E.D. New York · May 26, 2017

Vara accepted immunity in exchange for his testimony against Buonora. (Id. ¶ 92.) … In any event, Detective Barnych would be entitled to qualified immunity for his role in plaintiff’s arrest, as he was "permitted to rely on information conveyed by the other police officers at the precinct in determining

Clifford v. United States Coast Guard

915 F. Supp. 2d 299 · District Court, E.D. New York · Jan 10, 2013

(d)In classifying individuals under subsection (e)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and service and other qualifying requirements appropriate to the particular service … Here, the statute states that the agency shall issue licenses “[u]nder regulations prescribed by the Secretary,” and more importantly, that “the Secretary shall establish ... other qualifying requirements” when issuing licenses

Perkins

District Court, E.D. New York · Feb 25, 2026

Conversely, prosecutors enjoy only qualified immunity when they act as investigators. … The Levy Defendants secondarily argue that they are entitled to qualified immunity, which “shields officers from civil liability so long as their conduct does not violate clearly established

Pittman v. Mangano

District Court, E.D. New York · Jan 29, 2025

And, to the extent that he challenges Justice Mangano’s actions in presiding over the criminal case against him and sentencing a criminal defendant appearing before him, these actions are clearly within the judge’s judicial … Likewise, “[i]t is well established that a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution is immune from a civil suit for damages under § 1983.”

Sass v. MTA Bus Co.

6 F. Supp. 3d 229 · District Court, E.D. New York · Feb 14, 2014

Instead, it requires Plaintiff to establish that his termination would not have occurred had he not engaged in protected activity. … Rogge, 50 Fed.Appx. 533, 536 (3d Cir.2002) (affirming district court’s grant of Rule 50(b) motion for judgment as a matter of law granting qualified immunity to defendant, where the district court applied Supreme Court decision

McClure v. Williams

District Court, E.D. New York · Aug 26, 2024

ACS, Trojnar-Yagel, ACS Employees, and the City (together, the “Municipal Defendants”) move to dismiss for failure to state a claim, prosecutorial immunity, and qualified immunity. See Dkts. 62–64. … Lastly, NYPD Officers move to dismiss for failure to state a claim and qualified immunity.

Simpson Ex Rel. Simpson v. Uniondale Union Free School District

702 F. Supp. 2d 122 · District Court, E.D. New York · Mar 31, 2010

Section 1983 provides a remedy only for the deprivation of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. … This focus is two steps removed from the interests of individual students and parents and clearly does not confer the sort of “individual entitlement” that is enforceable under § 1983.

United Fence & Guard Rail Corp. v. Royal Guard Fence Co.

765 F. Supp. 55 · District Court, E.D. New York · Jun 18, 1991

Clearly, the operative term in this requirement is causation, linking defendants’ alleged RICO violation to plaintiff’s decline in market share. … so qualified.