Case law

Jimenez v. Chung

District Court, E.D. New York · Jul 10, 2024

Third (and alternatively), Defendants argue they are entitled to qualified immunity for their actions. (See id. at 9–11.) … Qualified Immunity. Defendants argue in the alternative that they are entitled to qualified immunity for their actions. (See Defs.’ Mot. 9–11.)

King v. New York State

District Court, E.D. New York · Aug 31, 2023

The only mention of “immunity” is at page 14 of Plaintiff's submission where in a single paragraph asserts that: The judge has qualified immunity when he/she follows the constitution and the law. … It is well- established that New York State has not waived its sovereign immunity from Section 1983 claims. Mamot v. Bd. of Regents, 367 F. App’x 191, 192 (2d Cir. 2010) (summary order).

Burkhardt v. Lindsay

811 F. Supp. 2d 632 · District Court, E.D. New York · Sep 19, 2011

Plaintiff clearly has failed to meet this burden. … Because the Court has found that all of plaintiff’s claims cannot survive summary judgment, the Court need not reach defendant Lindsay's argument that he is also entitled to qualified immunity.

Overton v. Newton

146 F. Supp. 2d 267 · District Court, E.D. New York · Jun 11, 2001

In sum, the prosecutor used his ten peremptory challenges to strike seventy percent (7 out of 10) of the qualified blacks in the first two rounds, including all five qualified blacks in the second round. 7 On January 23, … This requires a habeas court to “ask whether the state court’s application of clearly established federal law was objectively unreasonable,” not whether the application was erroneous or incorrect. Id.; see also Clark v.

Grullon v. Kissinger

417 F. Supp. 337 · District Court, E.D. New York · Jul 20, 1976

In short, although the action has been brought by the resident son, its purpose and intent clearly and solely is to compel issuance of a visa to the non-resident father. … That Court’s “reluctance to insulate entirely the actions of any public official from judicial scrutiny” is shared by this Court and, indeed, by practically every court which has considered the immunity apparently granted

Marsh

District Court, E.D. New York · May 21, 2026

As Commissioner of the New York State Department of Health (“NYSDOH”), he is immune from suit for damages. … To establish a violation of the Rehabilitation Act, Plaintiff must show that (1) she is an individual with a disability; (2) she is otherwise qualified for benefits under a federally funded program; and (3) she has been

Daalling v. Daalling

District Court, E.D. New York · Sep 5, 2023

As to whether the plaintiff qualifies for in forma pauperis status, that “decision . . . is left to the District Court’s discretion[.]” Fridman v. City of New York, 195 F. … district court “shall” dismiss an in forma pauperis action when the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune

White v. Corrigan

District Court, E.D. New York · Dec 17, 2020

In Forma Pauperis Application Upon review of Plaintiff=s declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence … override a state’s sovereign immunity.”

United States v. New York City Board of Education

85 F. Supp. 2d 130 · District Court, E.D. New York · Feb 9, 2000

As explained above, plaintiff has clearly made a prima facie showing of adverse impact. … eligibility list once it is established.

Fox v. Cheminova, Inc.

387 F. Supp. 2d 160 · District Court, E.D. New York · Aug 25, 2005

Moreover, as detailed below in section E, causation is clearly a genuine issue of material fact that remains to be resolved. … Rule 702 states: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience

Khanom v. Kerry

37 F. Supp. 3d 567 · District Court, E.D. New York · Jul 15, 2014

Citizenship & Immigration Servs., 531 F.Supp.2d 602, 606 (S.D.N.Y.2008) (“[T]his section ‘clearly applies only to actions brought by the United States.’ ” (quoting Reno v. … See Napolitano, 573 F.3d at 123 (describing the doctrine as “the principle that a consular officer's decision to deny a visa is immune from judicial review”).

Browne v. Ortiz

District Court, E.D. New York · Jul 31, 2019

recommended the dismissal of his claims on the basis of qualified immunity.’ … judgment on the ground of qualified immunity must, at this point, be denied.

Daniels v. United States of America

District Court, E.D. New York · Jul 10, 2023

To determine whether a prosecutor's activity is subject to absolute (or qualified) immunity requires “[a]n examination of the functional nature of the prosecutorial behavior, rather than the status … Gibaldi as barred by absolute immunity. C.

Martine MacDonald v. County of Suffolk; Suffolk County Police Department; Brandon Rieber, in his individual and official capacity as a police officer; Jeff Michaels, in his individual and official capacity as a police officer; John Does 1–10, in their individual and official capacities as police officers

District Court, E.D. New York · May 22, 2026

Qualified Immunity The Defendant Officers argue that they are entitled to qualified immunity with respect to MacDonald’s Section 1983 claims. (Mot. at 19–20.) … (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

Chisholm, II v. Supreme Court Judge, Linda Kevins (N.Y.)

District Court, E.D. New York · Jul 8, 2024

“It is well-established that New York State has not consented to Section 1983 suits in federal court . . . and that Section 1983 was not intended to override a state’s sovereign immunity.” Mamot v. … Judge Kevins’ alleged actions were clearly taken in her judicial capacity.

Art of Healing Medicine, P.C. v. Burwell

91 F. Supp. 3d 400 · District Court, E.D. New York · Mar 11, 2015

review of the overpayment determination regarding plaintiffs services, was not qualified to do so. … Other than an itemization of each beneficiary’s medication, there is little or no clearly detailed or documented treatment information in the Progress Notes....

Anderson v. Nassau County Department of Corrections

558 F. Supp. 2d 283 · District Court, E.D. New York · Mar 18, 2008

Further, the defendants state that the employment actions taken with respect to the plaintiff were not discriminatory or retaliatory and the record clearly establishes that the plaintiffs duties were legitimately altered … In order to establish a prima facie case of discriminatory failure to promote, the plaintiff must establish that: (1) she is a member of a protected class; (2) she was qualified for the job for which she applied; (3) she

Vaughn v. Consumer Home Mortg. Co., Inc.

470 F. Supp. 2d 248 · District Court, E.D. New York · Jan 22, 2007

for a federal preference; however, PHAs could not assign a higher priority to a family that did not qualify for a federal preference than to a family that did qualify for such a preference on the basis of a local preference … the relative scarcity of available funds, “an applicant who does not qualify for the federal preference as a practical matter would never be offered assistance,” the Belmont plaintiffs could not establish standing because

Scalera v. Electrograph Systems, Inc.

848 F. Supp. 2d 352 · District Court, E.D. New York · Mar 26, 2012

Id. at *5 (concluding that implicit in the definition of a “qualified individual,” codified at 42 U.S.C. § 12111 (8), “is the expectation that some accommodations are provided to do more than just permit the qualified individual … Refusal to Make a Reasonable Accommodation The parties clearly dispute whether Plaintiff actually made the two requested accommodations.

United States v. United States Currency Amounting to the Sum of Thirty Thousand Eight Hundred Dollars

555 F. Supp. 280 · District Court, E.D. New York · Jan 19, 1983

Thus, in light of the jury’s verdict, and in light of the undisputed facts as recited above, the government has clearly established the requisite cause for the belief that the defendant currency was used, or intended to be … Under our interpretation of the claimant requirement of the forfeiture statutes, appellant has not qualified as a claimant. United States v.