Case law

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.

Jones v. "Fireball"-Class Action Suit

District Court, E.D. New York · Aug 30, 2023

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether plaintiff qualifies for in forma pauperis status, and then considers … Any amended complaint shall be clearly labeled “Amended Complaint” and shall bear the same docket number as this Order, 23-CV-1564(GRB)(ST).

Brown v. Baldwin Union Free School District

603 F. Supp. 2d 509 · District Court, E.D. New York · Mar 20, 2009

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 was discharged; and (4) his discharge occurred under circumstances giving … Indeed, the Supreme Court has held that municipalities are immune from punitive damages except where expressly authorized by statute. See, e.g., City of Newport v.

Barella v. Village of Freeport

296 F.R.D. 102 · District Court, E.D. New York · Nov 8, 2013

The Plaintiff also asserts that, during Hardwick’s four years as Mayor of the Village, he systematically hired and promoted less qualified and less experienced African-American and Hispanic employees over more qualified and … The Court finds that Judge Wall’s August 29, 2013 order was not “clearly erroneous” or “contrary to law” in any way. Therefore the Court affirms that order in all respects. II.

Levine v. Smithtown Central School District

565 F. Supp. 2d 407 · District Court, E.D. New York · Jul 14, 2008

Levine to clearly articulate the guidelines concerning a classification of special education and the reasons why a student may not be eligible. … Lyme’s [sic] Disease: I suffered from Lyme’s [sic] Disease which lowers my immunity system. The concussion which I sustained in October 2002[sic] was worsened by the existence of my Lyme’s [sic] Disease.

Davi v. Roberts

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

“A state actor charged under § 1983 with violating a plaintiff’s constitutional rights is entitled to have the action dismissed on the basis of qualified immunity if at the time of the challenged conduct there was no ‘clearly … immunity.

Goldberg v. Carey

462 F. Supp. 872 · District Court, E.D. New York · Dec 21, 1978

Finally, plaintiffs allege that the implementation of Section 678 effectively deprives them of “substantial rights, privileges, or immunities.” … affidavit to this Court, (affidavit at 14) that “in the Superintendent’s view” any such payments “would necessarily be the result of an implied, if not an ‘express’ request for them” and that “[s]uch an implied request would clearly

Garcia Jimenez v. County of Suffolk

District Court, E.D. New York · Mar 28, 2025

Supp. 3d 21, 28 (E.D.N.Y. 2016) (cautioning that while qualified immunity is a shield from suit, a district court “must approach the issue of qualified immunity with particular caution when it is raised in a motion under … not be protected by qualified immunity.”)

T.S. Haulers, Inc. v. Town of Riverhead

190 F. Supp. 2d 455 · District Court, E.D. New York · Mar 26, 2002

Second, it is not necessary for the plaintiff to make the exact correlation demanded by the defendants in order to establish the similarly situated factor. See Dartmouth Review, 889 F.2d at 19 . … The Defendants’ Claims of Immunity The individual defendants move to dismiss the amended complaint on the ground of absolute and qualified immunity.

Laurenti v. Water's Edge Habitat, Inc.

837 F. Supp. 507 · District Court, E.D. New York · Jun 28, 1993

for and were qualified to rent the apartment; (3) they were rejected; and (4) the apartment remained available. … Plaintiffs argue that irreparable harm is presumed whenever a claim of housing discrimination is established.

Aerovox Corp. v. Micamold Radio Corp.

15 F. Supp. 279 · District Court, E.D. New York · May 14, 1936

Aerovox Corporation; 77 F.(2d) 266 ), because it agreed with this court that Mallory’ was entitled to immunity under the structure patent 1,789,949, and it further held that such immunity also applied to the electrolyte patent … Concourse Electric Co., supra, and clearly applies to each of the four electrolytes and processes of the defendant.

Davi v. Roberts

District Court, E.D. New York · Mar 3, 2021

Moreover, the individual defendants argue that they are entitled to qualified immunity because “at the time of the challenged conduct there was no clearly established law that such conduct constituted a constitutional violation … But although qualified immunity may foreclose liability based on a novel application of the Pickering balancing test, see id. at 583, the Second Circuit has held that qualified immunity does not apply when there is

Carter v. Newsday, Inc.

528 F. Supp. 1187 · District Court, E.D. New York · Oct 1, 1981

The Burdine Court clearly stated that “the employer has discretion to choose among equally qualified candidates, provided the decision is not based upon unlawful criteria.” 101 S.Ct. at 1096-97 . In Griggs v. … It would be unreasonable to take that form letter statement as continuing life to a clearly rejected application.

O'Connor v. United States Fencing Ass'n

260 F. Supp. 2d 545 · District Court, E.D. New York · May 5, 2003

O’Connor of the risks she was assuming such that her intent to extinguish liability for USFA’s negligence was clearly and unambiguously expressed. … As the Court of Appeals noted in Schultz , rules governing “immunities from suit” (like the waiver at issue here), “relate to allocating losses that result from admittedly tortious conduct.”

Woods v. Sturim

District Court, E.D. New York · Oct 13, 2022

However, the Supreme Court has established that habeas relief is the exclusive remedy in federal court for a state prisoner seeking release from custody. See Preiser v. … Thus, Plaintiff’s damages claims are clearly barred by the Eleventh Amendment. See, e.g., Gilhooly v. Quiros, 21-CV- 0140, 2022 WL 252410, at *6 (D. Conn.

Tillim v. Huntington Housing Authority

97 F. Supp. 2d 290 · District Court, E.D. New York · May 11, 2000

The HHA is a municipal housing authority established under New York State Public Housing Law § 472. … According to Jackson Dairy, the movant must clearly establish the following: “(a) irreparable harm; and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make

Thompson v. The City of New York

District Court, E.D. New York · May 18, 2023

Alternatively, the Court holds that Defendant is entitled to qualified immunity in bringing that charge. … immunity).

Thompson v. Hernandez

District Court, E.D. New York · Mar 5, 2020

Defendants argued that the circumstances surrounding the exchange of money entitle Hernandez to qualified immunity. … Thus, Hernandez is entitled to qualified immunity for the stops. III.

L.B. v. The City of New York

District Court, E.D. New York · Mar 12, 2025

Defendants’ only other argument is that any constitutional violation is not clearly established such that qualified immunity for the individual defendants is warranted. See Defs.’ Mot. 11–12; Defs.’ … Because qualified immunity is an affirmative defense, “[d]efendants bear the burden of establishing qualified immunity.” Garcia v. Does, 779 F.3d 84, 92, 97 (2d Cir. 2015).

Free Libertarian Party, Inc. v. Spano

314 F. Supp. 3d 444 · District Court, E.D. New York · May 18, 2018

Accordingly, plaintiffs have established their standing to challenge New York Election Law Section 6-140(1)(b). C. … That being said, restrictions on "core political speech so plainly impose a 'severe burden' that application of strict scrutiny clearly will be necessary." Id. (quoting Buckley v. Am.