Case law

Ates v. United States

District Court, E.D. New York · Oct 22, 2020

Assuming Plaintiff established standing, he fails to allege a plausible civil RICO claim. … as by sovereign immunity.

In re United States Attorney for Orders Pursuant to Title III of the Omnibus Crime Control & Safe Streets Act of 1968

784 F. Supp. 1019 · District Court, E.D. New York · Feb 14, 1992

judicial districts, to assist the courts in identifying and recommending persons who are best qualified to fill such positions.” 28 U.S.C. § 631 (b)(5). … Khan, 774 F.Supp. 748 (E.D.N.Y.1991), the determination of a motion to quash a grand jury subpoena, In re Grand Jury Proceedings Dzikowich, 620 F.Supp. 521 (D.C.Wis.1985), and the issuance of an order granting immunity to

Roberts v. Healthfirst

District Court, E.D. New York · Apr 2, 2024

To establish a violation under the ADA, Plaintiff must show (1) that she is a “qualified individual” with a disability; (2) that Defendant is subject to the ADA; and (3) that she was denied the opportunity to participate … Even assuming Plaintiff’s “pre-existing medical illness” qualified as a disability under the ADA, see ECF No. 1 at 6, Plaintiff fails to establish that Defendant discriminated against her because of her alleged disability

Evans v. Fischer

816 F. Supp. 2d 171 · District Court, E.D. New York · Sep 22, 2011

, it need not have considered the exact incarnation of that right or approved the specific theory in order for the underlying right to be clearly established”). … First, although it is clearly announcing a constitutional standard, Collins is not a Supreme Court holding and, therefore, not "clearly established” law under 2254(d) for purposes of granting habeas relief.

Mavins v. Sanchez

District Court, E.D. New York · Jun 6, 2025

Relatedly, it is well established that “[t]he doctrine of sovereign immunity bars federal courts from hearing all suits for monetary damages against the federal government, including federal agencies . . . unless sovereign … immunity has been waived.”

Player v. Sini

District Court, E.D. New York · Nov 1, 2021

Immunity 1. … Prosecutorial Immunity It is well established that prosecutors are absolutely immune from civil suits for acts committed within the scope of their official

Lynch v. Southampton Animal Shelter Foundation Inc.

971 F. Supp. 2d 340 · District Court, E.D. New York · Sep 19, 2013

. § 1983 claim because she has failed to establish the existence of any “state action” in connection with the denial of her volunteer application by the Foundation Defendants. … June 24, 2009) (“Although [an organization] may be regulated by the state and therefore some actions taken by its peace officers in performing animal control services or enforcing its regulations might qualify as state action

United States v. New York City Board of Education

448 F. Supp. 2d 397 · District Court, E.D. New York · Sep 11, 2006

Since there were at least two standard deviations between the actual and expected number of qualified test-takers, the evidence was sufficient to establish for each exam a manifest imbalance in the traditionally segregated … The Brennan intervenors do not question that retroactive seniority is appropriate for those beneficiaries who were actual victims of discrimination, nor could they in light of the clearly established Supreme Court and Second

Harrison v. Barnes

District Court, E.D. New York · Sep 13, 2024

“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. … Nov. 16, 2021) (a Section 1983 claim seeking damages against a district attorney in his official capacity is barred by Eleventh Amendment sovereign immunity).

Sneaker Circus, Inc. v. Carter

457 F. Supp. 771 · District Court, E.D. New York · Sep 20, 1978

This case is clearly such a “rare instance.” … Clearly, the United States, Korea and Taiwan had the authority to negotiate the agreements here and the plaintiffs’ claim must therefore fail.

O'Brien v. Board of Education of the Deer Park Union Free School District

127 F. Supp. 2d 342 · District Court, E.D. New York · Jan 24, 2001

(Seybert, J.), require the Court to dismiss this action as against Defendant for lack of subject matter jurisdiction on the grounds of Eleventh Amendment immunity. … In Hickman Mills, as here, the district court denied the school district’s alternative motion to amend its answer to establish a § 623(f)(2)(B)(ii) defense, finding that such amendment “clearly would not succeed on the merits

Braccica v. Northwell Health Systems

District Court, E.D. New York · Sep 24, 2024

a specific pre-existing health condition, the requirements of this section relating to COVID-19 immunization shall be subject to a reasonable accommodation of such health condition only until such immunization is found … “A plaintiff’s failure to establish a nexus between her qualifying disability and her request for an accommodation is fatal to a claim for failure to accommodate.” Mirinaviciene v.

Rosa v. Triborough Bridge and Tunnel Authority

District Court, E.D. New York · Aug 7, 2019

Thus, qualified immunity “shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The individual City Defendants’ conduct was thus well within the scope of qualified immunity. D.

Malone v. McHugh

797 F. Supp. 154 · District Court, E.D. New York · Nov 2, 1991

the decision of the New York Court of Appeals dated April 2, 1991 held that the two men were improperly employed from the start—the courts held only that they were employed for too long a period without having obtained a qualifying … also relies upon the “de facto officer doctrine” which states that the acts of one who carries out the functions of a public office under color of authority are generally valid as to third persons and the public, and hence immune

Williams v. Lafler

District Court, E.D. New York · Sep 5, 2025

Even where subject matter is established, the Court may be divested of subject matter jurisdiction in certain circumstances, such as where the defendant is immune from suit. See, e.g., Mireles v. … Such acts are clearly judicial in nature, performed in their respective judicial capacities, and are shielded by absolute judicial immunity.

Ceglia v. Schweiker

566 F. Supp. 118 · District Court, E.D. New York · May 24, 1983

Despite this evidence of total disability, 6 the ALJ determined that the plaintiff’s impairments were not sufficiently severe to qualify for an award of benefits. … As a final matter, it should be noted that the defendant does not contest plaintiffs status as a qualifying “party” under 28 U.S.C. § 2412 (d)(2)(B).

Becker v. Nassau BOCES School District

District Court, E.D. New York · Sep 29, 2022

The doctrine of qualified immunity, however, “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … A party is entitled to qualified immunity only if his or her conduct is not violative of clearly established rights which a reasonable person knew, or objectively and reasonably believed, did not violate such rights.

Walker v. Graham

955 F. Supp. 2d 92 · District Court, E.D. New York · Jul 2, 2013

“Clearly established federal law ‘refers to the holdings, as opposed to the dicta, of the Supreme Court’s decisions as of the time of the relevant state-court decision.’ ” Howard v. … AEDPA establishes a deferential standard of review: “a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established

Selzer v. Berkowitz

477 F. Supp. 686 · District Court, E.D. New York · Oct 3, 1979

All of the defendants raised the defense of qualified immunity by reason of their alleged good faith. … As plaintiff’s attorneys point out in their memoranda, Congress clearly intended that successful plaintiffs in actions brought under the Civil Rights Acts of 1871 should be able to recover attorneys fees just as successful

H.K. Huilin International Trade Co. v. Kevin Multiline Polymer Inc.

907 F. Supp. 2d 284 · District Court, E.D. New York · Nov 1, 2012

Before 1988, the diversity statute clearly afforded jurisdiction over a suit between a foreign citizen and a United States citizen. … Amendment “A failure to allege facts establishing jurisdiction need not prove fatal to a complaint,” and “[ujnless the record clearly indicates that the complaint could not be saved by any truthful amendment ...