Case law

Rivas Morales v. Nassau County Corrections

District Court, E.D. New York · Oct 13, 2021

Upon review of the declarations accompanying Plaintiff’s application to proceed in forma pauperis, the Court finds that Plaintiff’s financial status qualifies him to commence this action without prepayment of the filing … Second, “the conduct complained of must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.”

Platsky v. Studeman

829 F. Supp. 567 · District Court, E.D. New York · Aug 16, 1993

[W]e have said that to be “adversely affected or aggrieved ... within the meaning” of a statute, the plaintiff must establish that the injury he complains of (his aggrievement, or the adverse effects upon him) falls within … In situations where there has been no illegal activity, where there’s no indication that's able to have been created, no indictments have been brought down where these organizations are clearly functioning within the limits

Greene v. The City of New York

District Court, E.D. New York · Aug 6, 2019

Defendants assert qualified immunity and argue that, on the whole, Plaintiffs suffered only de minimis injuries. … Defendants argue that they are entitled to qualified immunity and the New York State doctrine of governmental immunity. (Mem. at 29-30.)

Keyer v. Civil Service Commission of City of New York

397 F. Supp. 1362 · District Court, E.D. New York · Jul 29, 1975

It applies to “[ejvery person” whose “rights, privileges, or immunities secured by the Constitution and laws” have been denied him under color of State law. Sampson v. … “At the time of appointment, a candidate must qualify for appointment as Special Patrolman by the New York City Police Department.

Novak v. TRW, INC.

822 F. Supp. 963 · District Court, E.D. New York · Jun 2, 1993

. § 1140 : In order to sustain a § 510 claim, a plaintiff must establish a prima facie case of unlawful termination by showing that he: (1) belongs to a protected group; (2) was qualified for the position; and (3) was discharged … However, it is clearly within the discretion of the Administrative Committee to determine the eligibility of each claim on a case-by-case basis.

Williams v. Mangano

District Court, E.D. New York · Jan 11, 2021

It is clearly established that “a search must be reasonably related in scope to the circumstances which justified the interference in the first place.” United States v. … Accordingly, Bourguignon is not entitled to qualified immunity for this claim.

Leroy v. Hume

District Court, E.D. New York · Aug 12, 2021

otherwise prohibit the healthcare professionals who are a ‘qualified person’ from prescribing, dispensing, or administering COVID-19 vaccines is preempted.” 86 Fed. … Here, by contrast, the PREP Act is raised only as an immunity defense, and “the immunity question is not an element of [p]laintiffs’ state-law causes of action.”

Aigbekaen v. Nielson

District Court, E.D. New York · Mar 29, 2021

Defendants claim protection under the doctrine of qualified immunity (among other things). … For the reasons set forth below, this Court agrees that qualified immunity compels dismissal of Plaintiff’s claims.3 Qualified immunity shields government officials

Miranda v. South Country Central School District

District Court, E.D. New York · May 21, 2020

Qualified Immunity In their reply memorandum, defendants for the first time claimed qualified immunity for the individual defendants, pointing to the absence of controlling … See Naumovski, 934 F.3d at 211 (“When analyzing whether the right violated was ‘clearly established,’ the Supreme Court has repeatedly (and recently) reminded us that clearly established law must be ‘particularized’ to

Doe v. State University of New York at Stony Brook

District Court, E.D. New York · Mar 30, 2021

conflicts of interest is not clearly established. … Finally, Doe argues that Orlich and Santiago are not entitled to qualified immunity for either Santiago’s dual roles or for acting to sanction Doe for clearly consensual sexual activity that was not included in the female

Garramone v. SUNY - Stony Brook Un. Hospital

District Court, E.D. New York · Jul 11, 2023

Upon review, the Court finds that Plaintiff’s reported financial position qualifies her to proceed with this action without prepayment of the filing fee. … It is well-established that this immunity extends to alter egos of the State such as SUNY. See Gasparik v. Stony Brook Univ., 296 F. App’x 151 (2d Cir. 2008); Dube v.

Coppedge v. New York State

District Court, E.D. New York · Jan 6, 2022

Plaintiff’s In Forma Pauperis Application is Granted The Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing … First, to the extent Plaintiff asserts any claims against the State of New York, “[i]t is well established that ‘New York State has not waived its sovereign immunity from Section 1983 claims

Haskell v. Cuomo

District Court, E.D. New York · Mar 8, 2021

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.”

Ulrich v. Mane

383 F. Supp. 2d 405 · District Court, E.D. New York · Aug 25, 2005

Here, the plaintiffs assert that the 7,500 signature requirement established by N.Y. Elec. … However, the demonstrated paucity of Republican primary challenges in New York City races clearly suggests the hardship that the 7,500 signature requirement creates for candidates who are not backed by the party establishment

Dubic v. Norbert of 609 Centerwood West Babylon NY 11704

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

It is well-established that Section 1983 “excludes from its reach merely private conduct, no matter how discriminatory or wrongful.” Am. Mfrs. Mut. Ins. Co. v. … Any amended complaint must (1) be clearly labeled “Amended Complaint,” (2) bear the docket number for this case, 24-CV-4987(JMA)(AYS), and (3) be filed by November 8, 2024.

McKithen v. Brown

565 F. Supp. 2d 440 · District Court, E.D. New York · Jul 21, 2008

Section E.4 — would seem to qualify. … of judgment required by his public trust”); id. at 424 , 96 S.Ct. 984 (finding reasons underlying common-law immunity justified implying immunity under § 1983).

Lall v. City of New York

District Court, E.D. New York · Mar 5, 2021

Defendants’ assertion of qualified immunity also fails at this stage. I. Plaintiff’s Claims Against the City of New York Are Dismissed. … Defendants’ Qualified Immunity Claims are Denied at this Stage. “Qualified immunity protects public officials from legal actions brought under 42 U.S.C.

Jenkins v. County of Nassau

District Court, E.D. New York · May 18, 2021

Qualified Immunity Defendants raise the issue of qualified immunity. … Whether an official is protected by the doctrine of qualified immunity depends on “whether a reasonable officer could have believed [the] search to be lawful, in light of clearly established law and the information the

Halfond v. Legal Aid Soc. of City of New York

70 F. Supp. 2d 155 · District Court, E.D. New York · Sep 2, 1998

The Prima Facie Case To establish a prima facie case of age discrimination, plaintiffs must show (1) that they are members of the protected class; (2) that they were qualified for their positions; (3) that they were discharged … The lack of Summary Sheets — or their equivalent — in any of the other supervisors’ files is troubling, particularly where, as here, Legal Aid clearly knew that its decision would be subject to scrutiny.

Aj Ex Rel. Clj v. Board of Educ.

679 F. Supp. 2d 299 · District Court, E.D. New York · Jan 8, 2010

Clearly they do not since [A.J.] is progressing well academically. … (c) Plaintiffs have not met Their Burden of Establishing that A.J.'