Case law

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.

Sorrentino v. Lloyd

528 F. Supp. 1119 · District Court, E.D. New York · Dec 30, 1981

would appear to be dispositive: “Nothing in the history of the statute indicates that Congress’ purpose was to insure the exercise of the personal discretion of the deputy commissioner as distinguished from that of a duly qualified … Nevertheless, section 702.315 clearly indicates that the absence of a formal compensation order in no way diminishes the significance of an informal settlement as a final disposition of the respective rights of the parties

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.

Squire v. Brooks

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

First, “Section 1983 does not abrogate the Eleventh Amendment immunity of the States.” Id. Second, New York has not waived its immunity from suit. See Harrison v. New York, 95 F. … Supp. 3d 293, 314 (E.D.N.Y. 2015) (“It is well established that New York State has not waived its sovereign immunity from Section 1983 claims.”

Ezuma v. City University of New York

665 F. Supp. 2d 116 · District Court, E.D. New York · Mar 27, 2009

Although the obligation placed upon departmental chairs under the College’s policy is broad, it cannot be the case that the adoption of an anti-harassment policy with mandatory reporting obligations immunizes the organization … The record shows that the decision itself was clearly made and communicated earlier, as various members of the Department formally protested it by a resolution signed in May, 2004.

United States v. Rios-Paz

808 F. Supp. 206 · District Court, E.D. New York · Dec 22, 1992

Thus, the additional one level reduction is clearly a change in Guideline § 3E1.1, not a clarification of the earlier guideline, and cannot be retroactively applied under that theory. … The pre-sentence report properly established a base offense level of 32 under Guideline § 2D1.1(a)(3), (c)(6), based on the 6.933 kilograms linked to Rios-Paz.

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.

Charles for Charles v. Schweiker

569 F. Supp. 1341 · District Court, E.D. New York · Aug 5, 1983

Thus, because the March 9, 1981 order of filiation clearly meets the first part of this test, and because Mr. Austin’s repeated acknowledgments to Ms. Charles, his mother and his sister that Ms. … Charles was pregnant with his child (Tr. at 32,. 57, 59, 98) satisfy the second part of the test, Adele has established her entitlement to child’s benefits under the new law.

McGuiness v. East West Industries

857 F. Supp. 2d 259 · District Court, E.D. New York · Apr 10, 2012

Such leave may be taken in “separate blocks of time due to a single qualifying reason.” 29 C.F.R. § 825.203 (a); see Barron v. Runyon, 11 F.Supp.2d 676, 679 (E.D.Va.1998). … FMLA Claim Although Plaintiffs complaint does not clearly indicate whether he alleges a claim for FMLA interference or retaliation, his summary judgment papers make clear that the claim he states is for retaliation.

Saunders v. Cavada

District Court, E.D. New York · Sep 25, 2024

Detective Cavada is entitled to summary judgment on plaintiff’s false-arrest, false- imprisonment, and malicious-prosecution claims on qualified immunity grounds, because arguable probable cause supported plaintiff … In the alternative, Judge Marutollo determined that even if Detective Cavada lacked probable cause, he would still be entitled to summary judgment on qualified immunity grounds. Id. at 17.

United States v. United States Currency in the Sum of Six Hundred Sixty Thousand, Two Hundred Dollars

438 F. Supp. 2d 67 · District Court, E.D. New York · Jul 13, 2006

Sullivan, the Second Circuit established that the cost of living increase allowed under the EAJA is properly measured by the Consumer Price Index (“CPI”). 968 F.2d 263, 265 (2d Cir.1992). … Despite the fact that Solimán also sought fees under the EAJA using the identical breach of contract argument, I found that CAFRA clearly evinced Congress’ intent that a convicted claimant could not recover in any matter

Cutler v. 65 Security Plan

831 F. Supp. 1008 · District Court, E.D. New York · Jul 2, 1993

Clearly this is not what Congress intended when it enacted Article I, § 8, Cl. 4 of the Constitution, which provides that “Congress shall have the power ... to establish ..'. uniform laws on the subject of bankruptcies.” … This is clearly the most desirable option for all concerned. IV. CONCLUSION All action against the Fund or its participants or beneficiaries is stayed.

McMunn

District Court, E.D. New York · May 13, 2026

Qualified Immunity Qualified immunity protects an official from Section 1983 liability if their conduct does not “violate clearly established statutory or constitutional … “When evaluating whether qualified immunity applies, the court must engage in a two-part inquiry: 1) whether the constitutional right has been violated; and 2) whether that right was clearly established at the time of

Gorman v. Polar Electro, Inc.

137 F. Supp. 2d 223 · District Court, E.D. New York · Apr 17, 2001

Polar emphasizes that the plaintiff also has not met his burden of setting forth sufficient facts to establish all the elements of the privilege. … The district court reviews such orders under the ‘clearly erroneous or contrary to law’ standard.” Thomas E. Hoar, Inc. v.

Arrocha v. City University of New York

878 F. Supp. 2d 364 · District Court, E.D. New York · Jul 8, 2012

Perhaps, for example, in a rare case, an employer would rehire a formerly discharged employee who had clearly demonstrated that his previously perceived inadequacies had been remedied. … Importantly, the complaint does not allege that Arrocha is more qualified in any notable way than he was in 2000, let alone so much more qualified by newly acquired teaching experience that.

Nicomedez v. City of New York

District Court, E.D. New York · Sep 28, 2020

City of New York, 996 F.2d 522, 529 (2d Cir. 1993) (“To the extent that such a claim is asserted against him in his individual capacity, he may assert privileges of absolute or qualified immunity but may not assert immunity … “A police officer cannot be held liable in damages for failure to intercede unless such failure permitted fellow officers to violate a suspect’s ‘clearly established statutory or constitutional rights’ of which a reasonable

Meyer v. State of New York Office of Mental Health

174 F. Supp. 3d 673 · District Court, E.D. New York · Mar 28, 2016

With respect to a discrimination claim based. on a failure to hire, a plaintiff must establish by a preponderance of the evidence that “she applied for an available position for which she was qualified, but was rejected under … LEXIS 76511 , at *19 (“In the absence of a clearly demonstrated nexus to an adverse employment action, stray workplace remarks are insufficient to defeat a summary judgment motion.”).

Squire v. New

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

First, “Section 1983 does not abrogate the Eleventh Amendment immunity of the States.” Id. Second, New York has not waived its immunity from suit. See Harrison v. New York, 95 F. … Supp. 3d 293, 314 (E.D.N.Y. 2015) (“It is well established that New York State has not waived its sovereign immunity from Section 1983 claims.”

Gerardi v. Huntington Union Free School District

124 F. Supp. 3d 206 · District Court, E.D. New York · Aug 25, 2015

In addition, the Plaintiff testified that Michael Rispoli and Bonilla were “more so qualified than 'the other choices from me” and that they were “technically” qualified for the- job. (Morelli Deck, Ex. B, at 235:4-14.) … Accordingly, the Court finds that the Plaintiffs NYSHRL claim is clearly time-barred.