Case law

Jones v. Doe

District Court, E.D. New York · Mar 24, 2025

A policy or custom may be established by any of the following: (1) a formal policy officially endorsed by the municipality; (2) actions taken by government officials responsible for establishing … That amended complaint shall be clearly labeled “Amended Complaint” and shall bear the same docket number as this Memorandum and Order, 2:25-CV-00711(JMA)(ST). IV.

Ellis v. Century 21 Department Stores

975 F. Supp. 2d 244 · District Court, E.D. New York · Sep 28, 2013

The Second Circuit has held that in order to establish that she was qualified for the position, a plaintiff must establish “basic eligibility for the position at issue.” Aulicino v. … State Univ. of N.Y., 704 F.Supp.2d 202, 227 (E.D.N.Y.2010) (“It is clearly established that ‘informal complaints to supervisors constitute protected activity under Title VII.’ ” (citations omitted)); Russell v.

Gondola v. City of New York

District Court, E.D. New York · Mar 24, 2020

the defendants were entitled to qualified immunity on the false arrest and malicious prosecution claims. … immunity defense.

Annunziata v. Fanwick S.C.P.D.

District Court, E.D. New York · Jul 12, 2022

Upon review, the Court finds that Plaintiff is qualified by his financial status to proceed IFP. Accordingly, the application to proceed IFP is GRANTED. … frivolous as a matter of law when, among other things, it is based on an “indisputably meritless legal theory” or when it “lacks an arguable basis in law . . . or [when] a dispositive defense clearly

Wood v. INCORPORATED VILLAGE OF PATCHOGUE OF NY

311 F. Supp. 2d 344 · District Court, E.D. New York · Mar 31, 2004

Snyder, 264 A.D.2d 27, 33 , 702 N.Y.S.2d 5, 11-12 (1st Dep't 2000) ("It has long been recognized that few doctrines were more solidly established at common-law than the immunity of judges from liability for damages for acts … Compl. ¶ 167; and (4) "act[ed] in willful disregard of or acting with deliberate indifference to clearly established constitutional rights...." Am. Compl. ¶ 168.

Russo v. Wells Fargo Bank National Association

District Court, E.D. New York · Jul 22, 2025

Waco, 502 U.S. 9, 11 (1991) (“Like other forms of official immunity, judicial immunity is an immunity from suit, not just from ultimate assessment of damages.”). … Because a “proper dismissal of an action pursuant to Rule 41(b) does not violate the Seventh Amendment,” Plaintiff’s Seventh Amendment claims fail to establish a colorable federal controversy. Lewis v.

Ostrom v. O'HARE

160 F. Supp. 2d 486 · District Court, E.D. New York · Sep 14, 2001

Under the New York City Campaign Finance Act (the “Finance Act”), candidates for City Council may qualify for public campaign funds. … This statement of belief was clearly not a promise, and certainly was not a statement upon which plaintiffs could justifiably rely.

Rupolo v. Oshkosh Truck Corp.

749 F. Supp. 2d 31 · District Court, E.D. New York · Jun 1, 2010

A witness may be qualified as an expert “by knowledge, skill, experience, training, or education.” Fed. R.Evid. 702. … Ojalvo be found qualified to testify as an expert. This Court further rejects Defendant’s contentions that Dr.

Booker v. O'Brien

District Court, E.D. New York · Oct 16, 2019

It is well-established that judges have absolute judicial immunity from suit for their judicial actions. Mireles v. Waco, 502 U.S. 9, 11, 112 S. Ct. 286, 288, 116 L. … Ed. 2d 9 (1991) (“[J]udicial immunity is an immunity from suit, not just from ultimate assessment of damages.”).

Horton v. Trans World Airlines Corp.

169 F.R.D. 11 · District Court, E.D. New York · Sep 13, 1996

Army Defendants, however, was the assertion that, pursuant to the doctrine established in Feres v. … Army Defendants in view of the sovereign immunity implications of the Feres doctrine. Indeed, each of the U.S.

Morris

District Court, E.D. New York · Sep 11, 2026

specifically overriding immunity.” … It is well-established that Congress did not abrogate state sovereign immunity for § 1983 claims, Mallet v. N.Y. State Dep’t of Corr. & Cmty.

Edelman v. United States Government

District Court, E.D. New York · Jul 1, 2022

whether immunity had been waived. … unless such immunity is waived.”

In Re Grand Jury Subpoenas Dated Dec. 18, 1981, Etc.

561 F. Supp. 1247 · District Court, E.D. New York · Aug 20, 1982

Walco asserts that this document is covered by the work product immunity, and I agree. … Such is clearly not the case.

Gulickson v. Forest

290 F. Supp. 457 · District Court, E.D. New York · Jun 18, 1968

The privilege of agents to induce their principals to breach contracts is qualified; the agent must be acting in good faith within the scope of his authority. Navarro v. … Under the circumstances, the actions of the individual Trial Board members fit well within the bounds of immunity of agents for inducing the principal’s breach of contract.

De Figueroa v. New York State, State University of New York at Stony Brook

District Court, E.D. New York · Sep 5, 2019

Accordingly, “[t]o establish a prima facia case of FMLA retaliation, a plaintiff must establish that (1) [s]he exercised rights protected under the FMLA; (2) [s]he was qualified for [her] position; (3) [s]he suffered an … Here, there is no dispute that Plaintiff is qualified for the position that she holds.

Escobar v. City of New York

766 F. Supp. 2d 415 · District Court, E.D. New York · Feb 7, 2011

Village of Suffern, the Second Circuit noted that “Heller will not save a defendant municipality from liability where an individual officer is found not liable because of qualified immunity.” 268 F.3d 65 , 71 (2d Cir.2001 … Nov. 30, 2004) (unsupported allegations regarding city administrative policy are insufficient to establish municipal liability). When the smoke clears, two salient points emerge.

Edmond v. Longwood Central School District

District Court, E.D. New York · Sep 30, 2019

Plaintiffs’ motion is granted on the question of qualified immunity as to any of these claims and otherwise denied. … □ Supp.2d at 344.7 2 The qualified immunity question can be put to rest right here.

Heterochemical Corp. v. Food & Drug Administration

644 F. Supp. 271 · District Court, E.D. New York · Sep 23, 1986

The FDA moves to dismiss this action on the ground that its decision to enforce or not to enforce is immune from judicial review. This argument is predicated entirely on Heckler v. … Unlike Dunlop , as Chaney clearly held, the FDA is not required to investigate possible violations of the FDCA.

Williams v. Woodhull Medical & Mental Health Center

891 F. Supp. 2d 301 · District Court, E.D. New York · Aug 27, 2012

Kastell, Fish-kin, and Urcuyo are entitled to qualified immunity on plaintiff's due process claims. … Rio, 496 F.3d 139, 154 (2d Cir.2007) (If a government official’s conduct violates no constitutional right, "there is no necessity for further inquiries concerning qualified immunity.”).

Melzer v. Board of Education of the City School District of the City of New York

176 F.R.D. 71 · District Court, E.D. New York · Oct 16, 1997

Magistrate Judge Go noted that the deliberative process privilege is a qualified and not an absolute privilege and may yield if the reasons for disclosure outweigh those offered in opposition. … “It is clearly established that a State may not discharge an employee on a basis that infringes that employee’s constitutionally protected interest in freedom of speech.” Rankin v.