Case law

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.

Haskins v. SCCF

District Court, E.D. New York · May 19, 2025

Any amended complaint shall be clearly labeled “Amended Complaint” and shall bear the same docket number as this Order, 25-CV-01536(GRB)(AYS). … Any amended complaint shall be clearly labeled “Amended Complaint” and shall bear the same docket number as this Order, 25-CV- 01536(GRB)(AYS).

Bay Ridge Diagnostic Laboratory, Inc. v. Dumpson

400 F. Supp. 1104 · District Court, E.D. New York · Aug 14, 1975

Clearly, then, the services provided by plaintiffs come within the scope of “medical assistance” under Subehapter XIX. … in accordance with the fee schedules established by the state.

L.I. Head Start Child Development Services, Inc. v. Economic Opportunity Commission of Nassau County, Inc.

820 F. Supp. 2d 410 · District Court, E.D. New York · Oct 20, 2011

The applicable rule was clearly set forth by Judge Scheindlin in Santoro v. … The rule as to the “certainty” of damages was clearly set forth in Boyce v. Soundview Tech.

Govan v. The State of New York

District Court, E.D. New York · Jan 8, 2025

New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983. See Trotman v. … Aug. 29, 2024) (“To qualify for equitable tolling, the plaintiff must establish that extraordinary circumstances prevented him from filing his claim on time, and that he acted with reasonable diligence throughout the

Borisova v. Friberg

District Court, E.D. New York · Sep 25, 2020

However, “a defendant asserting a qualified immunity defense on a motion to dismiss ‘faces a formidable hurdle . . . … [and] will succeed only where entitlement to qualified immunity can be established “based [solely] on facts appearing on the face of the complaint.” Barnett v. Mt. Vernon Police Dept., 523 F.

Francis v. Wyckoff Heights Medical Center

177 F. Supp. 3d 754 · District Court, E.D. New York · Mar 30, 2016

Given her record of absenteeism, Plaintiff cannot establish that she was-“otherwise qualified” through evidence that she was a capable EDT on those occasions when she did show up for work. … Given Plaintiffs failure to demonstrate that she was “otherwise qualified,” she has not established a prima facie case of disability discrimination under the ADA.

Pena v. Suffolk County Police Department

District Court, E.D. New York · Aug 27, 2021

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 … frivolous as a matter of law when, inter alia, it is based on an “indisputably meritless legal theory” or when it “lacks an arguable basis in law . . ., or [when] a dispositive defense clearly

Klein v. Lakeview Fire District

District Court, E.D. New York · Sep 26, 2022

Qualified Immunity Defendants assert that the Individual Defendants are shielded from liability by the doctrine of qualified immunity. … The second part of the qualified immunity analysis requires the Court to consider “whether [the] right is clearly established”— i.e., “whether it would be clear to a reasonable officer

McClarin v. The City of New York

District Court, E.D. New York · Sep 8, 2023

The jury’s resolution of that issue likewise precludes qualified immunity. See Rivera v. … (“Qualified immunity is unavailable where, as here, the action violates an accused’s clearly established constitutional rights, and no reasonably competent police officer could believe otherwise.”).

Elliot-Leach v. New York City Department of Education

201 F. Supp. 3d 238 · District Court, E.D. New York · Aug 12, 2016

To establish a pñma facie case of FMLA retaliation, Plaintiff must show that: 1) she exercised rights protected under the FMLA; 2) she was qualified for her position; 3) she suffered an adverse employment action; and 4) the … Plaintiff has established the first three of these elements, since she did exercise rights afforded by the FMLA, she was terminated, and under the “not exacting” standard of “basic qualifications,” she is clearly a “qualified

Kology v. My Space NYC Corp.

177 F. Supp. 3d 778 · District Court, E.D. New York · Apr 11, 2016

The remaining evidence-facts asserted in Kology’s affidavit that are not disputed in Hochmaris affidavit or reply affidavit — clearly demonstrates that My Space was Kology’s employer for the duration of their relationship … The formation of Atlantis — an entity whose sole purpose was to receive Kolo-gy’s compensation — was a change in form, not substance; it does not immunize My Space from liability under the employment discrimination laws.

Hollman v. Taser International Inc.

928 F. Supp. 2d 657 · District Court, E.D. New York · Mar 8, 2013

(See Man-ion Report at 9-12.) 10 Manion clearly has the qualifications necessary, under the liberal standard of Rule 702, to testify regarding Cox’s cause of death. … New York law clearly imposes a post-sale duty to warn on manufacturers. See Cover v.

United States v. Christian

111 F. Supp. 3d 287 · District Court, E.D. New York · Jun 24, 2015

To qualify as a “continuing unit,” the enterprise need not be engaged in incessant activity. … Therefore, the evidence presented at trial was clearly sufficient to establish a drug-distribution enterprise operated, at least in part, by defendants as a cohesive racketeering unit. b.

O'NEAL v. County of Nassau

992 F. Supp. 524 · District Court, E.D. New York · Mar 31, 1997

privilege, or immunity secured by the Constitution or the laws of the United States. … The plaintiff has failed to establish the deprivation of a constitutional right. 2.

Chou v. New York State Board of Elections

332 F. Supp. 2d 510 · District Court, E.D. New York · Aug 25, 2004

CONCLUSION Plaintiffs, having established their right to relief, are entitled to a declaratory judgment that the witness residence requirement of Section 6-140(l)(b) violates the First and Fourteenth Amendments to the United … New York Election Law § 6 — 140(l)(b) provides that a petition witness must be "a duly qualified voter of the state and ... qualified to sign the petition.”

Berkman v. City of New York

580 F. Supp. 226 · District Court, E.D. New York · Dec 8, 1983

(The other women qualifying for appointment were held back for additional training.) … As established by the testimony at trial of Dr.

Julian v. New York City Transit Authority

857 F. Supp. 242 · District Court, E.D. New York · May 6, 1994

To establish a claim of age discrimination, a plaintiff must show that he or she (1) was between 40 and 70 years of age; (2) was qualified for a particular position; (3) was not hired for, or fired from, the position; and … conspiracy where the plaintiff demonstrates: (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

Dillard

District Court, E.D. New York · Nov 13, 2025

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether a plaintiff qualifies for IFP status, and then considers the … In order to establish a claim that the denial of food constitutes a constitutional deprivation, a prisoner must establish that a “sufficiently serious condition” resulted from not receiving food. Evans v.

Lehmuller v. Incorporated Village of Sag Harbor

944 F. Supp. 1087 · District Court, E.D. New York · Nov 11, 1996

Moreover, the defendants have not disputed that Lehmuller was qualified for her job or that she suffered an adverse employment decision, namely she was denied light duty. … person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States to ... the deprivation of any rights, privileges, or immunities