Case law

Dickerson v. Dickerson

District Court, E.D. New York · Sep 21, 2023

Instead, she is entitled to immunity because she “clearly ha[s] jurisdiction over cases like” Brandon’s, even if she ultimately does “not have jurisdiction over [Brandon’s] case itself … “[I]t is well-established,” however, “that court-appointed attorneys performing a lawyer’s traditional functions as counsel . . . do not act ‘under color of state law’ and therefore are not subject to suit under 42

Reed v. Suffolk CTy Corrections

District Court, E.D. New York · Feb 9, 2023

It is well-established that a municipality, like the County, cannot be held liable under Section 1983 on a respondeat superior theory. Monell v. Dep’t of Soc. … Any Amended Complaint shall be clearly labeled “Amended Complaint” and shall bear docket number 22-CV-7579(JS)(ST).

Orshan v. Anker

489 F. Supp. 820 · District Court, E.D. New York · May 7, 1980

Following a qualifying examination held in June 1969, he received a license for the position of principal and was assigned to that position at Julia Richman High School effective September 3, 1969. Pursuant to N.Y. … On that issue there clearly exist genuine questions of fact that preclude a grant of summary judgment.

Canario v. Byrnes Exp. & Trucking Co., Inc.

644 F. Supp. 744 · District Court, E.D. New York · Sep 16, 1986

Insolvency is defined in the statute. 8 Establishing insolvency under § 1405(d) does not require statutory interpretation or other skills beyond an arbitrator’s expertise or jurisdiction. … Despite plaintiffs’ arguments, the Court is persuaded by the cases that hold corporate officers and stockholders immune from a corporate employer’s withdrawal liability. See Solomon v.

Hough

District Court, E.D. New York · Jan 29, 2026

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 merits … Section 1983 “creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. James, 13 F.3d 515, 519 (2d Cir. 1993).

Ramirez v. Senkowski

7 F. Supp. 2d 180 · District Court, E.D. New York · May 20, 1998

• • • [pjlaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights.’). 497 … The first prohibits the grant of habeas corpus unless the State court decision is “contrary to clearly established’[Supreme Court] law.”

Faulkner v. Clifford

289 F. Supp. 895 · District Court, E.D. New York · Sep 9, 1968

The cases decided under the Fifth Amendment indicate clearly that such limits on Congressional power do exist. … The Defendants have also raised the question of sovereign immunity,, asserting that by 50 U.S.C.

Jacobs v. Surrogate's Court, Queens County and Kings County

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

An action is frivolous when “either (1) ‘the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy;’ or (2) ‘the claim is based on an indisputably meritless legal theory … May 18, 2010) (summary order) (noting that state courts, as arms of the State, are immunized from suit); see also N.Y. CONST. art. 6, § 1 (establishing the unified court system).

Tillman v. Verizon New York, Inc.

118 F. Supp. 3d 515 · District Court, E.D. New York · Jul 30, 2015

In addition, Tillman fails to point to any evidence of a vacant position for which she was qualified. … , she was qualified for the position at issue.”

Eckert v. Suffolk County Jail

District Court, E.D. New York · Feb 27, 2020

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.” … Any amended complaint must be clearly labeled “Amended Complaint”, bear the same docket number as this Order, 19-CV-6991(JMA)(SIL), and shall be filed within thirty (30) days from the date of this Order.

United States v. Certain Real Property & Premises Known as 890 Noyac Road

739 F. Supp. 111 · District Court, E.D. New York · Jun 19, 1990

In proposing the new amendment, Senator Dole said, “[i]t is intended that, in order to establish the innocent owner exemption, the property owner must establish all three circumstances— i.e., that the owner lacked knowledge … This, in turn, raises the question of whether consent obtained through duress qualifies as “consent” under the statute.

Dejoie

District Court, E.D. New York · May 15, 2026

an in forma pauperis action where it is satisfied that the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … For the Court to consider granting Dejoie’s motion, she must clearly “establish (1) irreparable harm; (2) either (a) a likelihood of success on the merits, or (b) sufficiently serious questions going to the merits of its

Fernandes

District Court, E.D. New York · Mar 25, 2026

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.

Warmsley v. New York City Transit Authority

308 F. Supp. 2d 114 · District Court, E.D. New York · Feb 20, 2004

A ’100% healed’ or ‘fully healed’ policy discriminates against qualified individuals with disabilities because such a policy permits employers to substitute a determination of whether a qualified individual is ’100% healed … That an individual cannot establish a property interest in employment simply has no bearing on an ADA claim.

Davi v. Roberts

District Court, E.D. New York · May 28, 2021

They argued only that Davi’s First Amendment rights were not violated and, in the alternative, that the individual defendants were entitled to qualified immunity. See ECF Nos. 93, 99. … Restoration of pension credits for the period of his suspension falls more clearly into the latter category and is therefore unavailable against the defendants in their official capacities.

Black v. Consolidated Freightways Corp. of Delaware

219 F. Supp. 2d 243 · District Court, E.D. New York · Jun 3, 2002

The parties subsequently agreed to dismiss the case vis-a-vis Freeman, because it is “immune from suit pursuant to the Workers’ Compensation Law.” (Friedman Aff. ¶ 3.) … Similarly, the expert is viewed, not in a narrow sense, but as a person qualified by ‘knowledge, skill, experience, training or education.' " (emphasis added). .

Leone v. United States

715 F. Supp. 1182 · District Court, E.D. New York · Jun 27, 1989

Part 65) are “established by law” and therefore binding on AMEs. … Those cases clearly state a rationale for vicarious federal liability which was meant to be applied to a wide range of factual situations, and which was clearly not meant to be inapplicable merely because a particular set

Covey v. Simonton

481 F. Supp. 2d 224 · District Court, E.D. New York · Apr 4, 2007

If, as plaintiffs allege, they can establish that Ms. … The Simonton defendants argue that the testimony of Lindsay Covey, 12 Diana Si-monton and non-party witness Luis Viera “clearly establishes] that the Pahountis vehicle came to stop alongside the mattress,” in violation of

Gross v. Intratek Computer Inc.

District Court, E.D. New York · Jan 10, 2023

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether plaintiff qualifies for in forma pauperis status, and then considers … Secretary, Establishment Div., Gov’t of People’s Republic of Bangl., 481 F.

Fleming v. MaxMara USA, Inc.

644 F. Supp. 2d 247 · District Court, E.D. New York · Jun 30, 2009

Unlike Title VII, however, the NYCRL allows liability to attach for harassing conduct that does not qualify as “severe or pervasive.” In Williams v. … The parties dispute whether plaintiff was adequately qualified. Def.'s Mem. In Supp. at 14 n. 11; Pl.’s Mem. In. Opp. at 47.