Case law

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.

Kendrick v. Brooklyn District Attorney's Office

District Court, E.D. New York · Apr 29, 2025

He also alleges that the Brooklyn District Attorney’s Office, under the direction of DA Gonzalez, established and maintained certain enumerated “policies, practices, and customs” that caused the alleged constitutional … Plaintiff’s claims, which seek money damages against DA Gonzalez and the ADAs, clearly relate to the pending prosecution against Plaintiff and fit squarely within the ambit of prosecutorial functions.

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). .

Cordero v. City of N.Y.

282 F. Supp. 3d 549 · District Court, E.D. New York · Oct 17, 2017

Transit Authority , 124 F.3d 123 , 129 (2d Cir. 1997) (finding qualified immunity precludes liability for failure to intercede *563 unless the violation is of a "suspect's clearly established statutory or constitutional rights … To grant summary judgment on qualified immunity grounds a "defendant must show that the only result a fair jury could reach is that reasonably competent police officers, faced with the information available to the non-intervening

Booker v. Suffolk County Department of Corrections

District Court, E.D. New York · Nov 15, 2023

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether a plaintiff qualifies for in forma pauperis status, and then considers … Any amended complaint shall be clearly labeled “Amended Complaint” and shall bear the same docket number as this Order, 23-CV-7732(GRB)(AYS).

Somerville v. Conway

281 F. Supp. 2d 515 · District Court, E.D. New York · Aug 13, 2003

In the present case, respondent contends that looking to the Maryland indictment is proper because it demonstrates that the criminal act petitioner committed would qualify as a violent felony under New York law. … With all due respect, the New York Court of Appeals decision was an unreasonable application of clearly established Supreme Court precedent as set forth in Strickland . V.

The Research Foundation for the State University of New York v. Telluric Labs, LLC

District Court, E.D. New York · Aug 6, 2024

In that case, however, the Court concluded that Eleventh Amendment immunity “had been clearly established” and yet counsel continued to pursue the plaintiff’s claims. … Here, there is no evidence that SUNY’s immunity was clearly established, nor was such a determination made by this Court or Judge Seybert.

Distribution Systems of America, Inc. v. Village of Old Westbury

785 F. Supp. 347 · District Court, E.D. New York · Feb 28, 1992

According to Jackson Dairy, the movant must clearly establish the following: “(a) irreparable harm and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make them … Clearly, government has no power to restrict such activity because of its message.

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.

Fossil Group, Inc. v. Angel Seller LLC

District Court, E.D. New York · Oct 14, 2022

Such activities are immunized from antitrust liability, provided the activities are more than a mere sham.” Shetiwy v. Midland Credit Mgmt., 980 F. … “The qualified common interest privilege extends to a communication made by one person to another upon a subject in which both have an interest.” Id. at 276 (internal quotation marks omitted).

Harrison v. Kennedy

District Court, E.D. New York · Oct 30, 2020

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity is an affirmative defense, and a defendant officer bears the burden of proof in establishing it. Vincent v.

Dixon v. Miller

56 F. Supp. 2d 289 · District Court, E.D. New York · Jul 14, 1999

Here, the Fretwell analysis clearly applies. … Petitioner’s ineffectiveness of counsel claim fails to establish prejudice and thus is without merit.

Neira Marquez v. Office of Social Security

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

“Generally, the federal Government and its agencies, including officials acting in their official capacities, are immune from suit because of the doctrine of sovereign immunity.” Moore v. Soc. Sec. … immunity has been waived.”

Pina v. Henderson

586 F. Supp. 1452 · District Court, E.D. New York · May 22, 1984

After the trial, counsel clearly was aware of the statement as reflected in his letter to petitioner of April 26, 1974. … He qualifies as an arm of the prosecution and his information must be attributed to the prosecutor.

Henry, Sr. v. Duncan

District Court, E.D. New York · Feb 25, 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 … Co., 126 F.3d 100, 103 (2d Cir. 1997) (“[I]t is well-established that allegations of residency alone cannot establish citizenship . . . .”).

Corrow v. Nassau County Correctional Center

District Court, E.D. New York · Feb 23, 2025

Upon review, the Court finds that Corrow’s responses on the IFP Motions qualify him to commence this action without prepayment of the filing fee. Accordingly, the IFP Motions are granted. … “Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v.

United States v. Johnson

220 F. Supp. 3d 264 · District Court, E.D. New York · Nov 12, 2016

The Second Circuit, however, has emphasized that “Stinson, insofar as it establishes the binding nature of commentary, applies only to commentary that is interpretive or explanatory in nature.” United States v. … The primary function of the note seems clearly to have been to explain that portion of the Guideline in most need of explanation — the residual clause.

Nelson v. County of Suffolk

District Court, E.D. New York · Aug 22, 2019

violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law.” … An officer is entitled to qualified immunity against a claim for false arrest if he can establish that he had “arguable probable cause” to arrest the plaintiff. Zalaski v.

Brewington v. Kaur

District Court, E.D. New York · Aug 27, 2025

App’x 230, 231 (2d Cir. 2010) (“It is well established that private attorneys – even if the attorney was court-appointed – are not state actors for purposes of § 1983 claims”). … The Eleventh Amendment bars such a federal court action against a state, its agencies or state agents absent a waiver of immunity or congressional legislation specifically overriding immunity.

City of New York v. Beretta U.S.A. Corp.

228 F.R.D. 147 · District Court, E.D. New York · Apr 27, 2005

It also argued that the 2005 Act rendered the data not yet supplied immune from disclosure. 9. … Jacobson, 172 F.3d 144, 157 (2d Cir.1999) (en banc) (‘Tilt is well established that a federal court ordinarily has the power to enforce its own orders and judgments.”).