Case law

Seitz v. New York State

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

To 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 adverse employment … Though the Individual Defendants have supervisory authority over Plaintiff in the workplace, they clearly lack an ownership interest in the University, as well as the power to hire and fire Plaintiff.

Perkowski v. The Town of Brookhaven

District Court, E.D. New York · Aug 25, 2023

immunity. … immunity claim.

Gail Houston v. Department of Education Union & Psychologist; Rick King; Dr. Richard Schuster; Elizabeth Perez; Mark Collins; Abe Ruda; Greg Lundahl; Kerry Dowling; Elaine Haynesworth; George Geist; Leroy Barr; Andrea Carte; and Ms._________ Lawyer

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

must dismiss a complaint sua sponte if it determines that the suit “(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 … Here, the Court granted Plaintiff the opportunity to amend already, and the Amended Complaint failed to respond to the issues clearly identified in the August 19 Order.

Cave v. East Meadow Union Free School District

480 F. Supp. 2d 610 · District Court, E.D. New York · Mar 19, 2007

In order to establish a violation under the ADA, the plaintiffs must demonstrate that (1) John, Jr. is a “qualified individual” with a disability; (2) the defendants are subject to the ADA; and (3) that John, Jr. was “denied … In order to establish a violation of Section 504 of the Rehabilitation Act, a plaintiff must show: (1) that he has a disability for purposes of the Rehabilitation Act; (2) that he was “otherwise qualified” for the benefit

Langella v. Weisz

39 B.R. 615 · District Court, E.D. New York · Apr 13, 1984

Quite clearly where, as here, a number of both plaintiffs and defendants are from New Jersey and the majority of plaintiffs and defendants share New York citizenship, complete diversity of citizenship is lacking. … The plaintiffs’ claim must arise from a right or immunity created by the federal Constitution or laws. Phillips Petroleum Co. v. Texaco, Inc., 415 U.S. 125, 127 , 94 S.Ct. 1002, 1003 , 39 L.Ed.2d 209 (1974); Gully v.

Bey v. Roc

District Court, E.D. New York · Mar 20, 2025

Qualified Immunity “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … There need not be caselaw “directly on point for a right to be clearly established,” but “existing precedent must have placed the statutory or constitutional question beyond debate,” or else qualified immunity will not

Smith v. Waintraub

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

Plaintiff has failed to establish that this Court has jurisdiction to hear her claims against Waintraub and Krausz. … Waco, 502 U.S. 9, 11 (1991) (“[J]udicial immunity is an immunity from suit, not just from the ultimate assessment of damages.”).

Corrao v. Waterman S. S. Corp.

75 F. Supp. 482 · District Court, E.D. New York · Jan 26, 1948

concepts: “The principle thus announced (speaking of the remedy over, i. e., Waterman against Pittston) qualifies and restrains within just limits the rigor of the rule which forbids recourse between wrongdoers.” … sure whether the Eleventh paragraph of the third party complaint, above quoted, is intended to assert an oblique reference to a written contract for its benefit, or otherwise; but the cases to which reference has been made clearly

Francis v. Chemical Banking Corp.

62 F. Supp. 2d 948 · District Court, E.D. New York · Aug 11, 1999

Mills used the word Negroes or a racial epithet, admitting that he did not hear clearly. … Here, plaintiff fails to qualify for this type of exception to the exhaustion of administrative remedies requirement under Title VII.

Pittman v. Brosi

District Court, E.D. New York · Jun 15, 2022

Upon review of the declaration accompanying Plaintiff’s IFP application, the Court finds that Plaintiff’s financial status qualifies him to commence this action without prepayment of the filing fee. … 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.” Id.; see also Snider v.

Massey v. On-Site Manager, Inc.

285 F.R.D. 239 · District Court, E.D. New York · Aug 23, 2012

The party moving for class certification “bears the burden of establishing by a preponderance of the evidence that each of Rule 23’s requirements has been met.” … Clearly, relegating these claims to a single action is highly preferable to requiring every class member to find counsel and bring their own action.

Duffy v. State Farm Mutual Automobile Insurance

927 F. Supp. 587 · District Court, E.D. New York · May 27, 1996

In order to establish a prima facie case under the ADEA, plaintiff must demonstrate (1) that she was within the protected age group, (2) that she was qualified for the position, (3) that she was discharged, and (4) that the … Defendant, hpwever, argues that plaintiff cannot establish that she was qualified for the position.

Whitaker v. Board of Higher Ed. of City of New York

461 F. Supp. 99 · District Court, E.D. New York · Oct 17, 1978

alcoholic who characterizes his alcoholism as a “handicap,” alleges that the defendants’ conduct was proscribed by § 504, which prohibits recipients of federal financial assistance from discriminating against “otherwise qualified … They point out that while early tenure is sometimes granted, under established procedures a professor is generally granted tenure only after 5 years of continuous service.

Reid v. City of New York

736 F. Supp. 21 · District Court, E.D. New York · Apr 17, 1990

Plaintiff has not submitted sufficient admissible evidence to establish a municipal policy condoning the use of police brutality. … This court concludes that, by establishing liability only against a “person” who “subjects, or causes to be subjected, any citizen” to the “deprivation of rights, privilege, or immunities secured by” federal law, 42 U.S.C

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.

Ross v. Transportation Security Administration TSA

District Court, E.D. New York · Apr 10, 2025

To state a claim under Title VII, the plaintiff must establish (1) that he is a member of the protected class, (2) that he was qualified for the position, (3) that he was subject to an adverse employment decision, and … establishes what steps he took to exhaust his administrative remedies.

Cummings-Fowler v. Suffolk County Community College

981 F. Supp. 2d 124 · District Court, E.D. New York · Nov 4, 2013

With that being said, it clearly appears that the evidence shows that while the Plaintiff may have been qualified for the position of Associate Dean of Instructional Technology, McIntosh was at least equally qualified. … It clearly would not have been unreasonable for the Defendants to select McIntosh over the Plaintiff.

Costantino

District Court, E.D. New York · Nov 10, 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 … It is well established that “a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution,” Imbler v.

Ram v. Lal

906 F. Supp. 2d 59 · District Court, E.D. New York · Nov 21, 2012

Indeed, "it is well settled that judges are absolutely immune [from both injunctions and damages] for any actions taken within the scope of their judicial responsibilities.” Hubbard v. J.C. … Thus, even if the Federal Plaintiffs were to attempt to join the State Court or the Receiver, they would be “absolutely immune” and thus Section 1983 does not provide a procedure for redress. .

Bensley v. Falconstor Software, Inc.

277 F.R.D. 231 · District Court, E.D. New York · Aug 29, 2011

the oral argument, “[t]here was no disclosure in that January announcement that the reason [the company wasn’t] making [its] projections was because [it] had engaged in fraud as opposed to the later announcement which was clearly … Burns also asserts that “in and out” purchasers previously appointed as lead plaintiff have been subsequently dismissed on summary judgment because they could not establish damages.