Case law

United States v. Shonubi

802 F. Supp. 859 · District Court, E.D. New York · Oct 9, 1992

An overwhelming preponderance of the evidence at both the trial and the Fatico hearing establishes that defendant did import at least 3419.2 grams of heroin. … A preponderance of the evidence at his trial established that defendant imported large quantities of heroin on eight occasions, using two passports.

McKenzie

District Court, E.D. New York · Aug 3, 2026

Eleventh Amendment Immunity A claim that is barred by sovereign immunity must be dismissed for lack of subject matter jurisdiction. … Eleventh Amendment immunity is not absolute, however, and a state government or agency “may be divested of immunity and haled into federal court in one of two ways: (1) Congress may abrogate the sovereign immunity through

Rofail v. United States

227 F.R.D. 53 · District Court, E.D. New York · Feb 1, 2005

Defendant has not established good cause for a protective order. … If defendant plans on arguing that any portion of the witness statements or accident report is protected by a qualified immunity under Rule 26(b)(3), it is directed to so inform the court.

Stone v. Manhattan & Bronx Surface Transit Operating Authority

539 F. Supp. 2d 669 · District Court, E.D. New York · Mar 26, 2008

Williams, 534 U.S. 184, 197 , 122 S.Ct. 681 , 151 L.Ed.2d 615 (2002) (stating that Congress intended to “create a demanding standard for qualifying as disabled” under the ADA). … The evidence clearly demonstrates that, even if plaintiff had not informed Mr.

McCoy v. Roche

District Court, E.D. New York · Aug 28, 2023

(“The statutory scheme recognizes, however, that whether a plaintiff qualifies for in forma pauperis status and whether his claims have merit present two distinct issues.”). … district court “shall” dismiss an in forma pauperis action when 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

Jin v. City of New York

District Court, E.D. New York · Jun 13, 2023

A finding of qualified immunity also bars a false arrest claim against an officer. … Nor can qualified immunity attach at this stage of litigation because of the factual discrepancies mentioned herein.

Whelan v. Trans Union Credit Reporting Agency

862 F. Supp. 824 · District Court, E.D. New York · Sep 8, 1994

Indeed, plaintiffs have produced Trans Union credit reports dated July 2, 1992 and February 24, 1994, which clearly contain the adverse information regarding their mortgage payments. See Kelly Aff.Ex. 4, 5. … Plaintiffs attempt to overcome the qualified immunity accorded defendants under this section by arguing that there is an issue of fact with respect to whether defendants acted with malice and/or willful intent based on the

Binder v. Long Island Lighting Co.

847 F. Supp. 1007 · District Court, E.D. New York · Mar 29, 1994

for other positions for which he may have been qualified. … See Flynn, 836 F.Supp. at 164 . (1) Binder clearly established that he was in the protected class.

Edelman v. United States Government

District Court, E.D. New York · Dec 4, 2020

immunity. 1. … Nat’l Park Serv., 891 F.3d 762 (9th Cir. 2018) (finding FCRA did not clearly waive sovereign immunity from suit).

Padilla v. Manlapaz

643 F. Supp. 2d 298 · District Court, E.D. New York · Jun 23, 2009

In Arbaugh , the defendant moved to dismiss for lack of subject matter jurisdiction after losing at trial, arguing that it did not employ the number of people required to qualify as an “employer” under Title VII. … The only instances in which a federal claim should be dismissed for lack of subject matter jurisdiction are when that claim “clearly appears immaterial and made solely for the purpose of obtaining jurisdiction or where such

Ojeda v. Mendez

District Court, E.D. New York · Jan 7, 2021

Defendants Immune from Suit Certain defendants here are clearly immune from suit. … These actions were clearly taken within their judicial capacities.

Butler v. Johnson & Johnson

District Court, E.D. New York · Nov 17, 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 … In Forma Pauperis Upon review of the IFP applications, the Court finds that Plaintiff is qualified by his financial status to commence these actions without the prepayment

United States v. State of New York

3 F. Supp. 2d 298 · District Court, E.D. New York · May 7, 1998

Thus, the NVRA clearly provides that non-governmental offices must consent before they can be designated as discretionary voter registration sites. … Yet such language clearly suggests that the drafters intended that only public offices that administer public assistance programs qualify as mandatory sites.

United States v. Chartier

860 F. Supp. 19 · District Court, E.D. New York · Jun 28, 1994

The substantive law is therefore no different, just more clearly defined” (Defendant’s Memorandum of Law, at p. 11 [emphasis added]). … Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to *25 each other as to warrant the conclusion that

Melzer v. BOARD OF EDUC. OF CITY SCHOOL DIST.

196 F. Supp. 2d 229 · District Court, E.D. New York · Feb 26, 2002

NOTES [1] Melzer also seeks compensatory damages from the BOE, and compensatory and punitive damages against the individual defendants, who each claim qualified immunity. [2] Under New York Education Law § 3020-a (McKinney … Furthermore, dismissal of the complaint renders academic the qualified immunity claims raised by the individual defendants. [4] "DX" refers to exhibits introduced by defendants. [5] "Tr." refers to the transcript of testimony

Cohen v. Federal Insurance Administration

565 F. Supp. 823 · District Court, E.D. New York · Jun 9, 1983

Defendants also asserted the defense of sovereign immunity. … On the other hand, the Federal defendants’ affirmative defenses are not clearly insufficient as a matter of law, in that defendants may contend and establish that they did not receive oral notice of the loss prior to the

Chin v. ABN-AMRO North America, Inc.

463 F. Supp. 2d 294 · District Court, E.D. New York · Oct 25, 2006

To establish a prima facie case under ADEA, a plaintiff must show (1) that he was within the protected age group; (2) that he was qualified for the position; (3) that he was discharged; and (4) that the discharge occurred … Although the evidence shows that Chin was qualified for the retained vice-president’s position that went to Parsons, the record does not establish that Parsons was unqualified or that Crescenzi was unreasonable in electing

Joachim v. Filipova

District Court, E.D. New York · Sep 27, 2023

Makarova, 201 F.3d at 113 (“The doctrine of sovereign immunity is jurisdictional in nature . . . and therefore to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver. … “It is well established that the existence of a qualified administrator is essential to the maintenance of [an estate’s] action and that the statutory right to recover for wrongful death does not even arise until

Falcon v. City University of New York

263 F. Supp. 3d 416 · District Court, E.D. New York · Jul 10, 2017

To establish a prima facie case of discrimination under Title VII, a plaintiff must show that “(l)[the] plaintiff is a member of a protected class; (2) [the] plaintiff was qualified for [] [] her position; (3) plaintiff was … 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.”

Santagata v. City of New York

District Court, E.D. New York · Mar 23, 2023

Qualified Immunity and the “Fellow Officer Rule” Since this case is being dismissed on collateral estoppel grounds, the Court does not rule as to Defendants’ qualified immunity and statute of limitations … The Court, however, notes that were it to consider Defendants’ qualified immunity argument, the Court would find it unavailing.