Case law

Grijalva v. Coward

District Court, E.D. New York · Dec 9, 2024

In Forma Pauperis Upon review of the IFP motion, the Court finds that Grijavla is qualified by his financial status to commence this action without the prepayment of … “Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v.

Brady v. Top Ships Inc.

324 F. Supp. 3d 335 · District Court, E.D. New York · Jul 20, 2018

.) *343 The two remaining movant groups, Top Ships Investor Group and Nardiello and Wang, each twice reiterated their positions established in their initial motion papers: on November 6, 2017, both groups filed memoranda … Both of these figures clearly weigh in favor of appointing the Top Ships Investor Group.

Arungwa

District Court, E.D. New York · Aug 10, 2026

Third, Plaintiff’s bare allegation that he was sick does not establish his entitlement to FMLA leave. See Compl. at 5. … he fell sick in May 2022, id., the Court draws the reasonable inference that Plaintiff was so qualified, see Philippe v.

London v. Nassau County District Attorney's Office

District Court, E.D. New York · Dec 28, 2020

immunity. … It is well-established that prosecutors are entitled to absolute immunity from liability in suits seeking monetary damages for acts related to prosecutorial duties. See Burns v.

Braithwaite v. State of New York

District Court, E.D. New York · Mar 3, 2023

It is well-established that judges “generally have absolute immunity” from suit for judicial acts performed in their judicial capacities. Bliven v. … Section 1983 Claims Against DA Sini, DA Tierney, ADA Kubetz, ADA Powers, and ADA Wagner It is well-established that prosecutors are absolutely immune from civil suits

Braithwaite v. Kubetz

District Court, E.D. New York · Mar 3, 2023

It is well-established that judges “generally have absolute immunity” from suit for judicial acts performed in their judicial capacities. Bliven v. … Section 1983 Claims Against DA Sini, DA Tierney, ADA Kubetz, ADA Powers, and ADA Wagner It is well-established that prosecutors are absolutely immune from civil suits

In Re Seizure of All Funds in Names Registry Pub.

887 F. Supp. 435 · District Court, E.D. New York · May 30, 1995

The defendant property, however, itself is immune from suppression and remains subject to forfeiture. Daccarett, 6 F.3d at 46 ; $37,780 in U.S. Currency, 920 F.2d at 163 . … In the Court's view, the registries and accompanying services offered by the Company clearly establish that there are real, viable business networking opportunities incident to membership in the Company's registries.

Coser v. Moore

587 F. Supp. 572 · District Court, E.D. New York · Aug 3, 1983

Except for the qualified ranks, the academic categories are linked for purposes of salary and promotion. … The president appoints those faculty, who “... are, in his judgment, best qualified.”

Subirats v. D'ANGELO

938 F. Supp. 143 · District Court, E.D. New York · Sep 3, 1996

Applying these standards, the Court concludes that the plaintiff has failed to establish a Section 1983 claim for malicious prosecution. … Having granted the defendants’ motion based on the plaintiffs failure to establish a cause of action, the Court need not consider the other arguments raised by the defendants in the motion papers such as qualified immunity

Weil v. Long Island Savings Bank

195 F. Supp. 2d 383 · District Court, E.D. New York · Aug 22, 2001

A finding that the regulation establishes a privilege does not, however, end the analysis in this case. … . § 563.180 (d)(12) is not qualified. Further, the privilege is not subject to waiver by the financial institution.

Soley v. County of Nassau

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

Simon, 727 F.3d at 172; Warney, 587 F.3d at 121 (“[T]o establish immunity, the ultimate question is whether the prosecutor[] ha[s] carried [her] burden of establishing that [she was] functioning as [an] advocate[] when … Brady material[] is clearly protected by the doctrine of absolute immunity.” (collecting cases)). Ms. Rosenbaum’s claimed suppression of Brady material is therefore absolutely immune from suit. 5.

Andrews v. Blick Art Materials, LLC

268 F. Supp. 3d 381 · District Court, E.D. New York · Aug 1, 2017

Consequently, while the home is not itself a place of public accommodation, entities that provide services in the home may qualify as place of public accommodation. … The use of the word, “provider” clearly covers.

In Re Rasmussen

456 B.R. 1 · District Court, E.D. New York · Sep 14, 2011

The Bank *2 ruptcy Court reasoned that Debtors’ remainder interest in the Premises qualified for the exemption because New York’s homestead exemption statute, New York Civil Practice Law and Rules Section 5206 (“Section 5206 … As to the first, the Trustee points to nothing suggesting that Section 5206’s drafters “clearly and unequivocally” intended to exclude remaindermen from claiming a homestead exemption.

Braithwaite v. State of New York

District Court, E.D. New York · Mar 3, 2023

It is well-established that judges “generally have absolute immunity” from suit for judicial acts performed in their judicial capacities. Bliven v. … Section 1983 Claims Against DA Sini, DA Tierney, ADA Kubetz, ADA Powers, and ADA Wagner It is well-established that prosecutors are absolutely immune from civil suits

Harrison v. Ricks

326 F. Supp. 2d 372 · District Court, E.D. New York · Jul 21, 2004

In addition, counsel noted that 31 percent of the qualified jurors (8 of 26 jurors remaining after jurors were excused for cause) at the end of round two were African-American. … Thus, counsel argued, the 80 percent challenge rate and 67 percent exclusion rate of African-American jurors as compared to the 31 percent African-American pool of qualified jurors established a pattern sufficient to give

Dawson v. The City of New York

District Court, E.D. New York · Aug 3, 2023

This is because “an absolute immunity defeats a suit at the outset, so long as the official’s actions were within the scope of the immunity.” Imbler v. … in the alleged act of presenting false evidence); Hill, 45 F.3d at 661 (“[C]onspiring to present falsified evidence to, and to withhold exculpatory evidence from, a grand jury . . . are clearly

Morrissey v. Symbol Technologies, Inc.

910 F. Supp. 117 · District Court, E.D. New York · Jan 11, 1996

Moreover, the parties have not contested whether Morrissey was qualified for her job. Rather, the parties focus on the fourth element of the prima facie case. … In response to these clearly fair and beneficial maternity and medical leave policies, the plaintiff makes several arguments.

Bartholomew v. Mount Sinai West

District Court, E.D. New York · Sep 26, 2025

Feb. 22, 2024) (finding the requested accommodations would have “clearly caused [d]efendant undue hardship”) (quoting We The Patriots I, 17 F4th at 292); see Groff v. … To establish discrimination under the ADA, a plaintiff must show that: “(1) the employer is subject to the ADA, (2) the employee is disabled or is perceived to be disabled as defined by the ADA, (3) the employee is qualified

Cuevas v. Citizens Financial Group, Inc.

283 F.R.D. 95 · District Court, E.D. New York · May 22, 2012

In light of the clearly established company-wide policies defining the primary job duties of all ABMs, along with the blanket exemption policy, “there is no evidence that [differences among class members] are of such a magnitude … Thus, plaintiff has established that proposed class counsel are “qualified, experienced and generally able to conduct the litigation.” In re Drexel Burnham Lambert Group, Inc., 960 F.2d 285 , 290 (2d Cir.1992).

Gause v. Claude

District Court, E.D. New York · Jan 4, 2021

In Forma Pauperis Applications2 Upon review of plaintiff’s declarations in support of her applications to proceed in forma pauperis, the Court finds that plaintiff is qualified to … Should plaintiff elect to file an amended complaint, it shall be clearly labeled “amended complaint” and shall bear the same docket number as this order, 20-CV-4148(JMA)(SIL).