Case law

Braithwaite v. United States

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

McKenzie v. Herbert

969 F. Supp. 1 · District Court, E.D. New York · Jul 9, 1997

There are several other reasons for the delay which are not attributable to either the government or the petitioner, but rather qualify as exceptional circumstances. … While this court is mindful of the fact that it is difficult for a petitioner to establish prejudice due to delay, *4 Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 , the fact that a substantial portion of the delay was directly

In Re Vitamin C Antitrust Litigation

810 F. Supp. 2d 522 · District Court, E.D. New York · Sep 6, 2011

Neither document, however, clearly supports that proposition. … To qualify for immunity under the state action doctrine, the anticompetitive restraint must be “clearly articulated and affirmatively expressed as state policy” and “the State must actively supervise any private anticompetitive

American Jerex Co. v. Universal Aluminum Extrusions, Inc.

340 F. Supp. 524 · District Court, E.D. New York · Mar 7, 1972

Birkenfeld’s affidavit in opposition to this motion reaffirms that he is its treasurer; that the corporation is organized under the laws of the State of Delaware and qualified to do business in New York; that during the latter … Intervention would clearly answer petitioner’s need; defendant’s ultimate victory in the action may not.

Perry v. Metropolitan Suburban Bus Authority

390 F. Supp. 2d 251 · District Court, E.D. New York · Sep 28, 2005

Here, the plaintiff failed to establish any Monell liability against LI Bus. … In order to establish a prima facie case of racial discrimination under Executive Law § 296, a plaintiff must plead and prove that (1) she is a member of a protected class, (2) she was discharged, (3) she was qualified to

Karropoulos v. Soup Du Jour, Ltd.

128 F. Supp. 3d 518 · District Court, E.D. New York · Aug 31, 2015

Here, there are no documents, such as a job description, which clearly defined the Plaintiff’s job duties or his role at Bistro 44. … That is because the DOL regulations clearly state “an occasional suggestion with regard to the change in status of a co-worker” is not sufficient to show that an employee’s recommendations on hiring or firing were given a

Cacciola v. Selco Balers, Inc.

127 F. Supp. 2d 175 · District Court, E.D. New York · Jan 2, 2001

Six years after Robinson , the New York Court of Appeals qualified the substantial modification defense in Lopez v. … But more to the point perhaps, in the context of this case, is the following excerpt from that article: "A plaintiff who does not legitimately establish a design case by qualified expert testimony should not be awarded an

Buckley v. Archdiocese of Rockville Centre

992 F. Supp. 586 · District Court, E.D. New York · Feb 5, 1998

A review of the case law clearly establishes that it is not sufficient. Title IX liability simply cannot be imputed to St. Anthony’s, the Brothers, and the Diocese in the mechanical fashion that the plaintiff suggests. … In addition, the state of the law with respect to establishing Title IX liability against the District is uncertain.

Jackson v. City of New York

29 F. Supp. 3d 161 · District Court, E.D. New York · Mar 17, 2014

A prima facie case is established where plaintiff shows that “(1) []he is a member of a protected class; (2)[]he is qualified for the position; (3)[ ]he suffered an adverse employment action; and (4) the *171 circumstances … None of the evidence to which Plaintiff cites raises a genuine issue as to those facts. .Defendants also argue that the claims against Officer D'Onoffio should be dismissed on the basis of qualified immunity.

Saunders Jr v. MaFarlene, Esq

District Court, E.D. New York · Mar 28, 2025

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). … It is well established that court-appointed attorneys do not act under color of state law when they perform traditional functions of counsel. Polk Cty. v.

Commodari v. Long Island University

89 F. Supp. 2d 353 · District Court, E.D. New York · Mar 31, 2000

Podensin, in lieu of better qualified Hispanic candidates. (Am.Compl.fl 5.7.) Dr. … Second, his November 1997 termination clearly constituted an adverse employment decision.

Burbar v. Incorporated Village of Garden City

961 F. Supp. 2d 462 · District Court, E.D. New York · Aug 19, 2013

Even if probable cause to arrest is ultimately found not to have existed, an arresting officer will still be entitled to qualified immunity from a suit for damages if he or she can establish that an “ ‘arguable probable cause … In this ease, the Plaintiff does not identify his racial status, much less indicate whether he qualifies as a racial minority.

Gibson v. Chason

District Court, E.D. New York · Oct 26, 2023

“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 … ” “is immune from a civil suit for damages under [Section] 1983.”

United States v. Real Property & Premises Known as 90-23 201st Street

775 F. Supp. 2d 545 · District Court, E.D. New York · Mar 31, 2011

In denying the officer qualified immunity for the constitutional violation, the court found that no circumstances were present that would lead a reasonable officer to believe that the principle articulated in Santana governed … Here, Young clearly did not voluntarily open his door to the Task Force agents.

Morris v. Northrop Grumman Corp.

37 F. Supp. 2d 556 · District Court, E.D. New York · Feb 17, 1999

To establish a prima facie case of discrimination in the promotion context, the plaintiff must prove “that [he] applied for an available position for which she was qualified, but was rejected under circumstances which give … When an employer initiates a reduction-in-force, an employee has the initial burden of establishing a prima facie case ... by showing 1) she belongs to the protected age [gender or race] group; 2) she was qualified to assume

Perros v. County of Nassau

District Court, E.D. New York · Sep 3, 2025

Zahran, under oath, attempted to establish that having a handgun in the home was more important than a long rifle for self-defense. Tr. 46. … Sposato denied a recommendation to plaintiff Lanier even though he had qualified with his firearm, Tr. 439, helping establish that the denials based on qualification were pretextual.

Disability Advocates, Inc. v. Paterson

598 F. Supp. 2d 289 · District Court, E.D. New York · Feb 19, 2009

Fourth, they argue that DAI has not established that adult home residents are qualified to move to alternative housing. Fifth, they contend that the Governor is not a proper defendant. (See Def. Mem. 35, 44, 65, 82.) … Defendants contend that although DAI has submitted the names of 1,536 adult home residents whom it contends are qualified to move to supported housing, Plaintiff has failed to “establish” that any of them are actually qualified

Mahoney v. Apfel

48 F. Supp. 2d 237 · District Court, E.D. New York · May 3, 1999

Berson concluded, or as not having the residual functional capacity to work, plaintiff has clearly established disability. … The Commissioner’s own consulting medical expert agreed with the treating physician and even found that plaintiff was sufficiently impaired to qualify for a listed impairment.

Portalatin v. Graham

478 F. Supp. 2d 385 · District Court, E.D. New York · Mar 22, 2007

First, the state court’s rejection of Por-talatin’s claim was contrary to clearly established federal law. … Thus, Portalatin could not properly rely on Cunningham to "clearly establish” the principle he seeks to vindicate.

Taylor v. Fludd

District Court, E.D. New York · Jan 9, 2020

Pauperis Application Upon review of Plaintiff’s declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified … Any Amended Complaint shall be clearly labeled “Amended Complaint”, and shall bear the same docket number as this Order, 19-CV-5127(JS)(GRB).