Case law

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.

Elliott v. Donegan

District Court, E.D. New York · Mar 31, 2022

Toledo, 446 U.S. 635, 640 (1980) (“Since qualified immunity is a defense, the burden of pleading it rests with the defendant.”)). … This testimonial evidence, which set forth specific factual contentions, was sufficient to support a finding that the officer defendants had probable cause and were entitled to summary judgment on a qualified immunity

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).

Saunders Jr v. Helen Pundits Bua, 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.

Magee v. Paul Revere Life Insurance

172 F.R.D. 627 · District Court, E.D. New York · Mar 21, 1997

Under these circumstances, Plaintiff clearly has waived any protection afforded his communications with Dr. Rashkin. See People v. … The determination of whether a document qualifies for work product immunity requires a fact-sensitive inquiry by the Court. “ ‘[T]he test should be whether, in light of the nature of the document[s] and the factual situation

Jewels v. Lewis

District Court, E.D. New York · Nov 12, 2019

Qualified Immunity “[Q]ualified immunity shields government employees acting in their official capacity from suits for damages under 42 U.S.C. § … 1983, unless their conduct violated clearly established rights of which an objectively reasonable official would have known.”

McCloud v. Nassau County Sheriff's Department Division of Corrections

District Court, E.D. New York · May 13, 2021

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. … Any amended complaint must be clearly labeled “Amended Complaint,” bear the same docket number as this Order, 20-CV- 1757(JMA)(ARL), and shall be filed within thirty (30) days from the date of this Order.

DaPonte v. Manfredi Motors, Inc.

335 F. Supp. 2d 352 · District Court, E.D. New York · Sep 9, 2004

DaPonte’s employment was terminated in May or June 2000, the record clearly demonstrates that his job remained intact for more than one year after April 28, 2000, the date on which he went out on medical leave. … qualified to perform the essential functions of his job, with or without reasonable accommodation; and (4) he suffered adverse employment action because of his disability.”

Goonewardena v. Spinelli

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

immunity. … Those questions of fact preclude summary judgment on qualified immunity grounds.”); Smith v. Fields, No. 95-CV-8374, 2002 WL 342620, at *6 n.9 (S.D.N.Y.

Capobianco v. Brink's Inc.

543 F. Supp. 971 · District Court, E.D. New York · Jul 20, 1982

On defendants’ motions to dismiss, the Court held that FMCS is immune from suit, United States v. Testan, 424 U.S. 392 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976); Blackmar v. … With these principles in mind, it is clear that plaintiff has failed to establish his claim of unfair representation.

Todd v. Park City 3 & 4 Apartments, Inc.

District Court, E.D. New York · Mar 31, 2021

Qualified Immunity City Defendants argue that they are entitled to qualified immunity on the unreasonable seizure claim. (City Defs.’ Mem. 14–15.) … Accordingly, qualified immunity is not warranted.

Philippeaux v. County of Nassau

921 F. Supp. 1000 · District Court, E.D. New York · Apr 10, 1996

A plaintiff establishes a prima facie ease by proving by a preponderance of the evidence: (i) that he belongs to a protected class; (ii) that he applied for and was qualified for a job for which the employer was seeking applicants … According to the defendants, this negates the plaintiffs ability to establish a prima facie case because he is unable to show that he was qualified for these positions.

McCoy v. Administration for Children Services

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

Thus, “as a practical matter, it is generally premature to address the defense of qualified immunity in a motion to dismiss.” Perez v. Ponte, 236 F. … Oct. 25, 2023) (denying motion to dismiss on qualified immunity grounds as premature).

Process America, Inc. v. Cynergy Holdings, LLC

35 F. Supp. 3d 259 · District Court, E.D. New York · Jul 31, 2014

The Court has already ruled on the record that the first clause clearly limits both parties to their actual damages. … The April 30 decision clearly addressed only liability, .and not damages. The Court made no findings whatsoever as to the amount of damages that Process America could recover.

Microtech Contracting Corp. v. Mason Tenders District Council of Greater New York

55 F. Supp. 3d 381 · District Court, E.D. New York · Oct 27, 2014

“To establish irreparable harm, plaintiffs must demonstrate an injury that is neither remote nor speculative, but actual and imminent.” Tucker Anthony Realty Corp. v. … Plaintiffs submissions conclusively establish that the dispute between the parties arises from an issue that is not subject to the mandatory grievance clause of the CBA.

Zelasko v. NYC Department of Education

District Court, E.D. New York · Jun 25, 2021

district court must dismiss an in forma pauperis action if 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 … In order to establish a prima facie case of discrimination under the ADA, the plaintiff must establish that: “(1) the employer is subject to the ADA; (2) the plaintiff is disabled within the meaning of the ADA or perceived

Hill v. Berkman

635 F. Supp. 1228 · District Court, E.D. New York · May 15, 1986

Hill qualified for the position of NBC Specialist on the basis of a written examination and her educational background. She was deemed medically qualified. … Women are now working in the position Hill chose, qualified for, and could not enter.

Drax v. Ashcroft

178 F. Supp. 2d 296 · District Court, E.D. New York · Nov 14, 2001

This confusing interplay of laws was most clearly explained in Cato which found aliens convicted of a firearms violation ineligible for section 212(c) relief. … Since Gabryelsky was established BIA practice at the time of his immigration hearing, petitioner is entitled to Gabryelsky relief if he qualifies under both sections 212(c) and 245.

Cardova v. Lavalley

123 F. Supp. 3d 387 · District Court, E.D. New York · Aug 17, 2015

In this case, Plaintiffs argument fails because he does not show the state court’s refusal to suppress the show-up identification constituted an unreasonable application of clearly established federal law. … “A state procedural bar qualifies as an independent and adequate state law ground if the last state court rendering a judgment in the case clearly and expressly stated that its judgment rested on a state procedural bar.”

Panarello v. Suffolk County Police

District Court, E.D. New York · Sep 5, 2024

Kramer seeks summary judgment on this cause of action, arguing that: (i) Panarello has failed to establish that Defendant used more than de minimis force; and (ii) alternatively, Kramer is entitled to qualified immunity … violation, and so the Court does not reach Defendant’s qualified immunity argument.