Case law

Hernandez v. County of Nassau

District Court, E.D. New York · Feb 20, 2022

Mem. 13), and (2) there was arguable probable cause for the arrest and thus they are entitled to qualified immunity, (id. at 16–17). … to Plaintiff, are not entitled to qualified immunity on these claims.

Sundaram v. Brookhaven National Laboratories

424 F. Supp. 2d 545 · District Court, E.D. New York · Mar 29, 2006

The plaintiff may establish a prima facie case of discrimination in the context of hiring decisions by showing he (1) belonged to a protected class, (2) applied for a position and was qualified to hold it, (3) was rejected … Hiring the most qualified person for a position clearly constitutes a legitimate, non-discriminatory reason for the decision. See, e.g., Scaria v.

Kielbus Ex Rel. Kielbus v. New York City Board of Education

140 F. Supp. 2d 284 · District Court, E.D. New York · Apr 20, 2001

Specifically, plaintiff alleges that BOE repeatedly provided Mehs-sa with ASL instructors who were not qualified, have poor attendance records and who were not properly trained. AC ¶ 19(a). … Defendant denies that there is an established "LEP program”. Defendant does acknowledge that students determined to have limited English proficiency are provided with bilingual services.

Hodder v. United States

328 F. Supp. 2d 335 · District Court, E.D. New York · Apr 29, 2004

an emergency vehicle or that his conduct was reckless, plaintiffs cannot establish that Ms. … Even though the claims clearly arise from the same event, it cannot be said that Mr.

White v. Abney

District Court, E.D. New York · Mar 29, 2021

Still, the court noted that if discovery were to establish that any of the alleged conduct constituted “‘preparatory activity’ conducted in advance of his grand jury testimony,” then he would be entitled to absolute … immunity for that limited conduct under Rehberg.

McAnaney v. Astoria Financial Corp.

233 F.R.D. 285 · District Court, E.D. New York · Nov 1, 2005

As stated by the Defendants, the Court “correctly set[ ] forth the standard established by the Second Circuit in Pechinski [v. … Nothing in the Defendants’ current motion for reconsideration persuades the Court to abandon the well-established motion to dismiss standard at the pleadings stage.

J. Baranello & Sons v. Hausmann Industries, Inc.

86 F.R.D. 151 · District Court, E.D. New York · Mar 7, 1980

Accordingly, since it is undisputed that defendant neither has an office in New York nor is qualified to do business here and plaintiff has failed to point to activities which alone or taken together establish that defendant … On the other hand, plaintiff has clearly stated a claim upon which relief can be granted.

Viola

District Court, E.D. New York · Jun 9, 2026

Even if Viola had not abandoned these claims, it is well-established that both SUNY and SBUH are immune from claims in federal court under the Eleventh Amendment. See Bamba v. Fenton, 758 F. … Viola fails to provide any authority supporting her contention that in order to qualify as a “vaccine” an intervention must provide “sterilizing immunity . . . against infection and transmission” rather than reducing the

Souther v. Eli Lilly & Co.

489 F. Supp. 2d 230 · District Court, E.D. New York · Jun 11, 2007

Shroffs background qualifies him to be helpful to the jury. … None of these objections warrant Dau-bert exclusion, particularly in view of the expert’s distinguished career which fully qualifies him to give his proposed opinions that available scientific data do not establish a causal

American Mut. Liability Ins. v. Matthews

87 F. Supp. 854 · District Court, E.D. New York · Dec 20, 1949

the owner of the ship instead of taking compensation under Section 903 of the Longshoremen’s and Harbor Workers’ Compensation Act, Title 33 U.S.C.A. § 901 et seq., and it is argued that the stevedore employer may assert immunity … The charge in the State court is here in evidence and reveals that there were clearly put before the jury the following propositions : 1. Was the guy rope defective on May 8th, 1944?

Scelza v. Department of Suffolk County Corrections

District Court, E.D. New York · Mar 21, 2024

Upon review of Plaintiff’s filings, the Court finds that Plaintiff is qualified by his reported financial status to commence this action without prepayment of the filing fee. … LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether a plaintiff qualifies for in forma pauperis status, and then

Estiverne v. Esernio-Jenssen

908 F. Supp. 2d 305 · District Court, E.D. New York · May 23, 2012

They expended this significant number of hours despite the fact that counsel characterized the law as “clearly established.” See Pls.’ Reply Mem. of Law, at 2. … More importantly, however, it was counsel themselves who “established” the law. As counsel states, “In Valmonte v.

Demartino v. New York State Department of Labor

167 F. Supp. 3d 342 · District Court, E.D. New York · Mar 1, 2016

Glennon, 757 F.2d 496, 501 (2d Cir.1985) (“Clearly, a violation of state law is not cognizable under § 1983.” (citation omitted)). … Because the Amended Complaint is dismissed on other grounds, the court does not reach the process issue raised by the DOL, the Monell issue raised by DASNY, or the qualified immunity issues raised by both defendants. .

Beider v. Retrieval Masters Creditors Bureau, Inc.

146 F. Supp. 3d 465 · District Court, E.D. New York · Nov 24, 2015

Defendant argues in response that “the FDCPA does not itself define what is meant by ‘true name’ for purposes of this section” and that American Medical Collection Agency is a licensed trade name, and thus, the name qualifies … Without converting this motion into one for summary judgment, the Court may take judicial notice of these documents in order to establish that defendant’s use of a licensed trade name does not violate § 1692e.

United States v. Crozzoli

698 F. Supp. 430 · District Court, E.D. New York · Nov 2, 1988

That informant indicated that if granted immunity and if placed in the witness protection program, he/she would testify. … Lilia, 699 F.2d 99 (2d Cir.1983) upon which the defendants place such heavy reliance and would have the court equate with this case is clearly distinguishable.

Jasmin v. Maccarone, PC

District Court, E.D. New York · Dec 9, 2022

Plaintiff’s In Forma Pauperis Application is Granted The Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing … Any Amended Complaint shall be clearly labeled “Amended Complaint” and shall bear the same Docket Number as this Order, 22-CV-6743(JS)(LGD).

Burton v. U.S. Rego Park Postal Service

District Court, E.D. New York · Apr 13, 2022

Accordingly, the USPS, like the United States, has sovereign immunity from suit. United States v. … "The doctrine of sovereign immunity is jurisdictional in nature, see FDIC v.

RDK NY Inc. v. The City of New York

District Court, E.D. New York · Sep 28, 2024

The Individual Officers Are Not Entitled to Qualified Immunity at this Stage “[A] police officer is entitled to qualified immunity where … (denying qualified immunity).

Phillips v. United States Postal Service

District Court, E.D. New York · Dec 6, 2022

A cause of action may also be dismissed sua sponte when it is “based on an indisputably meritless legal theory”—that is, when it “lacks an arguable basis in law . . . or [when] a dispositive defense clearly exists on the … “The doctrine of sovereign immunity is jurisdictional in nature, and therefore to prevail, the plaintiff bears the burden of establishing that [his] claims fall within an applicable waiver.” Makarova v.

Crews v. County of Nassau

149 F. Supp. 3d 287 · District Court, E.D. New York · Dec 16, 2015

This , testimony clearly vitiates plaintiffs évidence in support of causation for his Monell claim. … The "undisputed” damages qualifying for rthis exception involve easily computed numbers such as back pay, U.S. E.E.O.C. v.