Case law

Jurist v. The Long Island Power Authority

District Court, E.D. New York · May 10, 2021

challenge to the Parks Department’s determination under SEQRA that construction of the Energy Education Center would not lead to any adverse environmental impacts is time-barred; and (5) Plaintiffs’ complaint did not qualify … See George, 769 N.Y.S.2d at 536 (“Here, Congress clearly manifested its intent to negate a private right of action by creating an enforcement scheme that involves only federal administrative action . . . .

Jessup v. Nassau County Corr. Fac.

District Court, E.D. New York · May 15, 2020

Upon review, the Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing fees. … In Forma Pauperis Application Upon review of Plaintiff’s Long Form in forma pauperis application, the Court finds that Plaintiff is qualified to commence

Burton v. Social Security Administration

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

such immunity is waived." … Meyer, 510 U.S. 471, 475 (1994), and therefore, to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver." Makarova v.

Jiang v. Corpuz

District Court, E.D. New York · Sep 28, 2022

Plaintiff’s false-arrest and malicious- prosecution claims fail because the detectives are entitled to qualified immunity. And plaintiff abandoned his fair-trial claim. … Detectives Celona and Alartosky are entitled to qualified immunity and, in turn, summary judgment on plaintiff’s false-arrest and malicious-prosecution claims.

Lilley v. Dow Chemical Co.

611 F. Supp. 1267 · District Court, E.D. New York · Jul 3, 1985

Comeaux “cannot clearly recall the color of the various bands used” on the barrels he and Mr. Lilley handled. … Carnow is sufficiently qualified to testify.

Xu v. U.S. Department of Housing and Urban Development

District Court, E.D. New York · Sep 6, 2023

Supp. 2d 542, 54 (S.D.N.Y. 2009) (a party’s “objections must be specific and clearly aimed at particular findings in the magistrate judge’s proposal”) (internal citations omitted … Absent an explicit statutory waiver of sovereign immunity, “the United States, as sovereign, is immune from suit.” Cooke v.

Irons v. United States Government

District Court, E.D. New York · Sep 27, 2021

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 … A plaintiff, however, can establish that a private actor was acting under color of state law by proving either: “(1) the existence of joint activity between the private actor and the state

The SHINNECOCK INDIAN NATION v. Kempthorne

652 F. Supp. 2d 345 · District Court, E.D. New York · Sep 9, 2009

Like other qualified privileges, it may be waived.” United States v. Nobles, 422 U.S. 225, 239 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975). … It is well established that opinion work product, in contrast to factual work product, is subject to heightened protection under the doctrine.

Martinez v. Unknown Officials at the Albany State Parole Office

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

The defendants claim they had probable cause to arrest the plaintiff, and that in any event, they had reasonable cause and are entitled to qualified immunity. … Indeed, the plaintiff’s right to a probable cause hearing was “clearly established,” so qualified immunity is unavailable.

Williams v. Scott

District Court, E.D. New York · May 12, 2025

To be sure, Plaintiff alleges that Scott filed, in January 2014, a petition seeking to establish paternity as well as for child support. (Id. at 10.) … And, Plaintiff seeks a “full dismissal of this support order” in this Court which clearly invites the review and rejection of the state court judgment. (Id. ¶ III.)

Jackson v. Nassau County

District Court, E.D. New York · Jul 28, 2021

Qualified immunity shields government officials from civil liability resulting from the performance of their discretionary functions only where their conduct “does not violate clearly established … To determine whether qualified immunity applies, courts consider “whether the facts shown make out a violation of a constitutional right and whether the right at issue was clearly established

Doe

District Court, E.D. New York · Dec 22, 2025

To establish a failure to make a “reasonable accommodation” under the ADA or Rehabilitation Act, a plaintiff must demonstrate: “(1) that she is a qualified individual with a disability; (2) that she … One of the two cases Plaintiff relies upon to establish the “reasonable accommodation” element, Tsombanidis v.

Fowlkes v. Rodriguez

584 F. Supp. 2d 561 · District Court, E.D. New York · Nov 7, 2008

Rodriguez to withdraw the erroneous sex offender registration information from the DCJS and/or to modify the risk level ‘3’ which is clearly erroneous, to a risk level T.... … Peebles, United States Magistrate Judge, which recommended: (1) denying dismissal of plaintiff’s claims against the County Defendants on the basis of qualified immunity; (2) granting dismissal of plaintiffs failure to protect

Rodrigues v. The Incorporated Village of Mineola

District Court, E.D. New York · Sep 26, 2019

immunity and municipal liability. … They cannot establish either. A.

Burton v. Office of Personal Management

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

such immunity is waived." … Meyer, 510 U.S. 471, 475 (1994), and therefore to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver." Makarova v.

United States v. Articles of Banned Hazardous Substances Consisting of 1030 Gross (More or Less) of Baby Rattles

614 F. Supp. 226 · District Court, E.D. New York · Jul 12, 1985

Pt. 1510, the export policy clearly applies to defendants if they were sold or offered for sale in domestic commerce at any time. … Expert testimony established that parents would regard defendants as rattles, Tr. 31 (Dr.

Constantino v. New York City Police Department

District Court, E.D. New York · Feb 21, 2023

The two actions therefore clearly involve common — effectively, identical — questions of law and fact and considerations of judicial economy thus favor consolidation. … P. 8, providing the defendant(s) with notice of the claim(s) by clearly identifying each claim.

Duncan v. New York City Transit Authority

127 F. Supp. 2d 354 · District Court, E.D. New York · Jan 24, 2001

The small changes in the composition of Materiel’s workforce is clearly insufficient to show that this legitimate business reason was a pretext. See Thayne v. … Plaintiff offers no evidence to demonstrate that plaintiff was qualified for Mr. Torres’ position. Since Mr.

Randolph v. Police Officer Brian Noonan

District Court, E.D. New York · Nov 2, 2020

That alone does not qualify as personal involvement. As discussed, liability under Section 1983 cannot be generally imposed on a supervisor solely based on his position. … The Supreme Court has established that habeas 4 Moreover, “the court notes that although CPL § 30.30 is entitled a ‘speedy trial’ statute, the history of its adoption makes evident that it addresses only the

Graff v. United States

269 F. Supp. 2d 76 · District Court, E.D. New York · Jun 25, 2003

The petitioner may prove the deficiency prong by establishing that his attorney’s conduct fell “outside the wide range of professionally competent assistance,” id. at 690 , 104 S.Ct. 2052 , and establish prejudice by showing … A petitioner may establish constitutionally inadequate performance if he shows that counsel omitted significant and obvious issues while pursuing issues that were clearly and significantly weaker.