Case law

Armored Carrier Corporation v. United States

260 F. Supp. 612 · District Court, E.D. New York · Sep 28, 1966

It excuses its violations as “obviously not serious” or “clearly minimal” or “done on the advice of counsel”. … It concludes that B.D.C. is eminently well qualified in the areas of operational efficiency and financial security to perform the needed services.

Leather's Best Inc. v. S.S. Mormaclynx

313 F. Supp. 1373 · District Court, E.D. New York · Jun 5, 1970

Steel straps were placed around each carton, both for protection and in order to qualify them as bales under the applicable tariffs. … Testimony was introduced establishing the New York sound market value of the goods to be $155,192.47.

Bostick v. Suffolk County

191 F. Supp. 2d 665 · District Court, E.D. New York · Mar 18, 2002

Further, Plaintiff has failed to establish any violation of her civil rights and therefore cannot establish a conspiracy regarding the same. V. … In analyzing defendants’ assertion of qualified immunity, the Second Circuit questioned whether each individual’s alleged conduct was sufficiently severe or pervasive to create a hostile work environment.

55 Motor Avenue Co. v. Liberty Industrial Finishing Corp.

332 F. Supp. 2d 525 · District Court, E.D. New York · Aug 27, 2004

Further, the proposed consent decree clearly comes within the scope of the pleadings as it establishes a remedial plan to cleanup the hazardous wastes described in the Complaint. … As a preliminary matter, this court’s familiarity with the discovery in this case has made clear that it is very difficult to establish each party’s precise comparative liability.

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.

Corbett v. Napolitano

897 F. Supp. 2d 96 · District Court, E.D. New York · Sep 25, 2012

Additionally, plaintiff qualified for a supervisory position at FAMS based on his experience and testing scores. (Id.) … to establish a causal connection”); Yarde v.

United States v. Wilson

170 F. Supp. 3d 347 · District Court, E.D. New York · Mar 15, 2016

Patterson was not qualified as an expert in intellectual disability. (See Tr. at 1765.) … Wilson’s case, I believe that then became clearly reflective of a .... willful ehoice[.]”).)

Virgil v. Police Officer Tinina Alexander

District Court, E.D. New York · Sep 27, 2019

Qualified Immunity Finally, Defendants argue that they are entitled to qualified immunity because “it was not unreasonable for the defendant officers to believe there was … Even if probable cause is lacking in a given case, an officer “will still be entitled to qualified immunity . . . if he can establish that there was ‘arguable probable cause’ to arrest.” Zalaski v.

Gray v. Gomez

District Court, E.D. New York · Mar 30, 2024

Supp. 2d 154, 166 (D.D.C. 2013) (finding Fourth Amendment rights “clearly established” for purposes of qualified immunity analysis in action 4 With respect to Plaintiff’s fair trial claim, presumably under the Sixth Amendment … immunity in his answer to the Complaint, (Answer, Dkt. 15, at 4), but not in the instant motion.

McDonald v. Hempstead Union Free School District

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

With respect to the Individual Defendants' assertion of qualified immunity for the claims against them in their individual capacities, he recommended that the Court reject the motion. … superintendents and chief information officer, review and interpret all laws, regulations, statutes, rules and policies affecting the school division, respond to inquiries for interpretation from division staff on matters not clearly

Rozenfeld v. Department of Design & Construction

875 F. Supp. 2d 189 · District Court, E.D. New York · Jul 12, 2012

“To establish constructive discharge, a[n employee] ‘must show that the abusive working environment became so intolerable that [his] resignation qualified as a fitting response.’ ” Holowecki v. Fed. … Clearly, the alleged comment refers to age on its face.

Tesser v. Board of Education

154 F. Supp. 2d 388 · District Court, E.D. New York · Apr 16, 2001

In re Grand Jury Proceedings, 219 F.3d 175, 182 (2nd Cir.2000) (burden of establishing the existence of an attorney-client privilege rests with the party asserting it). … Kavitsky is not a party, albeit clearly not a disinterested person to this litigation.

Raphael v. County of Nassau

387 F. Supp. 2d 127 · District Court, E.D. New York · Jun 17, 2005

While actions by an individual with final decision-making authority may constitute official policy sufficient to establish municipal liability, that individual must “be responsible for establishing final government policy … Here, Raphael clearly seeks to relitigate the issues that underlie his conviction, but he cannot do so.

United States v. One Handbag of Crocodilus Species

856 F. Supp. 128 · District Court, E.D. New York · Jun 25, 1994

Brazaitis shortly thereafter, arguably established probable cause for the seizure. … However, that issue need not be resolved, for even if, arguendo, the initial seizure of the property was illegal, that does not immunize the property from forfeiture. See, e.g., United States v.

Kohutka v. Town of Hempstead

994 F. Supp. 2d 305 · District Court, E.D. New York · Jan 29, 2014

In March 2009, the Plaintiff took the supervisor test, an examination to qualify for a promotion to a supervisor position. … Sept. 19, 2006) (finding that defendant was “a subordinate, not a supervisor, of [the plaintiff], and hence is immune from Plaintiffs § 1983 claims”).

Ali v. Connick

136 F. Supp. 3d 270 · District Court, E.D. New York · Sep 28, 2015

For that matter, while Plaintiff generally alleges a .§ 1985 violation, he does not clearly indicate whether he also brings a conspiracy claim under § 1983. … To bring a claim under § 1985(3), 2 a plaintiff must *277 allege: “(1) a conspiracy (2) for the purpose of depriving a person or class of persons of the equal protection of the laws, or the equal privileges and immunities

Vox Amplification Ltd. v. Meussdorffer

50 F. Supp. 3d 355 · District Court, E.D. New York · Sep 29, 2014

In this regard, “[a]n unregistered mark ... can be protected under the Lanham Act if it would qualify for registration as a trademark.” Lopez v. … Clearly, the Plaintiffs cannot establish the second element of this defense, since the Plaintiffs’ use of the Phantom Body Shape design was clearly not continuous from a date prior to the Defendants’ registration of the Phantom

Biggs v. Block

629 F. Supp. 1574 · District Court, E.D. New York · Mar 20, 1986

If the applicant qualifies for Home Relief, Home Relief benefits will be paid until federal SSI payments begin to be received. N.Y.Soc.Serv.L. § 138-a. … Local governmental agencies do not enjoy the immunities from suit that the Eleventh Amendment confers upon states.

Blocker v. Board of Education of Manhasset, New York

226 F. Supp. 208 · District Court, E.D. New York · Jan 24, 1964

Board of Education, supra, although pertinent, is not clearly apposite. … It is valid only insofar as it is operated within the confines established by the Constitution.” 191 F.Supp. at 195 .

Hawkins v. Nassau County Correctional Facility

781 F. Supp. 2d 107 · District Court, E.D. New York · Feb 8, 2011

Discussion To prevail on a claim under Section 1983, a plaintiff must show: (1) the deprivation of any rights, privileges, or immunities secured by the Constitution and its laws; (2) by a person acting under the color of … Legal Standard 3 As the Second Circuit has explained, pursuant to the standard established by the Supreme Court in Farmer v.