Case law

Puerto Rican Legal Defense & Education Fund, Inc. v. City of New York

769 F. Supp. 74 · District Court, E.D. New York · Jun 12, 1991

In that case, the South Carolina legislature approved a reapportionment plan, “Act 257,” that established new districts for the election of state senators. … That is clearly not the case here.

Lynch v. Vaccaro

566 B.R. 290 · District Court, E.D. New York · Mar 28, 2017

Jan. 7, 2014) (“Because § 363(m) applies and because the relief the Appellant seeks would affect the validity of the sale, the Court has jurisdiction to hear a single argument:whether the Purchaser qualified as a good faith … However, where, as here, “the bankruptcy court determines that the buyer purchased in good faith, the appeal is moot unless appellants can establish that such a finding is clearly erroneous.” 23 Jefferson St., 2015 WL 5037343

Strong v. Montava

64 F. Supp. 2d 101 · District Court, E.D. New York · Jul 27, 1999

That conviction was upheld on appeal and the opinion of the appellate court clearly outlines the reasons for upholding that conviction. … The evidence established that defendant displayed a belligerent and hostile attitude toward his neighbors which was clearly manifested in his unprovoked physical confrontation with a defenseless 62 year old woman.

Hafner

District Court, E.D. New York · Jan 30, 2026

“A state may only be sued in federal court if it has waived its own immunity[] or if Congress has limited the state’s immunity.” Janczuk v. United States, Nos. 24-cv-03128, 24-cv-03141, 2024 WL 4350689 at *2 (E.D.N.Y. … immunity.

Nimkoff v. Dollhausen

751 F. Supp. 2d 455 · District Court, E.D. New York · Nov 19, 2010

The Court similarly finds that there are triable issues of fact with respect to the defendants’ assertion that Orefice and Dollhausen are entitled to qualified immunity with respect to this cause of action. … Here, the plaintiff primarily relies on two pieces of evidence to establish Monell liability.

Local 875 I.B.T. Pension Fund v. Pollack

992 F. Supp. 545 · District Court, E.D. New York · Jan 26, 1998

The Amended Complaint clearly meets these requirements. … Blatt therefore appears to employ a broader notion of who may qualify as an ERISA fiduciary.

Garanin

District Court, E.D. New York · Jul 21, 2026

However, “it is . . . well established that officials acting in a judicial capacity are entitled to absolute immunity against 13 Ex Parte Young, which permits a plaintiff to seek prospective injunctive relief or declaratory … It is similarly well established that the court-appointed attorneys for children15 are entitled to absolute quasi-judicial immunity for actions taken within the scope of their appointment. See Yapi v.

Fore v. Ercole

594 F. Supp. 2d 281 · District Court, E.D. New York · Jan 12, 2009

“Clearly established Federal law” is comprised of “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” Green v. … A decision is an “unreasonable application” of clearly established federal law if a state court “identifies the correct governing legal principle from [the Supreme Court’s] decisions but unreasonably applies that principle

Kneitel v. The City of New York

District Court, E.D. New York · Sep 23, 2025

immunity. … And “arguable probable cause” is sufficient to grant qualified immunity on malicious prosecution claims. See Betts v. Shearman, 751 F.3d 78, 82-83 (2d Cir. 2014).

Houston v. Nassau County Police Department

District Court, E.D. New York · Dec 23, 2020

Thereafter, the NICS office confirmed that plaintiff’s hospital admissions on May 25, 2018 and April 2, 2019, “were the qualifying incidents sent to the federal NICS database by [New … It is well-established that “[u]nder New York law, departments that are merely administrative arms of a municipality do not have a legal identity separate and apart from the municipality

Human Resource Research & Management Group, Inc. v. County of Suffolk

687 F. Supp. 2d 237 · District Court, E.D. New York · Feb 17, 2010

The stated purpose of the law was: to foster communication and cooperation between government agencies, local governments, and local communities by establishment of clearly defined procedures for selection of locations for … Furthermore, such individuals who need the support of a “halfway house” to avoid a relapse to alcoholism or drug addiction qualify as disabled. See id.

Acosta v. United States

District Court, E.D. New York · Jun 1, 2022

I dismissed his Rule 41(g) claim, finding that it was barred by sovereign immunity. Id. at 3. As for the FTCA claim, I found that Mr. … Such monetary awards are barred by sovereign immunity.” Opinion & Order 3 (quoting Adeleke v. United States, 355 F.3d 144, 151 (2d Cir. 2004)). I therefore dismiss Mr.

Raffaele v. City of New York

242 F. Supp. 3d 152 · District Court, E.D. New York · Mar 16, 2017

Allegations involving only a single incident are generally insufficient to demonstrate a policy or custom that establishes supervisory liability under § 1983. See Lilly v. … The court declines to reach the issue of qualified immunity, though briefed by the parties, because the court has found that there are no triable issues of material fact as to the failure to intercede claim and the supervisory

LIH Ex Rel. LH v. New York City Board of Education

103 F. Supp. 2d 658 · District Court, E.D. New York · Jul 17, 2000

That review must be “conducted by the IEP team and other qualified personnel in a meeting.” 34 C.F.R. § 300.523 (b). … While the IDEA establishes a basic floor of education, state law may mandate a more protective standard of educational services and procedural protection.

Walker v. Pastoressa

District Court, E.D. New York · Aug 29, 2022

“A complaint is frivolous when ‘(1) the factual contentions are clearly baseless, . . . or (2) the claim is based on an indisputably meritless legal theory.’” Id. (quoting Livingston v. … A more clearly-drafted complaint could, however, conceivably assert claims against Defendants McCarthy, Broxmeyer, or the Board of Managers.

Rumpler v. Phillips & Cohen Associates, Ltd.

219 F. Supp. 2d 251 · District Court, E.D. New York · Jun 17, 2002

The leading case establishing liability for such conduct is Clomon . … There was no similar qualifying language in Clomon , where the defendant’s signature was followed by “Attorney At Law, General Counsel, NCB Collection Services.”

Heredia v. City of New York

District Court, E.D. New York · Mar 29, 2024

Finally, Defendants advanced a qualified immunity defense in their summary judgment arguments, but because the Court concludes that Defendants are entitled to judgment as a matter of law on the merits, it does not reach … Supp. 2d 259, 267 (E.D.N.Y. 2007) (“In light of this holding [granting the defendants’ motion for summary judgment], the court declines to reach the issue of qualified immunity.”).

Morales v. Plaxall, Inc.

541 F. Supp. 1387 · District Court, E.D. New York · Jul 9, 1982

It was submitted to the Internal Revenue Service (“IRS”) on June 30, 1977, approximately three weeks prior to Morales’ termination, to qualify the Plan for certain tax exemptions. … Clearly, under the 1976 amendment, terminated employees remained free to defer payment until age 65.

Silberman v. Biderman

735 F. Supp. 1138 · District Court, E.D. New York · Apr 17, 1990

While the family is given significant protection under the Constitution, this by no means immunizes it from reasonable state regulation. Prince v. … The Regulations provide two different ways in which an immediate family member may establish such a right.

Tetley, Inc. v. Topps Chewing Gum, Inc.

556 F. Supp. 785 · District Court, E.D. New York · Feb 17, 1983

” The court also found that defendant’s film “hardly qualifies as parody.... ” Id. at 206. … In the instant case, defendant’s parody of plaintiff’s mark is placed on a sticker which is clearly remote from any product sold by plaintiff.