Case law

Toth v. New York City Department of Education

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

June 25, 2018) (“[E]ven had Chioke sued the DOE under § 1983 . . . the DOE would be immune from suit under [Monell]). … For a plaintiff to establish a prima facie violation under these Acts, the plaintiff: must demonstrate (1) that [he] is a qualified individual with a disability; (2) that the defendant[] [is]

Threeline Imports, Inc. v. Vernikov

239 F. Supp. 3d 542 · District Court, E.D. New York · Mar 3, 2017

Under these circumstances, the defendants have established that their use of the mark was “sufficiently public” to establish that it was the owner of the mark. • Therefore, the defendants have established" that they were … Id., at 809 ("Clearly, intrastate sale of imported wines by the importer sufficiently affects commerce with foreign nations to qualify those intrastate sales for the Trademark Act definition of ‘commerce.’") .

New York State Citizens' Coalition for Children v. Carrion

31 F. Supp. 3d 512 · District Court, E.D. New York · Jul 17, 2014

There are thirty-three conditions that must be included in a state’s plan in order to qualify for federal funding. § 671(a). … Thus, Gonzaga invoked important aspects of our federalist system and established “that if a state is to be subject to private suits whenever it fails to meet a funding condition, Congress should clearly put the state on notice

Grumman Corp. v. LTV Corp.

527 F. Supp. 86 · District Court, E.D. New York · Oct 14, 1981

Clearly, even more important than that industry recognition in this instance is consumer recognition. The Navy defines the market for carrier-suitable aircraft. As stated by Judge Real in Northrop v. … It would not be independently qualified to produce Navy aircraft. See Northrop Corp. v. McDonnell Douglas Corp., supra, 498 F.Supp. at 1115 .

Glover v. United States

708 F. Supp. 500 · District Court, E.D. New York · Mar 13, 1989

Glover’s physical condition prior to July 29, 1983 be clearly understood. A brief description of that condition, based upon the exhibits and the portions of the testimony the court found credible, follows: Mr. … The record convincingly establishes that rehabilitation therapy is no longer required. See Tr. 9/22/88 at pp. 202-04; 291. In McDougold v.

Agola v. Hagner

678 F. Supp. 988 · District Court, E.D. New York · Jun 15, 1987

establish that membership dues were actually waived by the Local and that membership status was conferred without any payments. … The nurses were required to picket at least three times per week in order to qualify for strike benefits. One of the striking nurses was assigned to keep attendance records of the picketing nurses.

Young v. Suffolk County

705 F. Supp. 2d 183 · District Court, E.D. New York · Apr 9, 2010

However, plaintiff asserts that the Young defendants’ “[objective was clearly to influence the action of the state” (Am. Compl. ¶¶ 47, 48), and alleges that the Young defendants did more than simply summon the police. … Feb. 8, 1995) (“Mr. deBruyne clearly is not a ‘parent having legal custody’ of plaintiffs, since physical custody is a necessary element of ‘legal custody’ within the meaning of § 1201.”).

Herzog v. Russell

483 F. Supp. 1346 · District Court, E.D. New York · Dec 17, 1979

Plaintiff contends, however, that the Board should have qualified for preferred rate non-membership on the PCE much earlier. … Neither has been established by the evidence in this case.

Daly

District Court, E.D. New York · Dec 3, 2025

Qualified Immunity Qualified immunity does not shield Herrschaft, Zito, and Farley against plaintiff’s equal protection claim. … Supp. 2d at 153 & n.12 (finding that it violated clearly established law to deliberately ignore sexual orientation discrimination).

Wheatley Heights Neighborhood Coalition v. Jenna Resales Co.

447 F. Supp. 838 · District Court, E.D. New York · Mar 15, 1978

Once a property has been listed through MLS, any participating broker may undertake to effect its sale, subject to certain rules established by MLS. … Of the two statutory derivatives of § 1 of the 1866 Civil Rights Act, § 1982 is clearly more pertinent to the facts and allegations of this case.

Greenberg v. New York City Transit Authority

336 F. Supp. 2d 225 · District Court, E.D. New York · Sep 27, 2004

To establish a prima facie case of discrimination under the ADA, the plaintiff must show that: (1) the defendant employer is subject to the ADA; (2) the plaintiff suffers from a qualifying disability within the meaning of … that he was medically qualified to work as a TPPA.

Rosenfeld v. Lenich

District Court, E.D. New York · Feb 11, 2021

On April 15, 2019, the City Defendants filed a Motion to Dismiss, in which they argued, inter alia, that the Individual City Defend- ants were entitled to qualified immunity and that municipalities could not be held liable … immunity—that are relevant to the claims of all class members.

Louis v. Metropolitan Transit Authority

145 F. Supp. 3d 215 · District Court, E.D. New York · Nov 6, 2015

The statute “itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. … Accordingly, there is no claim against Martin; and, even if there were, she would be protected by qualified immunity because her actions were objectively reasonable. See generally Jenkins v.

Richards v. United Riverhead Terminal Inc.

District Court, E.D. New York · Sep 28, 2020

In point six, Riverhead argues that the RPD Officers are entitled to qualified immunity with respect to the § 1983 claims because the officers’ alleged conduct did not violate clearly established constitutional rights of … The Court agrees that this proposition is well established. See, e.g., Naples v. Stefanelli, 972 F.

Tigano, III v. United States of America

District Court, E.D. New York · Mar 22, 2021

A prosecutor who engages in such activities is protected only by qualified immunity. Sclafani v. Spitzer, 734 F. Supp. 2d 288, 296 (E.D.N.Y. 2010) (citing Van de Kamp, 129 S. Ct. at 861). … IIED Plaintiff clearly advances a claim for intentional infliction of emotional distress.

Tucker v. Bennett

219 F. Supp. 2d 260 · District Court, E.D. New York · Jul 24, 2002

Justice O’Connor, writing for a majority, stated that the phrase “clearly established Federal law, as determined by the Supreme Court of the United States” in subpart (1) should be understood to refer to “the holdings, as … The Court then identified two circumstances under which a state court decision could be deemed “contrary to” clearly established Federal law: when the state court (1) “arrives at a conclusion opposite that reached by [the

United States ex rel. Patriarca v. Siemens Healthcare Diagnostics, Inc.

295 F. Supp. 3d 186 · District Court, E.D. New York · Mar 14, 2018

Standard As noted above, a relator's claim will not be dismissed if he can establish that despite earlier public disclosures, he qualifies as an "original source." … Application Here, Relator is clearly not an original source; his work is neither independent of nor contributes materially to that which was already available.

Augustus v. AHRC Nassau

976 F. Supp. 2d 375 · District Court, E.D. New York · Oct 4, 2013

Prima Facie Case To establish a prima facie case of racial discrimination, Plaintiff “must show that: (1) [s]he belonged to a protected class; (2) [s]he was qualified for the position [s]he held; (3) [s]he suffered an adverse … Second, Plaintiff generally was qualified for the position of ETS-1. Third, termination clearly constitutes an adverse employment action.

Acosta v. Artuz

375 F. Supp. 2d 173 · District Court, E.D. New York · Jul 6, 2005

As applied here, these standards require a finding that the state court’s adjudication either “resulted in a decision that involved ... an unreasonable application of clearly established Federal law as determined by the Supreme … Alternately, relief may be granted under the AEDPA where the adjudication “resulted in a decision that was contrary to ... clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C

A. Schrader's Son, Inc. v. United States

43 F.2d 619 · District Court, E.D. New York · Sep 16, 1930

The rate of annual depreciation on the “old” patents was similarly established, and for 1919 was represented by the fraction 373/5655. … the six years involved, is a matter of favor, because the period of limitation contained in the Revenue Acts prior to that of 1921 had operated to prevent any refund; therefore, the mitigation or lifting of the bar is a qualified