Case law

Vultaggio Ex Rel. Vultaggio v. Board of Education

216 F. Supp. 2d 96 · District Court, E.D. New York · Aug 14, 2002

. § 4404 (establishing state administrative procedure). … It is clear, therefore, that any “opportunity to present” an IDEA complaint, qualifies as an IDEA procedure.

Usher v. Ercole

710 F. Supp. 2d 287 · District Court, E.D. New York · May 4, 2010

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and relied upon by Usher here, is “clearly established Federal law” for purposes of Section 2254(d). Williams v. … In order to establish that a state court unreasonably applied federal law, it is not sufficient that a federal court “concludes in its independent judgment that the relevant state-court decision applied clearly established

Booker v. Soho Studio, Corp.

District Court, E.D. New York · Jan 22, 2020

Though Plaintiff was clearly eager to return to work, wanting to do so does not render a return certain nor the date specific. … While “reassignment to a vacant position” may qualify as a “reasonable accommodation,” 42 U.S.C. § 12111(9), “the burden of establishing that a vacancy exists [is] on the plaintiff- employee,” Jackan v. N.Y.S.

United States v. Wilson

922 F. Supp. 2d 334 · District Court, E.D. New York · Feb 7, 2013

A minority of courts have refused to adjust for the Flynn Effect, or have concluded that a *351 state court's failure to adjust was not an unreasonable application of clearly established federal law for the purposes of adjudicating … Flynn Effect into account[, s]everal Circuit Courts to consider the issue have [] determined that a state court’s failure to account for [it] is not 'contrary to clearly established federal law' for purposes of § 2254(d)(

Jones v. Kneller

482 F. Supp. 204 · District Court, E.D. New York · Dec 18, 1979

Ass’n involved high school education, it clearly cautions against federal court intervention except when First Amendment rights are truly in jeopardy as a result of official actions. … Breckenridge, 403 U.S. 388 , 91 S.Ct. 1790 , 29 L.Ed.2d 338 (1971), the Court concluded that “[t]he language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some

Brewster v. Nassau County

349 F. Supp. 2d 540 · District Court, E.D. New York · Dec 13, 2004

person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … The PLRA therefore clearly applies to this case. As the Defendants note, nowhere in Brewster’s complaint does he allege that any physical harm has befallen him while in detention.

Zanazzi

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

Plaintiff’s reported financial position qualifies him to commence this action without prepayment of the filing fee. … The Amended Complaint shall clearly be entitled “Amended Complaint” and shall bear the same Docket Number as this Order, 26-cv-514.

In Re Davis

13 F. Supp. 221 · District Court, E.D. New York · Jan 6, 1936

Its operation upon mortgage liens having an established existence and fortifiéd by judgments of foreclosure and sale prior to the effective day is the only issue. … This is so because the debtor is clearly given a three year period within which to refinance himself. 13.

Revill v. Pratz

District Court, E.D. New York · May 1, 2024

However, the district court must dismiss an in forma pauperis complaint if it “is frivolous,” “fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such … DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (A litigant qualifies to proceed in forma pauperis if she “cannot because of his poverty pay or give security for” the costs of filing “and still be able to provide himself

Pediford-Aziz v. City of New York

170 F. Supp. 3d 480 · District Court, E.D. New York · Mar 17, 2016

After Plaintiff objected — an involuntary transfer to night-shifts, under certain circumstances, may qualify as a materially adverse action— Rampersant backtracked, blaming the delay on the Office of Personnel Investigation … The extrinsic documents, moreover, clearly refute Plaintiffs claim.

Villacreses

District Court, E.D. New York · Feb 10, 2026

First, it does not establish a sufficiently serious deprivation. … Glennon, 757 F.2d 496, 501 (2d Cir. 1985) (“Clearly, a violation of state law is not cognizable under § 1983.” (emphasis added) (citing Davis v. Scherer, 468 U.S. 183, 193-95 (1984))).

Kelly v. Town Of Southold

District Court, E.D. New York · Sep 26, 2024

To establish a claim under this provision of the ADA, “a plaintiff must demonstrate (1) that she is a qualified individual with a disability; (2) that she was excluded from participation in a public entity’s services, programs … This is clearly a question of fact that cannot be resolved at the motion to dismiss stage. See Innovative Health Sys., Inc., 931 F.

United States v. Chin

910 F. Supp. 889 · District Court, E.D. New York · Dec 22, 1995

In the government’s view, that element — construing the evidence most favorably to the non-movant as required under Rule 29(c)— was clearly established through the testimony of Special Agent Anthony Annunziato. … Yet, there was clearly sufficient circumstantial evidence for the jury to find that defendant discharged a firearm in the lobby of her apartment building on November 23, 1987. 5 .

James v. NY CITY DIST. COUNCIL

947 F. Supp. 622 · District Court, E.D. New York · Dec 13, 1996

James' memorandum of law argues that "both Christine and Reginald James' deposition testimony clearly reveals that Christine James was to be compensated for her services as a professional nurse." Def. Mem. of Law at 14. … Were all communications between an employer and plan beneficiaries to be considered along with the SPDs as establishing the terms of a welfare plan, the plan documents and the SPDs would establish merely a floor for an employer's

Shiwlochan v. Portuondo

345 F. Supp. 2d 242 · District Court, E.D. New York · Nov 10, 2004

Respondent further argues that petitioner has failed to identify “clearly established” Supreme Court precedent dictating the result he seeks. Resp. Opp. at 24-25. … That court’s determination is not contrary to, and does not involve an unreasonable application of, clearly established federal law, for the reasons discussed above. See Aparicio v.

Mendez v. U.S. Nonwovens Corp.

314 F.R.D. 30 · District Court, E.D. New York · Jan 15, 2016

See Flores, 284 F.R.D. at 130 (“More importantly, the sworn affidavits of named Plaintiffs clearly demonstrate that Plaintiffs are familiar with, and are actively participating in, this litigation.”); Hamelin v. … and spread-of-hours compensation to its employees____ Although individual questions as to damages may exist, ‘common legal issues related to the members’ entitlement to overtime wages and the proper measure of such wages clearly

Joseph v. Row Hotel

District Court, E.D. New York · Jun 11, 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 based on an indisputably meritless legal theory … Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”).

Scelza v. Scelza

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

Upon review of Plaintiff’s submissions, the Court finds that he is qualified by his financial position as reported in his IFP application to proceed 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

Jordan

District Court, E.D. New York · Feb 24, 2026

“Thus, to state a claim under Section 1983, a plaintiff must allege (1) the deprivation of any rights, privileges, or immunities secured by the Constitution and its laws, and (2) that the deprivation was ‘committed by a … “To establish a prima facie claim of disability discrimination under the Rehabilitation Act, a plaintiff must show: (1) []he is disabled within the meaning of the Act; (2) []he was otherwise qualified to perform the essential

King v. County of Nassau

581 F. Supp. 493 · District Court, E.D. New York · Feb 28, 1984

In the quest for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause. … Any other result, we think, would establish a rule wholly at odds with the peremptory challenge system as we know it. 380 U.S. at 220-222 , 85 S.Ct. at 836-837 .