Case law

Doe v. Department of Education

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

In order to establish a claim based on student-on-student harassment for this time period under Title IX, Plaintiff must demonstrate that: (1) the alleged harassment was so “severe, pervasive, and objectively offensive” … The City Defendants’ decision to permit Plaintiff to make changes to her own behavior so as to avoid future direct harassment does not immunize the City Defendants.

Susser v. New York City Department of Education

District Court, E.D. New York · Jun 1, 2023

state a § 1983 claim, “a plaintiff must allege (1) that the conduct complained of was committed by a person acting under color of state law, and (2) that such conduct deprived the plaintiff of a right, privilege, or immunity … However, the Supreme Court has distinguished between claims based on established state procedures and those based on random, unauthorized acts by state employees. See Hudson v.

Korman v. Consolidated Edison Co. of New York, Inc.

915 F. Supp. 2d 359 · District Court, E.D. New York · Jan 16, 2013

Congress has answered, and quite clearly: ERISA “shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” 29 U.S.C. § 1144 . … To the extent plaintiff suggests that such an interpretation immunizes United from liability, however, such an argument misses the point of ERISA preemption.

Malvezzi

District Court, E.D. New York · Oct 21, 2025

“The burden is on the ‘next friend’ clearly to establish the propriety of his status and thereby justify the jurisdiction of the court.” Id. at 164. … “If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand.” Id.

Tummino v. Hamburg

260 F.R.D. 27 · District Court, E.D. New York · Aug 27, 2009

They clearly cannot because they do not have standing to intervene and because the motion to intervene was not timely filed. … “[A] mere ‘interest in a problem,’ no matter how long standing the interest and no matter how qualified the organization is in evaluating the problem,” is not sufficient to confer standing.

Gasparo v. City of New York

16 F. Supp. 2d 198 · District Court, E.D. New York · May 28, 1998

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. … In the instant case, however, the revenue generated by the occupancy charge is not clearly “only incidental to [the] regulatory nature” of the plan. Id.

Certified Collision Experts, Inc. v. Town Of Babylon

District Court, E.D. New York · Nov 27, 2024

Moreover, the factual allegations in the Amended Complaint are clearly insufficient to allege a selective enforcement claim. … A single paragraph in the Amended Complaint identified as comparators thirty companies from the Tow Lists—and summarily alleges that Plaintiff and all those companies were “qualified to be placed on” the Tow Lists.

Albano v. DiggDejected

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

Plaintiffs 1 Page numbers refer to pagination assigned by the Court’s Electronic Case Filing system. 2 The exhibit does not clearly identify the company to which the user on r/Parenting was referring. … It is “well established” that defamation cannot serve as a predicate act used to establish a pattern of racketeering activity for a civil RICO claim. See Conte v. Newsday, Inc., 703 F.

Uviles v. City of New York

District Court, E.D. New York · May 5, 2023

She testified much more clearly than plaintiff that in her opinion, City Corrections had no discretion to release plaintiff until the parole warrant was lifted. … Washington State Board of Prison Terms and Paroles, 699 F.2d 471, 473 (9th Cir. 1982) (“[S]ince the on-site [preliminary] hearing was conducted only 21 days after appellant's parole was suspended, it was prompt enough to qualify

Shahadi El v. Suffolk County Police Department

District Court, E.D. New York · Apr 12, 2023

Moreover, it is well-established that the federal courts do not recognize a claim for deprivation of property if the state courts provide a remedy for the deprivation of that property. … Any Amended Complaint must be clearly labeled “Amended Complaint” and shall bear the same Docket Number as this Order, No. 21-CV-2500(JS)(JMW).

In the Matter of James Malvezzi; In re James Malvezzi

District Court, E.D. New York · Oct 21, 2025

“The burden is on the ‘next friend’ clearly to establish the propriety of his status and thereby justify the jurisdiction of the court.” Id. at 164. … “If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand.” Id.

Roller v. Red Payments L.L.C.

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

But once more, without any specific 8 Plaintiffs further assert that “a wrongfully obtained right to a debt” can qualify as the requisite “benefit.” DE 79-6 at 16-17. … Fla. 2009), the court at least found that whether a debt balance qualified as a “benefit” was “a factual question that cannot be resolved on a motion to dismiss.” Id. at 1279.

Rosado v. Wyman

304 F. Supp. 1356 · District Court, E.D. New York · Jun 18, 1969

This provision grants the district courts original jurisdiction of any civil action, irrespective of the amount in controversy, to “redress the deprivation, under color of any State law * * *, of any right, privilege or immunity … It shows up most clearly, I think, in the medical data. You will find a higher incidence of just about every kind of medical disorder and physical handicap in these youngsters — -malnutrition and everything else.

Fernandez v. Leonardo

742 F. Supp. 55 · District Court, E.D. New York · Jul 12, 1990

The Supreme Court clearly stated that default of a constitutional claim pursuant to a trial strategy or tactical decision does not constitute cause. See Reed v. … Procedural defaults of this nature are, therefore, inexcusable, and cannot qualify as 'cause' for purposes of federal habeas corpus review." 4 .

K.R. ex rel. Perez v. United States

843 F. Supp. 2d 343 · District Court, E.D. New York · Feb 16, 2012

The first option offers “Complete Medical Care” and includes “complete physical examinations, immunizations, routine laboratory tests, treatment for both acute and chronic illnesses, psychological and nutritional counseling … Furthermore, it is undisputed that Nurse Silverman was qualified to perform a visual vaginal inspection. Tr. 346:16-18.

Parent Ass'n of Andrew Jackson School v. Ambach

451 F. Supp. 1056 · District Court, E.D. New York · Jun 16, 1978

Unquestionably ethnic balance considerations were in the debate over the selection and appeared clearly to weigh on the side of choosing the Hollis Triangle site. … Clearly, Andrew Jackson High School is a racially identifiable minority high school in a borough in which white students constitute in excess of 50% of the public high school student population.

Cajamarca v. Regal Entertainment Group

863 F. Supp. 2d 237 · District Court, E.D. New York · May 31, 2012

In the Second Circuit, an offender can qualify as a supervisor even if he lacks the authority to make tangible economic decisions concerning the employee. … Her claim thus devolves into an implicit assertion that Regal had an obligation to either keep the spot at Union Square open for what *252 would have been a clearly lengthy and possibly unlimited period (she had already taken

United States v. Gambino

818 F. Supp. 541 · District Court, E.D. New York · Apr 15, 1993

In the defendant’s view, “the government can avoid a finding that it violated the *545 Speedy Trial Act only if it can establish that the time between March and August of 1992 was excludable pursuant to § 3161(h).” … VIII Motion to Suppress January 17, 1986 Conversation Between Gotti and Remini The defendant Thomas Gambino seeks this relief claiming that because he gave immunized testimony before the grand jury concerning this conversation

Panchitkaew v. NY State Attorney General

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

An action is “frivolous” when “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy.” Livingston v. … Third, to the extent Plaintiff alleges claims against individual neighbors or his former business partner (the complaints are unclear on whether he does), Plaintiff has failed to establish that those claims are properly

Winston v. City of New York

580 F. Supp. 1470 · District Court, E.D. New York · Feb 29, 1984

209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), where the Supreme Court invalidated on equal protection and due process grounds a state statute that imposed penalties of fines and imprisonment for the violation of laws establishing … Moreover, the Appellate Division’s First Department clearly stated in Gorman v.