Case law

James v. Federal Reserve Bank of New York

471 F. Supp. 2d 226 · District Court, E.D. New York · Jan 25, 2007

First, the court must determine whether that entity qualifies as a federal instrumentality for the purpose at issue. … The Court still must determine whether, as a federal instrumentality, the New York Fed is immune from regulation by the NYSDHR. Clearly, federal instrumentalities are not immune from state regulation in every case.

Fanelli v. New York

51 F. Supp. 3d 219 · District Court, E.D. New York · Aug 18, 2014

The Plaintiff further alleges that Gilmore passed over two other women who were more qualified and experienced than Maniscalco. … In order for a plaintiff to establish a prima facie case of gender discrimination, the plaintiff must establish that (1) she was within a protected class; (2) she was qualified for the position; (3) she was subject to an

Benbow

District Court, E.D. New York · May 7, 2026

[their] entitlement to [the] qualified immunity” defense, Outlaw v. … Qualified immunity does not apply.

Foster v. Federal Emergency Management Agency

128 F. Supp. 3d 717 · District Court, E.D. New York · Sep 15, 2015

FEMA argues that the court lacks subject matter jurisdiction over plaintiffs’ breach of contract and non-tort claims, because the “United States may be sued only if it has clearly consented to be sued” and here “there has … As discussed above, it is well-established that the United States is immune from suit unless it consents to be sued. United States v. Dalm, 494 U.S. 596, 608 , 110 S.Ct. 1361 , 108 L.Ed.2d 548 (1990).

Herbst v. United States Postal Service

953 F. Supp. 2d 463 · District Court, E.D. New York · Jul 16, 2013

Meyer declined to extend Bivens to permit claims against federal agencies, noting that the doctrine of sovereign immunity precludes such claims. … The courts have upheld the comprehensiveness of the CSRA and precluded Bivens claims even for plaintiffs who do not qualify for administrative or judicial re *468 view under the CSRA. For .example, in United States v.

Webb v. Kenney

234 F. Supp. 2d 197 · District Court, E.D. New York · Nov 18, 2002

Ricotta are barred by the Eleventh Amendment or by qualified immunity and (iii) the claims against the newly added defendants are time-barred. … However, the terms of the Appointment Letter clearly establish that he had no legal entitlement to re-appointment after June 1998, since it states that the position was a year to year appointment.

Doktor v. Werner Co.

762 F. Supp. 2d 494 · District Court, E.D. New York · Jan 4, 2011

Defendants inform the court that “New Werner Co.” is a fictitious name pursuant to which Werner Co. is qualified to do business in certain states. … This date of manufacture is stated to be established by the facts that the first two numbers, “05” establish the month of manufacture, and the following numbers “97” establish the year of manufacture.

Novak v. Overture Services, Inc.

309 F. Supp. 2d 446 · District Court, E.D. New York · Mar 25, 2004

Google maintains that this claim is barred by federal immunity. See 47 U.S.C. § 230 (c). Plaintiff disagrees. … Under Section 230(c), an “interactive computer service” qualifies for immunity so long as it does not also function as an “information content provider” for the portion of the statement or publication at issue.

Castro v. City of New York

24 F. Supp. 3d 250 · District Court, E.D. New York · Jun 5, 2014

Defendants argue that the individual defendants are not subject to liability on this claim because they are entitled to qualified immunity. … Given plaintiffs failure to demonstrate a violation of his constitutional rights, I need not reach the question of qualified immunity.

Coddington v. Adelphi University

45 F. Supp. 2d 211 · District Court, E.D. New York · Mar 29, 1999

by the proprietor of the establishment as his residence. … The motion to dismiss all claims against defendants Norton and Goldstein for lack of personal jurisdiction and the motion to dismiss all claims brought against the Trustees on the ground of qualified immunity are denied as

Lawson v. County of Suffolk

920 F. Supp. 2d 332 · District Court, E.D. New York · Jan 26, 2013

The Court denied the Defendant’s application, stating that “I find that they violated clearly established constitutional rights and would not qualify for qualified immunity.” (Tr. 668.) … What kind of qualified immunity?” (Tr. 667.) After the jury returned a verdict in favor of the Defendants, the Court ruled on the Plaintiffs motion for JMOL pursuant to Fed.R.Civ.P. 50.

Local 851 of the International Brotherhood of Teamsters v. Kuehne & Nagel Air Freight, Inc.

36 F. Supp. 2d 127 · District Court, E.D. New York · Jan 27, 1999

The information to be protected is clearly known to defendants’ adversary because plaintiffs counsel discovered the error. 10 (DePetris Letter; Miller Letter at 3.) … If the document at issue is privileged, the disputed portions of the Letter would more likely *130 qualify as attorney work product, as they appear to contain the mental impressions of counsel.

Berrios v. STATE UNIV. OF NEW YORK AT STONY BROOK

518 F. Supp. 2d 409 · District Court, E.D. New York · Oct 10, 2007

Statute of Limitations and Qualified Immunity Defendants raise serious issues regarding statute of limitations and qualified immunity. … The court rules similarly with respect to the issue of qualified immunity and holds that at this early stage of the proceedings, where the facts have yet to be developed, dismissal on the basis of qualified immunity is denied

Gross v. Sanchez

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

Government officials are protected from civil damages liability under qualified immunity if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Here, the qualified immunity defense can be established based on the face of the Complaint itself.

Lauria v. Donahue

438 F. Supp. 2d 131 · District Court, E.D. New York · Jul 19, 2006

John Lauria claims that this medication has resulted in his “permanently depleted immune system.” Compl. ¶ 28. … In order to establish a prima facie case of discrimination under the ADA, the plaintiff must show that “(1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified

Affrunti v. Zwirn

892 F. Supp. 451 · District Court, E.D. New York · Jul 21, 1995

Although the Second Circuit’s subject-matter jurisdiction was based upon the issue of qualified immunity, the Court took pendent jurisdiction over the following question: [Wjhether Kaluczky’s status as a confidential policymaking … legislative immunity from the plaintiffs’ claims under § 1983.

Gerasimou v. Brenes

District Court, E.D. New York · Jan 12, 2022

Under Supreme Court and Second Circuit precedent, “[t]he doctrine of qualified immunity protects government officials from suit if their conduct does not violate clearly established … Given that no violation of clearly established law transpired, there could be no clearly established obligation to prevent one.

Berrios v. State University of New York at Stony Brook

518 F. Supp. 2d 409 · District Court, E.D. New York · Oct 10, 2007

Statute of Limitations and Qualified Immunity Defendants raise serious issues regarding statute of limitations and qualified immunity. … The court rules similarly with respect to the issue of qualified immunity and holds that at this early stage of the proceedings, where the facts have yet to be developed, dismissal on the basis of qualified immunity is denied

Vasicka v. Kerwin

District Court, E.D. New York · Sep 30, 2022

Qualified immunity attaches “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … Qualified immunity shields officers from liability unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person should have known.”

Levy v. Lerner

853 F. Supp. 636 · District Court, E.D. New York · May 26, 1994

The Judicial Immunity Doctrine Similarly, the State Justices are not absolutely immune under the doctrine of judicial immunity. … Boyle, 738 F.Supp. 70, 75 (E.D.N.Y.1990) (qualified immunity did not bar action against county attorney for declaratory or injunctive relief).