Case law

Fischer v. United States

451 F. Supp. 918 · District Court, E.D. New York · Jun 8, 1978

We cannot impute to Congress such a radical departure from established law in the absence of express congressional command.” 340 U.S. at 146 , 71 S.Ct. at 159 . … There the plaintiff claimed that while a civilian he was negligently examined and determined physically qualified by Air Force doctors at a recruiting station.

United States v. Tucker

495 F. Supp. 607 · District Court, E.D. New York · Jul 23, 1980

A necessary corollary of this holding, expressed clearly in both cases, is that “false testimony given under use immunity may nevertheless become the predicate for a perjury or false declaration charge.” … Defendant’s own admissions established, at least prima facie, that his answers were both responsive and literally false. Cf. United States v.

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.”

New York Pet Welfare Ass'n v. City of New York

143 F. Supp. 3d 50 · District Court, E.D. New York · Nov 12, 2015

Additionally, NYPWA's assertion that qualified immunity cannot be granted at the motion to dismiss stage is erroneous. See, e.g., X-Men Sec., Inc. v. … Pataki, 196 F.3d 56 , 66 (2d Cir.1999) (holding that where complaint fails to sufficiently allege the violation of a federal right, "the defendant is entitled to have his qualified-immunity motion granted promptly as a matter

Smith v. Town of Hempstead Department of Sanitation Sanitary District No. 2

798 F. Supp. 2d 443 · District Court, E.D. New York · Jul 19, 2011

McDermott and Noble are therefore also not entitled to a grant of summary judgment based on their qualified immunity from suit. … violate a clearly established right.

Bennett v. New York City Housing Authority

248 F. Supp. 2d 166 · District Court, E.D. New York · Dec 18, 2002

Federal defendants first assert that they enjoy sovereign immunity to the claims asserted. Congressional waivers of sovereign immunity must be unequivocally expressed in statutory text. See, e.g., *170 Lane v. … Plaintiffs do not argue the question of sovereign immunity under the FHA, apparently conceding the issue. In any event, the FHA does not include a waiver of sovereign immunity. Almonte v.

In Re Grand Jury Subpoena of Flanagan

533 F. Supp. 957 · District Court, E.D. New York · Feb 10, 1982

grant of immunity. … the bur- *966 don of establishing that its evidence was not derived from the testimony given by the witness under immunity in the first jurisdiction. 9 Under our law the prophylactic effect of this burden is preserved by

Kardovich v. Pfizer, Inc.

97 F. Supp. 3d 131 · District Court, E.D. New York · Mar 31, 2015

Discussion The scientific materials presented by plaintiffs, and specifically, the statements from those materials on which plaintiffs rely to establish the alleged fraudulent nature of Centrum’s promises, 1) specifically … This misses a broader point for which the science also stands-a point the Amended Complaint clearly alleges.

Cogswell v. County of Suffolk Deputy Sheriff's Dept.

375 F. Supp. 2d 182 · District Court, E.D. New York · Jul 7, 2005

A law enforcement officer that reasonably relies on a facially valid warrant issued by a neutral and detached magistrate is generally entitled to qualified immunity for such action. See Simms v. … In addition, the Deputies are entitled to qualified immunity based on the arrest warrant. C. As to the Section 1983 Claim for Unlawful Entry The Plaintiffs unlawful entry claim is also without merit.

Commack Self-Service Kosher Meats Inc. v. State of NY

954 F. Supp. 65 · District Court, E.D. New York · Feb 13, 1997

. § 1983 for violation of the First Amendment’s Establishment Clause and the Fourteenth Amendment’s Equal Protection Clause and (2) the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb et seq., for violation … Given the Supreme Court’s insistence that abrogation be found only where Congress’s intent has been clearly and unmistakably expressed, I cannot conclude that the RFRA, with its sole textually expressed purpose of restoring

Miller v. County of Nassau

467 F. Supp. 2d 308 · District Court, E.D. New York · Dec 12, 2006

immunity. … A decision by a judge regarding the acceptance of plea bargains is clearly a judicial action, and clearly within the scope of the judge’s jurisdiction.

Vasile v. Dean Witter Reynolds Inc.

20 F. Supp. 2d 465 · District Court, E.D. New York · Sep 14, 1998

, but are entitled to qualified immunity. … Communications falling within this category are deemed privileged, and are granted either absolute or qualified immunity from suit. Id.

Dal International Trading Co. v. The SS Milton J. Foreman

171 F. Supp. 794 · District Court, E.D. New York · Mar 13, 1959

“Prima facie evidence” is evidence which, if unrebutted or unexplained, is sufficient to establish the fact to which it is related. … Respondents stress the qualifying language on the bills such as “shipper’s weight” and “Said To Be”.

The Navemar

17 F. Supp. 647 · District Court, E.D. New York · Dec 31, 1936

Certainly in its present form and substance the suggestion does not meet the tests which have been clearly defined by the United States Supreme Court. … An opportunity so to present and establish them should be accorded when the case goes back, as it must.” Thereafter, as reported in Berizzi Bros. Co. v.

Gill v. Stella

845 F. Supp. 94 · District Court, E.D. New York · Mar 5, 1994

immunity. … If a constitutional violation is not shown, then the Court need not reach the issue of qualified immunity. Siegert , 500 U.S. at-, 111 S.Ct. at 1794 .

Yap v. Oceanside Union Free School District

303 F. Supp. 2d 284 · District Court, E.D. New York · Feb 2, 2004

Qualified Immunity. … Since, as discussed supra, the Court concludes that no reasonable trier of fact could conclude that constitutional deprivations occurred, the Court does not reach the qualified immunity analysis. 6.

Lopresto v. Department of Revenue, Florida (In Re Iorizzo)

114 B.R. 19 · District Court, E.D. New York · Feb 27, 1990

As discussed below, we hold that a significant question involving defendant’s Eleventh Amendment sovereign immunity does not exist and that defendant has not presented evidence to establish that the property was not part … While the law is clearly established that property obtained by fraud is not part of the bankrupt’s estate, 7 this rule is based on a policy that property should remain in the hands of the rightful owner and hence it is generally

T.S. (a minor child) v. Bay Shore Union Free School District

District Court, E.D. New York · Sep 30, 2024

Qualified Immunity Notwithstanding T.S.’ ability to make a § 1983 claim, Ingold contends that she is protected from suit by the doctrine of qualified immunity. … Qualified immunity shields “government officials ‘from liability for civil damages insofar as [his or her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Bloom v. New York State Commissioner of Health

573 F. Supp. 2d 732 · District Court, E.D. New York · Jul 28, 2004

Plaintiff alleges that because his request to obtain qualified counsel was denied, he was unable to adequately litigate and defend the charges brought against him. … The absolute immunity of the common law still exists today. “In enacting § 1983, Congress did not intend to override well-established immunities or defenses under the common law.” Will v.

Nguyen v. Milliken

104 F. Supp. 3d 224 · District Court, E.D. New York · Apr 21, 2015

“It is well settled that Congress did not abrogate the States’ sovereign immunity by enacting § 1983 and New York has not waived its immunity” as to claims of this nature. Marino, 18 F.Supp.3d at 335 (citing Dube v. … plausible claim under federal law, the Court declines to exercise supplemental jurisdiction over any state law claims, to the extent Plaintiffs are attempting to assert such state law claims. , It is not clear that Mr.,Nguyen qualifies