Case law

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.

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.

Saggio v. Sprady

475 F. Supp. 2d 203 · District Court, E.D. New York · Feb 16, 2007

I hold that there was no infringement of federal constitutional rights and that, in any event, the individual defendants are entitled to qualified immunity. … Qualified Immunity Principal Caswell, Dr. Cook (who is apparently the former principal of Westh-ampton High School), and Superintendent Lynn Schwartz are named as defendants in the complaint.

Simon v. Safelite Glass Corp.

943 F. Supp. 261 · District Court, E.D. New York · Oct 28, 1996

To survive a motion for summary judgment [in an ADEA cause of action], the plaintiff must first establish a prima facie case of discrimination by showing that he or she (1) is a member of a protected group; (2) was qualified … For that failure to disclose sanctions are clearly warranted.

Jimenez v. Vargas

District Court, E.D. New York · Feb 11, 2025

Furthermore, defendants would clearly be entitled to qualified immunity based on arguable probable cause given that they directly observed plaintiff fleeing the barracks and had to make a split-second decision to pursue … “Even where an officer is found to have used excessive force…the doctrine of qualified immunity will shield that officer from liability for damages if his conduct did not violate clearly established statutory or constitutional

In re Cichanowicz

247 F. Supp. 975 · District Court, E.D. New York · May 11, 1965

Petitioner also adds in a halfhearted way that the Trustee failed to establish that the debtor was insolvent at the time of the transfer. … The alleged transfer in this case was not perfected until April 19, 1963 and consequently did not enjoy such immunity prior thereto. .

Spelar v. United States

75 F. Supp. 967 · District Court, E.D. New York · Feb 11, 1948

Clearly, therefore, Harmon Field, the locale of the accident which gave rise to the claim at bar, is, under the Connell case, a “territory or possession of the United States,” within the meaning of the Fair Labor Standards … Yet, for his death there, even though negligence be established, his widow is, under my construction of the tort statute, without remedy because it is a “foreign country.”

Wills v. Microgenics Corporation

District Court, E.D. New York · Aug 10, 2021

established” for purposes of qualified immunity. … Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or

National Law Center on Homelessness & Poverty v. New York

224 F.R.D. 314 · District Court, E.D. New York · Oct 23, 2004

(iii) If the child or youth needs to obtain immunizations, or immunization or medical records, the enrolling school shall immediately refer the parent or guardian of the child or youth to the local educational agency liaison … designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations, or immunization or medical records. . 42 U.S.C.A. § 11432 (g)(3)(C).

Benbow v. Feely

District Court, E.D. New York · Dec 19, 2024

qualified immunity defense as to this specific claim.9 The qualified immunity defense can be waived. … must (or need not) be established in order to overcome a qualified immunity defense on Anderson’s part.

JTE Enterprises, Inc. v. Cuomo

2 F. Supp. 3d 333 · District Court, E.D. New York · Feb 15, 2014

This notice (1) informs appellants of the special rules and instructions for unemployment insurance appeals which have been established by the Third Department; (2) instructs appellants to write to the Attorney General’s … This is clearly retrospective relief concerning the refund of state tax payments, not prospective relief designed to address an ongoing violation of federal law.

Dimino v. New York City Transit Authority

64 F. Supp. 2d 136 · District Court, E.D. New York · Sep 14, 1999

Defendants contend that Long is entitled to qualified immunity from suit under this statute because Dimino has not asserted that Long violated any of Dimino’s established constitutional rights. 22 The § 1983 claims alleged … The Eleventh Circuit held that the chief was entitled to qualified immunity from the officer’s § 1983 suit because "in April 1990, [it] was [not] clearly established in this circuit that it was unconstitutional for police

Bloom v. NEW YORK STATE COM'R 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.

Toure v. Air France

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

Qualified immunity can shield police officers from civil liability under § 1983 “if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) … Where an official could be expected to know that certain conduct 6 Defendants argue that Avitabile cannot establish a clearly established right for purposes of qualified immunity analysis because “a right is clearly established

Hom v. Brennan

304 F. Supp. 2d 374 · District Court, E.D. New York · Jan 29, 2004

Moreover, Gabriella is entitled to qualified immunity against Horn’s claims that she “took too long to forward transcripts to [him].” See Antoine v. … Byers & Anderson, Inc., 508 U.S. 429 , 113 S.Ct. 2167 , 124 L.Ed.2d 391 (1993) (holding that the failure of a court reporter to produce a trial transcript in timely fashion was covered by qualified, not absolute immunity)

Perks v. Town of Huntington

251 F. Supp. 2d 1143 · District Court, E.D. New York · Mar 12, 2003

Moreover, it is clear that Scar-pati-Reilly’s alleged conduct is not shielded by qualified immunity. … Government officials have qualified immunity from civil damages in Section 1983 actions when sued in their personal capacity, but only when their conduct does not violate “clearly established statutory or constitutional rights

Arar v. Ashcroft

414 F. Supp. 2d 250 · District Court, E.D. New York · Feb 16, 2006

Immunity Having dismissed Counts 2 and 3 of the complaint under the special factors precluding Bivens relief, the only remaining question is whether Count 4, if still viable, is subject to a defense under the qualified immunity … Accordingly, the merits of the constitutional argument will be considered before adjudication of the qualified-immunity issue. 10 . In Filartiga v.

Kirwin v. New York State Office of Mental Health

665 F. Supp. 1034 · District Court, E.D. New York · Jul 25, 1987

New York’s general waiver of immunity as stated in § 75-b(3)(c) clearly does not constitute an express waiver of immunity in federal courts. … Section 75-b clearly defines and limits the class of defendants targeted by the statute.

Anghel v. New York State Department of Health

947 F. Supp. 2d 284 · District Court, E.D. New York · May 29, 2013

The absolute immunity of the common law still exists today and “[i]n enacting § 1983, Congress did not intend to override well-established immunities or defenses under the common law.” Will v. … For example, “[e]ourts in this Circuit have consistently held that any attack on a judgment of foreclosure is clearly barred by the Rooker-Feldman doctrine.” Feinstein v.

Ryan v. Dow Chemical Co.

781 F. Supp. 934 · District Court, E.D. New York · Jan 29, 1992

Pleading Requirements In removal cases, defendant bears the burden of showing that removal is clearly appropriate: “if the right to remove is doubtful, the case should be remanded.” Lance Int’l, Inc. v. … This is because “official immunity comes at a great cost,” and thus “absolute immunity for federal officials is justified only when ‘the contributions of immunity to effective government in particular contexts outweigh the