Case law

Federal Republic of Germany v. Elicofon

536 F. Supp. 813 · District Court, E.D. New York · Aug 24, 1978

Thus, this Act clearly extinguished whatever rights the Grand Duchess’ legal predecessors might have had with respect to the annuity payments. … immunity from suit. 19 .

Donahue v. United States, Transportation Security Administration

457 F. Supp. 2d 137 · District Court, E.D. New York · Oct 23, 2006

Congress did not establish criteria for “presenting” a claim to a Federal agency. … Together, these statutory and regulatory provisions establish the FTCA’s presentment requirement.

Chinn v. City University of New York School of Law at Queens College

963 F. Supp. 218 · District Court, E.D. New York · May 21, 1997

The Eleventh Amendment clearly bars recovery of any money damages from Dean Glen for actions taken in her official capacity. … However, plaintiff argues that his hiring in 1990 and subsequent reappointments establish an employment contract with his employer. PI. Mem. of Law at 10.

Steele-Warrick v. Microgenics Corporation

District Court, E.D. New York · Apr 26, 2023

“[E]ven if the right was clearly established,” a court can still find a suit blocked by qualified immunity where “it was objectively reasonable for the officer to believe the conduct at issue was lawful.” Gonzalez v. … Thus, “[p]recedent directly on point is not required for law to be clearly established.” Sabir, 52 F.4th at 63.

Adames v. Mitsubishi Bank, Ltd.

751 F. Supp. 1548 · District Court, E.D. New York · Sep 11, 1990

For his part, Grillo states that while he was promoted once he was passed over on many occasions in which openings for which he was fully qualified were filled by a Japanese employee who was less qualified. … This circuit has held that the employment of foreign nationals in executive positions is immune from attack by American employees where the sole basis for challenging the foreign company’s actions is discrimination based

Glantz v. Cook United, Inc.

499 F. Supp. 710 · District Court, E.D. New York · Dec 27, 1979

This well-established qualified privilege has been applied in numerous circumstances, including cases such as this one where parties having an interest in a corporation or other institution have made arguably libelous statements … Once the qualified privilege is established, plaintiff has the burden of proving “[by] evidentiary facts that the defamatory statements were motivated by either ‘actual malice,’ ...

Apple v. Jewish Hospital & Medical Center

570 F. Supp. 1320 · District Court, E.D. New York · Sep 13, 1983

These authorities establish that the distinction inheres in whether the United States has the “authority to physically supervise the conduct” of the alleged independent contractor or employee. Logue v. … Such absence of control clearly distinguishes the “contract physician” in Wood from Dr.

Singh v. Sachem Central School District

District Court, E.D. New York · Jun 6, 2025

Even if a right is clearly established, a state officer is entitled to qualified immunity “if it was ‘objectively reasonable’ for him at the time of the challenged action to believe his acts were lawful,” or, in other … Finally, they argue that Principal Trombetta and Assistant Principal Flanagan are entitled to qualified immunity because they did not violate any of Plaintiffs’ clearly established constitutional rights.

Pierce v. City of N.Y.

293 F. Supp. 3d 306 · District Court, E.D. New York · Dec 11, 2017

For the same reason, Officer Belardo is not entitled to qualified immunity. There is simply no legally sufficient evidentiary basis to find that Sergeant Mercado failed to intervene. … For the same reason, when the facts are viewed in the light most favorable to plaintiff, Officer Belardo is not entitled to qualified immunity as a matter of law. *315 B.

United States v. Diesel Tanker A. C. Dodge, Inc.

148 F. Supp. 742 · District Court, E.D. New York · Feb 13, 1957

It is well established that, absent congressional enactment clearly .to. the' contrary, a suit brought by the United States in its sovereign capacity to en-, force a public right or establish a public, interest is not bound … If the cargo owners had sued in their own behalf, the defense of laches would, if established, prevail against them.

Manfredonia v. Barry

336 F. Supp. 765 · District Court, E.D. New York · Dec 2, 1971

Indeed, in order to establish that defendants were acting “under color of law”, a recitation of their governmental status would seem to be essential. Neither Harkless v. … The defendant George Aspland, District Attorney of Suffolk County, although not a moving defendant, is clearly entitled, as a quasi-judicial officer, to the immunity which is unavailable to the other defendants, since the

Allah v. The City of New York

District Court, E.D. New York · Dec 17, 2019

Defendants”), largely based on the doctrines of absolute and qualified immunity. (D.E. # 108 (“M&O”).) … established law.”

Ahmed v. Gelfand

160 F. Supp. 2d 408 · District Court, E.D. New York · Mar 5, 2001

As § 1986 is clearly predicated on the existence of a valid § 1985 claim, Plaintiffs § 1986 claims must fail as well. … Here, Plaintiff has failed to establish a prima facie case.

Geras v. Hempstead Union Free School District

149 F. Supp. 3d 300 · District Court, E.D. New York · Dec 17, 2015

“Qualified immunity protects officials from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Winfield … “In deciding qualified immunity, courts ask whether the facts shown [i] ‘make out a violation of a constitutional right,’ and [ii] ‘whether the right at issue was clearly established at the time of. defendant’s alleged misconduct

Flaherty v. National Marine Fisheries Service

697 F. Supp. 127 · District Court, E.D. New York · Oct 13, 1988

The Tucker Act The doctrine of sovereign immunity bars suit against federal agencies and officials unless Congress has waived immunity by statute. United, States v. … But it clearly specifies who is to be eligible for compensation. See 22 U.S.C. § 1980 (b).

Golden v. City of New York

418 F. Supp. 2d 226 · District Court, E.D. New York · Mar 7, 2006

immunity, and plaintiff cannot establish a Section 1983 municipal liability claim. … In any event, at a minimum, Detective Kanehl is entitled to qualified immunity. See Martinez v.

Vidal v. Duke

295 F. Supp. 3d 127 · District Court, E.D. New York · Nov 9, 2017

Obama , 724 F.3d 170 , 195-97 (2d Cir. 2013) (to establish standing, a plaintiff who is clearly in violation of a "recent and not moribund" statute need not affirmatively demonstrate the government's intent to enforce the … There are no bright-line rules for which interests qualify as "quasi-sovereign." See id. at 600, 607 , 102 S.Ct. 3260 ; 13B Charles A.

Capuano v. Braslow

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

Court reporters are entitled to qualified immunity from suit for civil damages as long as their conduct does not violate clearly established federal rights. See Curro v. Watson, 884 F. … As discussed above, the plaintiff does not allege any facts suggesting that the court reporters violated any of his clearly established federal rights; accordingly, they are also entitled to qualified immunity from this

Stockley v. AT & T Information Systems, Inc.

687 F. Supp. 764 · District Court, E.D. New York · May 25, 1988

However, these remaining claims (as well as the time-barred ones) cannot survive the plaintiff’s failure to raise a material issue of fact sufficient to defeat defendant’s defense of qualified privilege, which is clearly … established by undisputed facts.

Thomas v. Venditto

District Court, E.D. New York · Sep 29, 2023

“[T]he doctrine of qualified immunity . . . protects government officials from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … conduct did not violate a clearly established right.”