Case law

Pellecier v. Marti

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

Marti is protected by qualified immunity. … clearly established law that such conduct constituted a constitutional violation.”

Perdue v. City University of New York

13 F. Supp. 2d 326 · District Court, E.D. New York · Jun 17, 1998

The immunity issue in Seminole centered on the second part of the test since the statute in question, the Indian Gaming Regulatory Act, clearly authorized suits by Indian tribes against States. … Applying the requisite two-prong test of Seminole , the court held, in regard to the first prong, that Congress clearly intended to abrogate the States’ sovereign immunity in respect to the FLSA.

Husain v. Springer

193 F. Supp. 2d 664 · District Court, E.D. New York · Mar 28, 2002

Not only must the state be found clearly to have subjected itself to suit, but it must also be found to have subjected itself to suit in federal court. 936 F.2d at 659 (emphasis in original) (citation and quotation omitted … Eleventh Amendment Immunity for SERC According to the complaint, SERC is a committee chaired by a CSI Administrator (defendant Silva) and established pursuant to Article 15.2(d) of the bylaws of the CUNY Board of Trustees

Thomas v. Nassau County Correctional Center

288 F. Supp. 2d 333 · District Court, E.D. New York · Oct 28, 2003

Okst, 101 F.3d 845, 856 (2d Cir.1996)). *338 To establish a constitutional claim of inadequate medical care, the plaintiff must prove “deliberate indifference to [his] serious medical needs.” Estelle v. … Thus, the plaintiffs complaint, at most, alleges a cause of action for medical malpractice which is clearly not a constitutional violation.

Marsh v. The City of New York

District Court, E.D. New York · Aug 19, 2022

“The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation . . . .

Muralles-Osorio v. Town of Riverhead

District Court, E.D. New York · Mar 14, 2023

Qualified immunity is available to government officials, including police officers, only where their “actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have … Against this backdrop, it is clear that Defendants have failed to establish their entitlement to qualified immunity.

Pinaud v. County of Suffolk

798 F. Supp. 913 · District Court, E.D. New York · Jun 25, 1992

This clearly supports Pinaud’s claim that he believed that he need not appear until the scheduled sentence date, which was to be on November 7, 1984. … The defendant has clearly established from the totality of the circumstances that he has met the requirements of CPL 210.40 necessary to invoke the judicial discretion requested in this motion.

Sclafani v. PC Richard & Son

668 F. Supp. 2d 423 · District Court, E.D. New York · Nov 9, 2009

To hold otherwise would effectively immunize from Title VII liability any sexual harassment following a failed relationship. … (finding defendant’s conduct outside the scope of his employment for purposes of immunity) (citing Riviello, 418 N.Y.S.2d 300 , 391 N.E.2d at 1281 ).

Toure

District Court, E.D. New York · Dec 18, 2025

Plaintiff is also barred from recovering against Officer Cassino if she can demonstrate that she was entitled to qualified immunity. See Outlaw v. … Qualified immunity protects a police officer from civil damages if she can show that “(a) [her] action did not violate clearly established law, or (b) it was objectively reasonable for [her] to believe that [her] action

The Estate of Sheldon A. Samuel, by the administratrix of his estate, Diamond Morris v. Jonathan Calderon, Ashley Gonzalez, Daniel Molinski, Dean Roberts, and Vance Merrick

District Court, E.D. New York · Aug 11, 2026

Qualified immunity shields officials from lawsuits for violating plaintiffs’ rights so long as the official did not “violate clearly established statutory or constitutional rights of which a reasonable person would have … would be entitled to qualified immunity.

Vertical Broadcasting, Inc. v. Town of Southampton

84 F. Supp. 2d 379 · District Court, E.D. New York · Feb 22, 2000

Finally, defendants seek dismissal of the complaint as against defendants Cannuscio and Halsey on the ground of qualified immunity. … Nótale, 170 F.3d at 263 (before a plaintiff is permitted to establish conduct violative of substantive due process he must first establish a federally protectable property right); RRI Realty 870 F.2d at 918 (focusing on entitlement

Moche v. City University of New York

781 F. Supp. 160 · District Court, E.D. New York · Jan 2, 1992

Cassells is precedent for the conclusion that § 297(9) does not waive Eleventh Amendment immunity. … CUNY community colleges are established through local governmental sponsors including the City of New York. N.Y. Education Law § 6302 (McKinney 1985).

Doe v. Haas

District Court, E.D. New York · Dec 9, 2019

immunity as rights were not clearly established); Doe v. … Mich. 2019) (holding the right to cross-examine an accuser at university disciplinary hearing was not clearly established, entitling individual defendants to qualified immunity); Doe v. Univ. of Miss., 361 F.

Crespo v. The City of New York

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

A state official is entitled to qualified immunity unless “(1) . . . [they] violated a statutory or constitutional right, and (2) . . . the right was clearly established at the time of the challenged conduct.” … Clearly Established. Yet the officers are nevertheless entitled to qualified immunity because plaintiffs’ rights were not clearly established.

New York v. United States

620 F. Supp. 374 · District Court, E.D. New York · Oct 8, 1985

Second, defendants argue that § 313(a) of the CWA, 33 U.S.C. § 1323 , only waives their sovereign immunity from liability under state laws which contain objective and administrative pre-established water pollution control … Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976) (“It has long been established, of course, that the United States, as sovereign, ‘is immune from suit save as it consents to be sued ... and the terms

Frederick v. City of New York

District Court, E.D. New York · Jun 28, 2021

of qualified immunity, which “protects government officials from suit if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “[A]n arresting officer will . . . be entitled to qualified immunity from a suit for damages if he can establish that there was arguable probable cause to arrest.” Escalara v.

Jones by Jones v. Lederle Laboratories

695 F. Supp. 700 · District Court, E.D. New York · Aug 1, 1988

A plethora of rules establish the procedure for review of drugs submitted for licensing. See generally id. § 601.25(a)-(c). In addition, standards for safety, effectiveness, and labeling are established. … Laws adopted pursuant to the police power are not superseded under the Supremacy Clause unless Congress or the agency clearly manifests an intention to do so. Id.

Payne v. Meeks

200 F. Supp. 2d 200 · District Court, E.D. New York · May 1, 2002

Section 413 further provides that “[t]he authorization to bring judicial proceedings under [the Act] shall not constitute a waiver of sovereign immunity for any other purpose.... ” 2 U.S.C. § 1413 . … Here, the comprehensive statutory scheme established by Congress to govern the rights of congressional employees clearly precludes Payne’s Bivens claim for unconstitutional discharge.

Bates v. New York City Transit Authority

721 F. Supp. 1577 · District Court, E.D. New York · Sep 26, 1989

The cases clearly state that not all acts of a state official are under color of state law. … Defendant Corkran enjoys immunity from suit on another basis. “[T]he party against whom recovery is sought must not be cloaked with immunity.

European Community v. RJR NABISCO, INC.

814 F. Supp. 2d 189 · District Court, E.D. New York · May 13, 2011

In doing so, the Court explicitly reserved opinion on whether “a foreign state must be diplomatically recognized by our own Government to qualify as such under the jurisdictional statute.” Id. Recently, in Samantar v. … See id., art. 221 (establishing a court of fifteen judges); Treaty of Nice Amending the Treaty on European Union, the Treaties Establishing the European Communities and Certain Related Acts [hereinafter “Nice Treaty”], art