Case law

Mendelsohn v. University Hospital

178 F. Supp. 2d 323 · District Court, E.D. New York · Jan 2, 2002

The Title VII Gender Discrimination Claim To establish a prima facie Title VII claim for failure to promote, an employee must allege that: (1) he is a member of a protected class; (2) he is qualified for the job to which … The Hospital moves to dismiss this cause of action on the ground that it is immune from suit pursuant to the Eleventh Amendment.

White v. County of Suffolk

District Court, E.D. New York · Mar 31, 2023

, the Magistrate Judge found Plaintiff’s allegations undermined Spota’s probable cause defense: “Spota has not established entitlement to qualified immunity as to the malicious prosecution … As to Plaintiff’s First Objection: Plaintiff contends the TAC clearly “contains facts that establish a claim for personal involvement of each prosecutor in a way exempt from immunity,” yet Magistrate

United States v. Pepper & Potter, Inc.

677 F. Supp. 123 · District Court, E.D. New York · Jan 27, 1988

I also signed numerous immunity applications during the grand jury investigation. The defendants oppose disqualification. … Whereas the old rule had required a judge to sit if statutory grounds for disqualification had not been established, see, e.g., Edwards v.

Levy v. Rowland

359 F. Supp. 2d 267 · District Court, E.D. New York · Mar 21, 2005

Defendants’ Memorandum of Law briefly mentions qualified immunity as a defense, but does not adequately address the issue with regard to the individual defendants. (See Defs.' Mem. at 14-16.) … Thus, the Court will not analyze qualified immunity with regard to those defendants at this juncture.

Wasser v. New York State Office of Vocational & Educational Services for Individuals with Disabilities

683 F. Supp. 2d 201 · District Court, E.D. New York · Aug 27, 2008

Marasciullo, for his part, interpreted the regulation’s qualifying language to allow him complete control over the direction of the hearing. Id. at 10:3-11:12. … [and] if the individual establishes good cause for such failure.” Id.

Fraser v. United States

490 F. Supp. 2d 302 · District Court, E.D. New York · Jun 4, 2007

Paragraph 14 clearly states, “This Amendment 1 to IFB 21451-0035 incorporates the following changes....” Id. ¶ 14. … The *313 Tort Claims Act does not waive sovereign immunity as to such claims.”).

Fiallo v. Levi

406 F. Supp. 162 · District Court, E.D. New York · Nov 28, 1975

Decisions of consuls granting or denying a visa have been held to be immune from judicial review. See, e. g., Loza-Bedoya v. INS, 410 F.2d 343 (9th Cir. 1969). … There is no doubt that Congress can establish classifications which result in the granting of benefits to one group of individuals, and their denial to another.

Lopez v. Internal Revenue Service

614 F. Supp. 1332 · District Court, E.D. New York · Apr 1, 1985

There was some discussion, albeit unclear, over whether plaintiff’s attorney really wanted his client to testify on his own behalf to establish the inappropriateness of the tax assessment. … Thus, if “these facts” were assumed, plaintiff’s counsel contended that it would clearly be unfair to treat the value of the cocaine as liquid taxable income and attribute it all to plaintiff.

Van-Go Transport Co., Inc. v. New York City Bd. of Educ.

971 F. Supp. 90 · District Court, E.D. New York · Jul 30, 1997

A license to fire at will does not carry with it permission to poison with immunity. Id. at 725 , 635 N.Y.S.2d 995 . … To assert a qualified privilege, a party “must establish that the allegedly defamatory state *105 ment was made upon an occasion furnishing a prima facie justification for its publication.” Garson v.

Romano

District Court, E.D. New York · Feb 26, 2026

Qualified Immunity: Liability of Defendants Sued in Their Individual Capacities Hubbard and Rothwell argue that they are entitled to qualified immunity. Town Defs.’ Mot. at 22-23. … “The doctrine of qualified immunity protects ‘government officials performing discretionary functions’ from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory

McCrae v. Town Of Brookhaven

District Court, E.D. New York · Dec 16, 2024

To be shielded under qualified immunity, “a reasonable officer” must have believed the actions “to be lawful, in light of clearly established law and the information he possessed.” … Qualified immunity will protect officials from liability “as long as ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Gilles v.

Leone v. United States

690 F. Supp. 1182 · District Court, E.D. New York · Jun 8, 1988

The FTCA did not waive the sovereign immunity of the United States in all respects; rather, Congress carved out various exceptions to the FTCA’s broad waiver of immunity. … In Hendry , plaintiff was licensed by the Coast Guard as qualified to sail as master of a steam vessel.

Boeing Co. v. EgyptAir, & MISR Insurance

392 F. Supp. 2d 461 · District Court, E.D. New York · Sep 30, 2005

Tencara Shipyard S.P.A., 170 F.3d 349, 353 (2d Cir.1999) (“It is clearly established that ‘an insurer stands in the shoes of its insured.’ ” (quoting Gibbs v. … A United States court is clearly better qualified to interpret the laws of its country than a foreign court.

Harris v. City of New York

District Court, E.D. New York · Nov 4, 2019

They cite Darnell, but the Second Circuit did not address the merits of the defendants’ qualified immunity defense in that opinion. … established, ‘““‘it is no defense for a police officer who violated this clearly established law to respond that he held an objectively reasonable belief that his conduct was lawful.’”

Milici v. Bratton

District Court, E.D. New York · Aug 14, 2020

“Qualified immunity shields officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … to qualified immunity.

In Re Air Crash Near Nantucket Island, Ma

392 F. Supp. 2d 461 · District Court, E.D. New York · Sep 30, 2005

Tencara Shipyard S.P.A., 170 F.3d 349 , 353 (2d Cir.1999) ("It is clearly established that `an insurer stands in the shoes of its insured.'" (quoting Gibbs v. … A United States court is clearly better qualified to interpret the laws of its country than a foreign court.

United States v. Sanusi

813 F. Supp. 149 · District Court, E.D. New York · Dec 7, 1992

His comments to the other agents and defendant’s wife can be heard clearly. He asks defendant’s wife for a photograph of defendant. … NLRB, 301 U.S. 103, 132-33 , 57 S.Ct. 650, 656 , 81 L.Ed. 953 (1937) (“The publisher of a newspaper has no special immunity from the application of general laws.

United States v. Marshall

986 F. Supp. 747 · District Court, E.D. New York · Dec 20, 1997

After hearing testimony from the polygraph examiner on his qualifi *750 cations, the testing procedure and his opinion that the defendant had answered the questions truthfully, the district court stated as follows: It was … In Wiley , the Fourth Circuit held that a prosecutor was entitled to qualified immunity for compelling police officers, upon threat of job loss, to take polygraph examinations where the law was not clearly established as

Borisova v. Friberg

District Court, E.D. New York · Aug 8, 2023

Qualified Immunity Qualified immunity protects government actors from liability for civil damages if their “conduct did not violate plaintiff’s clearly established rights … Qualified Immunity “There is no doubt that the right to be free from arrest without probable cause was clearly established” under both federal and state law when the

United States v. Rivieccio

723 F. Supp. 867 · District Court, E.D. New York · Sep 5, 1989

The evidence, however, clearly demonstrates that Mr. … The harmless beyond a reasonable doubt standard, which was applied there, was clearly appropriate because the issue was whether the conceded misuse of the defendant’s immunized testimony led to evidence upon which he was