Case law

United States v. Gotti

788 F. Supp. 700 · District Court, E.D. New York · Mar 19, 1992

In fact, however, Pittsburgh Plate Glass only established that a third party (in that case, the defendant) has no presumptive right to obtain the grand jury minutes of others’ testimony. … Clearly, unlike an immunized witness, a witness who claims the fifth amendment privilege (with no subsequent grant of immunity) is not subject to a perjury prosecution. .

Toussie v. County of Suffolk

806 F. Supp. 2d 558 · District Court, E.D. New York · Aug 2, 2011

The individual Defendants are entitled to summary judgment, nonetheless, on the basis of qualified immunity. 3. … Qualified Immunity “Under qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Newell v. Troy

343 F. Supp. 1253 · District Court, E.D. New York · Jun 8, 1972

In Powell , as clearly is the case here, “there is neither a claim nor any evidence of any racial discrimination in the primary election here under attack.” … As recently pointed out in this Circuit, “States have broad authority, absent valid congressional legislation, to establish rules regulating the manner of conducting both primary and final elections ....

Caviezel v. Great Neck Public Schools

701 F. Supp. 2d 414 · District Court, E.D. New York · Apr 5, 2010

In fact, her oldest son is up to date with his immunizations. However, she relies on another method of establishing that her children were immunized against disease, namely a blood test. … This wise observation was clearly stated in Friedman v. Clarkstown Cent.

Uppal v. East Islip Union Free School District

District Court, E.D. New York · Nov 30, 2020

Qualified Immunity Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory … Where the law was clearly established, “the availability of qualified immunity ‘generally turns on the [defendant’s conduct’s] objective legal reasonableness.’” Johnson v.

Jones v. City of New York

988 F. Supp. 2d 305 · District Court, E.D. New York · Dec 20, 2013

Plaintiffs amended complaint does not contain facts establishing a Fourth Amendment constitutional violation. No amendment to correct this deficiency is possible. B. Absolute Immunity 1. … is a prosecutorial function entitled to absolute prosecutorial immunity.

Scoma v. City of New York

District Court, E.D. New York · Jan 22, 2021

“clearly established” law. … Applying these standards, the court concludes that the Officers are entitled to qualified immunity because although clearly established law prohibits an officer from tasing an arrestee

Alcoa S. S. Co. v. Elmhurst Contracting Co.

61 F. Supp. 6 · District Court, E.D. New York · Jun 14, 1945

To have delayed the latter in anticipation of the failure promptly to obtain a qualified engineer, would have revealed a complete lack of understanding of the necessities of the business at hand. … This clearly implies that the voyage may be prolonged, i.e., extra freight money may be incurred under such circumstances.

Daniel v. Safir

135 F. Supp. 2d 367 · District Court, E.D. New York · Feb 23, 2001

Clearly, issuing a decision in a pending case is a “paradigmatic judicial act” to which complete immunity attaches. Forrester, 484 U.S. at 227 , 108 S.Ct. at 544 . … While the Eleventh Amendment does not expressly bar suits against a state by its own citizens, it is well-established that "an uncon-senting State is immune from suits brought in federal courts by her own citizens as well

Binder & Binder, P.C. v. Astrue

848 F. Supp. 2d 230 · District Court, E.D. New York · Jan 25, 2012

the principle of sovereign immunity). … In such circumstances, the SSA is clearly not liable to the claimant’s representative to pay the difference from general social security funds.

Tufano v. One Toms Point Lane Corp.

64 F. Supp. 2d 119 · District Court, E.D. New York · Sep 13, 1999

It clearly does not, as Plaintiff suggests, establish a “minimum violation of the Fair Housing Act.” B. … July 15, 1986) (prima facie case was established because, inter alia, prospective purchaser’s application clearly indicated he was of Hispanic origin).

Beninati v. Federal Deposit Insurance

55 F. Supp. 2d 141 · District Court, E.D. New York · Jul 13, 1999

It is well established that, absent express consent, the United States and its agencies are immune from suits involving money damages. Lehman v. … The FTCA does not waive immunity with regard to all torts.

Mental Disability Law Clinic v. Hogan

739 F. Supp. 2d 201 · District Court, E.D. New York · Sep 17, 2010

MHL § 9.60 establishes a procedure by which a court order can be obtained that provides for assisted outpatient treatment (“AOT”) for persons who suffer from a mental illness. … the Federal Rules of Civil Procedure and the Federal Magistrate’s Act, 28 U.S.C. §§ 631-639 (2006), provide the standard for a district court’s review of a nondispositive order of a magistrate judge, namely, is the order clearly

Richards v. New York Appellate Division, Second Department

597 F. Supp. 689 · District Court, E.D. New York · Jul 31, 1984

. § 2281 and maintain jurisdiction over this action until defendants “establish a hearing procedure in conformity with the requirements of the Fourteenth Amendment____” Plaintiff also requests that this Court declare the … This provision is clearly inapplicable to the instant case.

Cheeseboro v. Little Richie Bus Service, Inc.

254 F. Supp. 3d 485 · District Court, E.D. New York · May 30, 2017

Because the undisputed facts establish without question that Defendant violated no duty owed to Plaintiff, and because the Defendant is in any event immune under state law to Plaintiff’s claim, Defendant’s motion for summary … Because Defendant clearly did not “fail to comply” with either 8 N.Y.C.R.R. 156.3(g) or § 1229-d, Plaintiff’s argument that Defendant is not entitled to the immunity provided by N.Y. Education Law § 3813 (4) fails.

Infante v. Drug Enforcement Administration

938 F. Supp. 1149 · District Court, E.D. New York · Sep 9, 1996

As the court in Sarit explained, the forfeiture statutes “ ‘clearly make[ ] available to a claimant invoking the remedy an appropriate forum in which to test the legality of the contested seizure.’” … Thus, even if sovereign immunity had been waived in this case, subject matter jurisdiction must be separately established by the claim. Id.

Damino v. O'NEILL

702 F. Supp. 949 · District Court, E.D. New York · Sep 28, 1987

In the matter of the licensing of physicians, the state has a substantial interest in regulating who is professionally and morally qualified to practice medicine in order to protect the health and safety of the public. … Clearly, the instant case fulfills all three requirements. First, the state court review proceeding is obviously judicial in nature.

Pankos Diner Corp. v. Nassau County Legislature

321 F. Supp. 2d 520 · District Court, E.D. New York · Jun 5, 2003

State of New York, 708 F.2d 92, 93 (2d Cir.1983) (per curiam) (judgment might be uncollectible because of Eleventh Amendment immunity). … Facially, this language indicates that, beginning on March 1, 2003, smoking will not be allowed in any business establishments that serve food or qualify as bars or taverns.

Barella v. Village of Freeport

16 F. Supp. 3d 144 · District Court, E.D. New York · Apr 26, 2014

The Plaintiff also asserts that, during Hardwick’s four years as Mayor of the Village, he systematically hired and promoted less qualified and less experienced African-American and Hispanic employees over more qualified and … Under this burden-shifting framework, a plaintiff must first establish a prima facie case by showing that “(1) at the relevant time the plaintiff was a member of the protected class; (2) the plaintiff was qualified for the

Hernandez v. International Shoppes, LLC

100 F. Supp. 3d 232 · District Court, E.D. New York · Apr 23, 2015

Sovereign Bank, 701 F.Supp.2d 276, 293 (E.D.N.Y.2010) (“[t]o establish a prima facie failure to accommodate claim under the [NYSHRL] ... a plaintiff must demonstrate that ... she was otherwise qualified to perform the essential … Prima Facie Case To establish a prima facie ADA discrimination claim, a plaintiff must show that: (1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified to