Case law

Ottley v. City of New York

District Court, E.D. New York · Sep 29, 2022

An officer is protected by qualified immunity unless his conduct violated “clearly established statutory or constitutional rights of which a reasonable person should have known.” Chamerlain Est. of Chamberlain v. … Even were that not so, Officer Proietti would be entitled to qualified immunity for this extraction, because his actions did not violate “clearly established statutory or constitutional rights of which a reasonable person

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

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.

Harger Da Silva v. New York City Transit Authority

District Court, E.D. New York · May 29, 2025

Unlike federal qualified immunity—which provides immunity from suit—both state law immunity defenses Transit Defendants invoked only provide “an immunity from liability—as opposed to an immunity from suit— [and thus] … Even if they had, the Court would not have granted the request.3 This case has been pending for nearly eight years, fact disputes permeate the qualified immunity inquiry, and established law supported by a century of

Coleman v. County Of Nassau

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

clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Making false statements in furtherance of a prosecution is a violation of an accused’s clearly established Fourth Amendment rights, and as such is not protected by qualified immunity.

Sarmiento v. Queens College CUNY

386 F. Supp. 2d 93 · District Court, E.D. New York · Feb 11, 2005

The statement in the EEOC letter was clearly inaccurate. … Defendant clearly had a legitimate, non-pretextual basis for finding that Plaintiff was less qualified for the positions.

Raysor v. Police Officer Troy Ann Safi

District Court, E.D. New York · Sep 4, 2025

“Even where actual probable cause does not exist, police officers may be entitled to qualified immunity from a § 1983 false arrest claim [1] if their actions did not violate ‘clearly established’ rights or [2] if ‘arguable … May 20, 2020) (“On summary judgment, it is defendants’ burden to establish their entitlement to qualified immunity.”) (citing Sloley v. VanBramer, 945 F.3d 30, 46 (2d Cir. 2019)).

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.

Lora v. Board of Education

74 F.R.D. 565 · District Court, E.D. New York · May 12, 1977

Taylor, giving a lawyer’s work product a qualified immunity rather than a privilege, with qualifications to be determined upon the question of necessity or good cause as shown by the facts in each case. … CONCLUSION ’ The balance of relevant factors in this case clearly falls on the side of compelled disclosure.

Cohen v. Bane

853 F. Supp. 620 · District Court, E.D. New York · May 20, 1994

This presumption is clearly erroneous. 1. … Indeed, it is well-established that there is no property interest in continued participation in the Medicaid program. Kelly Kare, Ltd. v. O’Rourke, 930 F.2d 170 , 175 (2d Cir.1991); Plaza Health Labs., Inc. v.

Drayton v. City of New York

District Court, E.D. New York · May 20, 2020

On summary judgment, it is defendants’ burden to establish their entitlement to qualified immunity. Sloley v. VanBramer, 945 F.3d 30, 46 (2d Cir. 2019). … Fabrication of evidence violates a clearly established constitutional right. Gomez, 2017 WL 1034690, at *8 (finding officer defendants not entitled to defense of qualified immunity).

New York State Ass'n for Retarded Children, Inc. v. Carey

466 F. Supp. 487 · District Court, E.D. New York · Feb 28, 1979

We, therefore, made the decision to establish classes of combined handicaps but separated according to ages. Dr. … Sections 84.3(E) and 84.33(a) establish the obligation of the Board to provide to each qualified handicapped person a “free appropriate public education,” which § 84.33(b) defines as the provision of regular or special education

Bennett v. Hannelore Enterprises, Ltd.

296 F. Supp. 2d 406 · District Court, E.D. New York · Dec 19, 2003

Borrowing Statute and the Privi- . leges and Immunities Clause Plaintiffs also argue that “[t]o the extent the New York Court of Appeals’ decision in ... … As a result, this court concludes that CPLR 202 application in this case does not violate the Privileges and Immunities Clause. 3.

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

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.

Mazza v. Bratton

108 F. Supp. 2d 167 · District Court, E.D. New York · Aug 4, 2000

Wickremesinghe “intended to mean that I was responding favorably and that I could then return to duty with some accommodation,” (Mazza Aff. ¶ 54), the note clearly does not so state, nor has Dr. … A plaintiff bringing a claim of discriminatory discharge under the ADA bears the initial burden of establishing a prima facie case of discrimination.

Bruney

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

Qualified Immunity The defendants argue that the individual defendants are entitled to qualified immunity. (ECF No. 43 at 25–26.) … Accordingly, at this stage, the Court rejects the defendants’ qualified immunity defense. b.

Hassan v. Slater

41 F. Supp. 2d 343 · District Court, E.D. New York · Mar 1, 1999

As stated above, the plaintiff clearly is unable to establish irreparable harm and therefore is not entitled to equitable relief no matter how likely his chances of success on the merits. … from suit despite the absence of an unequivocal waiver of sovereign immunity.

Magnani v. North Shore Central School District

District Court, E.D. New York · Aug 28, 2019

Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate … Here, if a jury concludes that Ferris discriminated against Magnani on the basis of age, then he also violated her clearly established Equal Protection rights, and he would not be entitled to qualified immunity.

Parker v. Incorporated Village of Freeport

District Court, E.D. New York · Aug 15, 2024

Qualified immunity shields “government officials performing discretionary functions…from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Count I: Fourth Amendment Violations and Qualified Immunity), Second Circuit precedent has clearly established a restrained and complaint arrestee’s right to be free from the use of significant force, where qualified