Case law

Piotrowski v. the Rocky Point Union Free School District

District Court, E.D. New York · May 28, 2020

In the alternative, the County Defendants argue that they are entitled to qualified immunity because they are government actors and their conduct did not violate a clearly established right. … Mayer is also not entitled to qualified immunity at this stage.

Blassingame v. Secretary of the Navy

626 F. Supp. 632 · District Court, E.D. New York · Nov 14, 1985

6 it does not alter the existing limitations on district court jurisdiction established by the Tucker Act. … The governing statute, 10 U.S.C. § 505 , authorizes the armed services to accept qualified enlistees between the ages of 17 and 35. Persons under 18 must also have the written consent of a parent or guardian. Mr.

Arum v. Miller

331 F. Supp. 2d 99 · District Court, E.D. New York · Jun 8, 2004

To the contrary, because the Nassau County Defendants clearly commenced the instant motion under both Rule 12 (c) and Rule 56 , the parties were on notice that Rule 56 applied. See United States v. … The legal principles employed by the Court when ruling upon a motion for summary judgment are well-established.

Xu v. Suffolk County

District Court, E.D. New York · Mar 26, 2021

Immunity As an initial matter, the individual Suffolk County Defendants are entitled to both qualified immunity and absolute quasi-judicial immunity. … “A government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Cagan

District Court, E.D. New York · Jun 30, 2026

to be free from arrest without probable cause” is a “clearly established right[] that justif[ies] the denial of qualified immunity.” … While Hall may have been involved in Cagan’s prosecution, he is entitled to qualified immunity.

Bowring v. Sapporo U.S.A., Inc.

234 F. Supp. 3d 386 · District Court, E.D. New York · Feb 10, 2017

Unlike the slogan “vitamins + water = what’s in your hand,” Sapporo’s use of the term “Imported” is a truthful statement, and qualified by the visible disclosure statement specifying the beer’s origin in Canada. … Sapporo’s marketing and slogans allude to the company’s actual Japanese heritage and are clearly qualified by the disclaimer. 2 Considering each allegedly misleading statement and Sapporo’s marketing as a whole, the Court

Bano v. City of New York

District Court, E.D. New York · Jun 26, 2025

Nonetheless, Ramirez contends that she is entitled to qualified immunity. … “ACS caseworkers and their superiors are generally entitled to qualified immunity from claims under §1983 if it was objectively reasonable for the caseworkers to believe their conduct did not violate clearly established

Valencia Ex Rel. Franco v. Lee

55 F. Supp. 2d 122 · District Court, E.D. New York · Jun 23, 1999

Rosen is qualified to give expert testimony on the subject of childhood lead poisoning, and that the bases upon which he rests the opinions set forth in his report and affidavit exhibit sufficient indicia of reliability. … Accordingly, for plaintiffs’ claim to survive, plaintiffs must establish the existence of a “special relationship” based upon either of the remaining exceptions to the general rule immunizing municipal bodies from liability

Davis v. Proud

2 F. Supp. 3d 460 · District Court, E.D. New York · Mar 5, 2014

. -, 131 S.Ct. 1651, 1657 , 179 L.Ed.2d 700 (2011); see also Pennhurst State, 465 U.S. at 98 , 104 S.Ct. 900 (“[T]he principle of sovereign immunity is a constitutional limitation on the federal judicial power established … Since SNAP benefits “are a matter of statutory entitlement for persons qualified to receive them,” Atkins v.

Sterling v. United States

749 F. Supp. 1202 · District Court, E.D. New York · Oct 12, 1990

Waiver of Sovereign Immunity The principles of sovereign immunity are well-settled. The United States, as sovereign, cannot be sued without its consent. United States v. … According to the court in Ysasi , this incorporation established the similarity of customs law violations and the violations at issue in that case. Id. at 1525 .

Ryan v. Cleland

531 F. Supp. 724 · District Court, E.D. New York · Apr 26, 1982

Neither contention is clearly set forth in the plaintiffs’ brief. … Both statutes merely establish that declaratory relief is available in a case that is otherwise within the court’s jurisdiction.

Miranda v. South Country Central School District

District Court, E.D. New York · Jul 27, 2020

Defendants’ letter had not mentioned qualified immunity. After plaintiff filed an opposition to the motion, defendants filed a reply that raised qualified immunity for the first time. … Since it is well-established that “[a]rguments may not be raised for the first time in a reply brief,” Knipe v.

Chambers v. Toulon

District Court, E.D. New York · Oct 20, 2022

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether plaintiff qualifies for in forma pauperis status, and then … It is well-established that New York State has not waived its sovereign immunity from Section 1983 claims. See, e.g., Mamot v. Bd. of Regents, 367 F. App’x 191, 192 (2d Cir. 2010) (summary order).

Sheikh

District Court, E.D. New York · Sep 2, 2026

An officer is entitled to qualified immunity . . . if he can establish that he had arguable probable cause to arrest the plaintiff.” McKinley, 2023 WL 4364182, at *6 (quoting Simpson v. … In other words, “a police officer is entitled to qualified immunity where ‘(1) [her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2)

Appling v. City of New York

District Court, E.D. New York · Feb 23, 2021

“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 person would have known … Katz, 533 U.S. 194 (2001), when an official raises qualified immunity as a defense, the court must consider whether: ‘(1) . . . the official violated a statutory or constitutional right, and (2) . . . the right was “clearly

Campbell

District Court, E.D. New York · Mar 31, 2026

While qualified immunity is an affirmative defense ordinarily asserted in an answer, it provides a valid basis to grant “a Rule 12(b)(6) motion [where] the complaint itself establishe[s] the circumstances required as a … predicate to a finding of qualified immunity.”

Wilson v. Suffolk County Executive

District Court, E.D. New York · Oct 8, 2025

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether a plaintiff qualifies for IFP status before moving to the merits … It is well-established that New York State has not waived its sovereign immunity from Section 1983 claims. Mamot v. Bd. of Regents, 367 Fed. App’x 191, 192 (2d Cir. 2010) (summary order).

Freistat v. NYPD

District Court, E.D. New York · Sep 29, 2021

Qualified immunity shields officers from liability unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person should have known.” … It is clearly established that officers may not beat a restrained arrestee who is not resisting.

Forman v. Novartis Pharmaceuticals Corp.

793 F. Supp. 2d 598 · District Court, E.D. New York · Jun 27, 2011

(hereafter called the “exception” to the punitive damages immunity). … It is well-established that enforcement of the FDCA is the sole province of the FDA.

Richards v. STATE OF NY APP. DIV., SECOND DEPT.

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 ...." … This provision is clearly inapplicable to the instant case.