Case law

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.

Cangemi v. United States

939 F. Supp. 2d 188 · District Court, E.D. New York · Mar 29, 2013

Such actions would not be subject to immunity. See Searles v. … Nov. 13, 2008) (“Pleading a diminution in value of one’s home and property qualifies as special damages for purposes of establishing standing in a public nuisance suit.”); Iannucci v.

Reid v. Freeport Public School District

89 F. Supp. 3d 450 · District Court, E.D. New York · Mar 2, 2015

For the same reason, the Court need not address the Individual Defendants’ entitlement to qualified immunity. See Elias v. … Jan. 26, 2015) (“because I conclude that there is no evidence that Gilles’s Fourth Amendment rights were violated, I need not address qualified immunity.”); Boda v.

Benedith v. Malverne Union Free School District

38 F. Supp. 3d 286 · District Court, E.D. New York · Aug 15, 2014

Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory or constitutional … Officials lose the protection of qualified immunity if it appears that (1) they violated a statutory or constitutional right of- the plaintiff, and (2) the right was “clearly established” at the time of the acts complained

Coleman v. County Of Nassau

District Court, E.D. New York · Feb 17, 2022

Here, however, Defendants fail to adequately explain how it appeared clearly upon the record that all of the evidentiary materials Plaintiff may have submitted regarding the issue of qualified immunity were before the Court … In doing so, the Court finds that Defendants are not entitled to qualified immunity for Plaintiff’s false arrest and failure to intervene claims at this stage.

Caraballo v. City of New York

District Court, E.D. New York · Mar 28, 2024

Qualified immunity “shields police officers acting in their official capacity from suits for damages unless their actions violate clearly established rights of which an objectively reasonable official would have known.” … The issues on qualified immunity are: “(1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether the right was clearly established; and (3) even if the right was clearly established

Lovell v. United States of America

District Court, E.D. New York · Aug 3, 2022

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant's action did not violate clearly established

Henrietta D. v. Giuliani

119 F. Supp. 2d 181 · District Court, E.D. New York · Sep 18, 2000

To establish a violation under the ADA, plaintiffs must demonstrate that (1) they are “qualified individuals] with a disability”; (2) that the defendants are subject to the ADA; and (3) that plaintiffs were denied the opportunity … First, Section 35.130(b)(1) of the regulations establishes that a public entity may not “provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity

Nixon v. Theobald

District Court, E.D. New York · Apr 6, 2023

A finding of qualified immunity also bars a false arrest claim. … Officers are entitled to qualified immunity “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Ermler v. Town of Brookhaven

780 F. Supp. 120 · District Court, E.D. New York · Jan 16, 1992

. § 1988 because they do not have any cognizable “rights, privileges or immunities” to sustain an action pursuant to 42 U.S.C. § 1983 . In Golden State Transit v. … F.2d 1376 (9th Cir.1991), in which the court found that 47 C.F.R. § 97.111 (concerning the regulation of ham radio antennas) was too “ ‘vague and amorphous' ” to create benefits “ ‘sufficiently specific and definite to qualify

Lowe v. New York City

District Court, E.D. New York · Mar 31, 2020

Police officers are immune from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The defendants are therefore entitled to qualified immunity on the plaintiffs’ false arrest claims.

Poucher v. Intercounty Appliance Corp.

336 F. Supp. 2d 251 · District Court, E.D. New York · Oct 8, 2004

In Forma Pauperis Application Upon review of the plaintiffs declaration in support of his application to proceed in forma pauperis, the Court concludes that the plaintiffs financial status qualifies him to commence this action … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Hassan v. Town of East Hampton

500 F. Supp. 1034 · District Court, E.D. New York · May 6, 1980

Plaintiff’s claim for damages against the Town of East Hampton, which is not subject to the good faith immunity defense that bars recovery as against the individual defendants, Owen v. … Absent a stipulation as to damages, a status conference will be held on May 26, 1980 at 9:00 a. m. to establish a schedule for trial.

Stephens v. Cooper

746 F. Supp. 292 · District Court, E.D. New York · Sep 27, 1990

It was not the intent of the Insurance Department in adopting the fee schedule to exclude qualified practitioners from reimbursement. … As for the Sherman Act claims, the Superintendent argues that the Sherman Act does not confer jurisdiction upon the Court because the Superintendent’s actions are entitled to immunity from federal antitrust liability under

Angrisani v. City of New York

639 F. Supp. 1326 · District Court, E.D. New York · Jul 18, 1986

The State’s Sovereign Immunity The Eleventh Amendment grants immunity to the States from suit in federal court absent their consent. Hence, a State is not a proper defendant to a § 1983 action, Quern v. … Similarly this immunity bars suits against State agencies or any “arm” of the State. Pennhurst State School and Hospital v.

Galloway v. County Of Nassau

District Court, E.D. New York · Jun 11, 2024

Qualified Immunity The County defendants argue at various points throughout their briefing that the Court should reconsider its decision to defer ruling on qualified immunity … The County defendants also argue, without citing any case law, that “Lipson and all other defendants” are entitled to qualified immunity because “in 2008, there was no clearly established right that a post-identification

Harger Da Silva v. New York City Transit Authority

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

“In order to establish entitlement to qualified immunity, the defendant must demonstrate that a public planning body considered and passed upon the same question of risk as would go to a jury.” Jackson v. … Thus, the jury ought to resolve these factual disputes on the issue of qualified immunity.

Manfredonia v. Barry

401 F. Supp. 762 · District Court, E.D. New York · Sep 25, 1975

But the Court also made clear that mere declarations of good intention, will not satisfy the immunity standard. … Baird, father of four children, was well qualified to give such a lecture.

Oliver v. Donovan

293 F. Supp. 958 · District Court, E.D. New York · Nov 26, 1968

Some tests are well established. … The plaintiffs allege that the complaint is clearly drawn in a manner that seeks relief under the Constitution of the United States.

Azurdia v. City of New York

District Court, E.D. New York · Sep 30, 2021

Officer Germain is not entitled to qualified immunity at this stage. … Ct. 305, 308 (2015) (“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable