Case law

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.

European Community v. RJR Nabisco, Inc.

150 F. Supp. 2d 456 · District Court, E.D. New York · Jul 16, 2001

All that remains, therefore, is to determine whether or not Plaintiff qualifies under the statute as an “entity.” … Congress enacted the statute without the “private” qualifier.

United States v. Puma

521 F. Supp. 258 · District Court, E.D. New York · Aug 24, 1981

Clearly, the Government lawyer’s statement on the record at the time of plea was not the agreement itself in connection with which it was mentioned. … Clearly, defense counsel would have little interest in the representation of an individual Government lawyer.

Szuszkiewicz v. JPMorgan Chase Bank

257 F. Supp. 3d 319 · District Court, E.D. New York · Jun 23, 2017

Gonzalez clearly establishes his violation of both of those policies. With this showing,- -J.P. Morgan has more than met its burden to articulate a legitimate reason for terminating Plaintiffs employment. … To establish that J.P.

Winters v. Miller

306 F. Supp. 1158 · District Court, E.D. New York · Nov 21, 1969

While at Central Islip, it appears that plaintiff was given a smallpox immunization (May 17) and tetanus toxoid immunizations (May 13 and June 14). … Who else is better qualified to give care and treatment than those in whom the State places its trust to care for and treat the mentally ill?

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.

Hermanowski v. Acton Corp.

580 F. Supp. 140 · District Court, E.D. New York · Aug 10, 1983

The case was tried to the Court without a jury and the evidence adduced together with the facts to which the parties stipulated established the following. … Parol evidence of the circumstances leading up to, and attending, the execution of the April 11th agreement is, therefore, clearly admissible to explain the doubtful meaning. Petrie v.

Bess v. Spitzer

459 F. Supp. 2d 191 · District Court, E.D. New York · Nov 18, 2006

As such, traditional rules of Tribal immunity appear to not be applicable. … prosecutorial immunity; and (5) qualified immunity.

Bishop v. Golden

302 F. Supp. 502 · District Court, E.D. New York · Aug 7, 1969

The coercion statute (§ 135.60) punishes coercion effected by instilling a fear that the defendant will do one of nine clearly defined acts, of which the only one charged here is instilling a fear of physical injury. … 2d at 536), since a policeman is not entitled to immunity.

Hunt-Watts v. Nassau Health Care Corp.

43 F. Supp. 3d 119 · District Court, E.D. New York · Aug 21, 2014

the employer can establish that the accommodations would impose an undue hardship.” … To establish a claim for failure to make a reasonable accommodation, the plaintiff bears the burden of establishing a prima facie case.

United States v. Gel Spice Co., Inc.

601 F. Supp. 1214 · District Court, E.D. New York · Jan 28, 1985

Such decision will be disturbed on appeal only where the action was clearly arbitrary or without support in *1225 the record. United States v. Nixon, 418 U.S. at 702 , 94 S.Ct. at 3104 . … I find that the inspections were clearly at reasonable times and within reasonable limits. Further, there is no authority that would indicate that 21 U.S.C. § 374 is unconstitutional.

Intorcia

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

to qualified immunity.” … State Qualified Immunity “New York law grants government officials qualified immunity on state law claims ... if their actions entail making decisions of

Romero v. City of New York

839 F. Supp. 2d 588 · District Court, E.D. New York · Mar 17, 2012

Callahan, 555 U.S. 223, 231 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … LEXIS 35485 at *25-26 (“Qualified immunity applies if the official’s mistake as to what the law requires is reasonable.

Conroy v. Anchor Sav. Bank, FSB

810 F. Supp. 42 · District Court, E.D. New York · Jan 13, 1993

Third, Conroy has made a showing sufficient to establish that she was qualified for the position. … In order to make out a prima facie case in a reduction-in-force context, plaintiff must establish that (1) they are within the protected class; (2) they were qualified to assume another position; (3) some evidence exists

Sciascia v. Rochdale Village, Inc.

851 F. Supp. 2d 460 · District Court, E.D. New York · Mar 30, 2012

There is no limiting or qualifying language making any of these obligations contingent on any specific modifications of the SSOBA Fund. … However, this paragraph cannot be read to impose a condition precedent on the Defendant’s contribution obligation because it clearly refers to a separate and distinct obligation.

Lewis v. City of New York

18 F. Supp. 3d 229 · District Court, E.D. New York · May 7, 2014

Likewise, deliberate indifference is not demonstrated. “ ‘Deliberate indifference’ involves the conscious disregard of the risk that poorly-trained employees will cause deprivations of clearly established constitutional rights … Absolute immunity encourages witnesses to take the stand and testify truthfully. See Briscoe v. LaHue, 460 U.S. 325, 333 , 103 S.Ct. 1108 , 75 L.Ed.2d 96 (1983).

Firestone v. Berrios

42 F. Supp. 3d 403 · District Court, E.D. New York · Jan 22, 2013

Kendall on the basis of qualified immunity, as the burden of proof would ultimately rest with Dr. Kendall. … Kendall, name *416 ly whether she is entitled to qualified immunity. Also, the Court will not reconsider whether the Plaintiff has stated a valid N.Y. Exec. Law § 296 claim against Dr.

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

Linskey v. Heidelberg Eastern, Inc.

470 F. Supp. 1181 · District Court, E.D. New York · May 18, 1979

It was not intended to immunize foreigners from claims under the host country’s employment discrimination laws. … “(a) An alien shall be classifiable as a non-immigrant treaty trader if he establishes to the satisfaction of the consular officer that the qualifies under the provisions of section 101(a)(15)(E)(i) of the Act and that: (

Petrenko v. United States

859 F. Supp. 647 · District Court, E.D. New York · Jul 14, 1994

The record clearly does not substantiate the Plaintiffs claims of abuse. … The Plaintiff has failed to establish sufficient evidence that he sustained serious and permanent physical injuries.