Case law

Domine v. Kumar

872 F. Supp. 2d 237 · District Court, E.D. New York · Jul 5, 2012

The statute gives the Secretary of Transportation the power to establish the system of appointment. … First, the statute clearly gives the Secretary the authority to establish the system for selecting individuals who will receive appointments. See 46 U.S.C. § 51302 (d)(1).

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.

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.

Taft v. O'Connell (In Re Taft)

184 B.R. 189 · District Court, E.D. New York · Jun 20, 1995

II The court reviews the Bankruptcy Court’s conclusions of law de novo, and its findings of fact under a clearly erroneous standard. … as part of, and all payments from a Keogh (HR-10), retirement or other plan established by a corporation” qualified under section 401 of the Internal Revenue Code “shall be conclusively presumed to be spendthrift trusts”

Suren v. City of New York

District Court, E.D. New York · Sep 26, 2022

The second part of the qualified immunity analysis requires the Court to consider “whether [the] right is clearly established”—i.e., “whether it would be clear to a reasonable officer that his … circumstances and established constitutional law, was clearly unlawful.

Steele-Warrick v. Microgenics Corporation

District Court, E.D. New York · Jan 23, 2024

to qualified immunity. … Microgenics Defendants’ attempt to cast the Court as having “overlooked” the qualified immunity argument misses the mark.

Greenberg v. Bolger

497 F. Supp. 756 · District Court, E.D. New York · Jun 20, 1980

The Citizens’ Party derived from the Citizen’s Committee which was established in April 1979. … It qualifies as a “political party” for purposes of the 1978 Act. IV.

Dyce v. Macy's Inc. and Federated Department Stores Inc.

District Court, E.D. New York · Apr 4, 2024

judicial immunity extends to “[the] Clerk’s Office activities of filing and docketing legal documents”). … To establish a violation of the ADA, Plaintiff must demonstrate that “(1) [s]he is a qualified individual with a disability; (2) the defendant is subject to [the ADA]; and (3) [s]he was denied the opportunity to participate

Thomas v. Venditto

925 F. Supp. 2d 352 · District Court, E.D. New York · Feb 21, 2013

Absolute Immunity Absolute immunity extends to claims against government officials in their official capacities that arise out of their performing functions “analogous to those of a prosecutor.” Butz v. … Plaintiffs bear the burden of establishing that one of these exceptions applies. Id. (citing Kirschner v. Klemons, 225 F.3d 227, 235-36 (2d Cir.2000)). Mr.

Medina v. Doe

District Court, E.D. New York · Oct 10, 2024

Stevens Is Protected by Qualified Immunity Even if Det. … Police officers are protected by qualified immunity unless their conduct “clearly violates” a citizen’s constitutional rights. See Harlow v. Fitzgerald, 457 U.S. 800, 817-18 (1982).

Newkirk v. County of Suffolk

District Court, E.D. New York · Mar 18, 2022

Qualified immunity Defendants also argue that Officer Pav is entitled to qualified immunity because his conduct was not objectively unreasonable nor was the law clearly established … Plaintiff contends that the constitutional right to bodily integrity and to be free from sexual assault is a clearly established right and qualified immunity is not available to Officer Pav because he failed to intervene

Society for Good Will for Retarded Children, Inc. v. Cuomo

718 F. Supp. 139 · District Court, E.D. New York · Aug 3, 1989

It has been suggested by the Court of Appeals that prior consent by the state to a decree in this case may have constituted a waiver of its eleventh amendment immunity under Pennhurst State School & Hospital v. … Establish realistic in-service training for supervisory personnel, specific to job title. 2.

United States v. Gotti

753 F. Supp. 443 · District Court, E.D. New York · Dec 21, 1990

Superior Court of California, 478 U.S. 1 , 106 S.Ct. 2735 , 92 L.Ed.2d 1 (1986), the Supreme Court established that “the qualified First Amendment right of access to criminal proceedings applies to preliminary hearings as … If the suppression hearing establishes that the intercepted communications were lawfully obtained and therefore admissible at trial, the qualified First Amendment right of access may be revisited.

Marino v. New York

629 F. Supp. 912 · District Court, E.D. New York · Feb 11, 1986

Therefore, although the state courts have clearly determined that state law does not provide civil servants an entitlement to a promotion, federal law may provide the plaintiffs with an additional way to establish a property … Such additional credit shall be added to the final earned rating of such member after he has qualified in an examination and shall be granted only at the time of establishment of an eligible list.

Ortiz v. Hasper

District Court, E.D. New York · Jan 12, 2022

In that vein, I note that settled case law guided my dismissal of the state law battery claim against Hasper in light of the finding that Hasper is protected by qualified immunity. … qualified immunity); Harsco v. Segui, 91 F.3d 337, 349 (2d Cir. 1996) (dismissing respondeat superior claims where no underlying theory of liability survived); Edwards by Edwards v.

Eubanks v. Hansell

District Court, E.D. New York · Mar 26, 2024

Qualified Immunity State actors are “shielded from liability for civil damages [where] their conduct does not violate clearly established statutory … alleged “right was clearly established at the time of the alleged conduct” under the second prong.

Barnes v. The City of New York

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

Qualified Immunity Does Not Bar Plaintiff’s False Arrest Claim Defendants also move for summary judgment as to the false arrest claims on the basis of qualified immunity. … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Moss v. Cablevision Systems Corp.

22 F. Supp. 2d 1 · District Court, E.D. New York · Oct 7, 1998

According to Jackson Dairy, the movant must clearly establish the following: “(a) irreparable harm; and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make … The movant must establish more than a mere “possibility” of irreparable harm. Rather, he must show that irreparable harm is “likely” to occur. JSG Trading Corp., 917 F.2d at 79 .

New York v. United States Army Corps of Engineers

896 F. Supp. 2d 180 · District Court, E.D. New York · Sep 24, 2012

Therefore, parties suing a United States agency must identify an applicable waiver of sovereign immunity. Plaintiffs argue that their suits utilize the waiver of immunity found in the APA, 5 U.S.C. § 702 . (See NGO Pis. … Plaintiffs’ argument lacks support: the decision Plaintiffs cite in support of that argument as to the mandamus statute clearly refers to the fact that there is no sovereign immunity bar to an otherwise valid mandamus claim

Armstrong

District Court, E.D. New York · Dec 19, 2025

An action is frivolous as a matter of law when, inter alia, it is “based on an indisputably meritless legal theory” — that is, when it “lacks an arguable basis in law or a dispositive defense clearly exists on the face … Plaintiff has not established standing to bring these claims on his own behalf. He does not allege that he is himself a qualified individual with a disability or that he is entitled to any of these protections.