Case law

Hill v. New York City Board of Education

808 F. Supp. 141 · District Court, E.D. New York · Nov 12, 1992

Furthermore, to establish this prima facie case of “discrimination in firing in violation of ... … Although defendants concede that plaintiff belongs to a protected class, that he was qualified for his position as a bus driver, and that he was discharged, they argue that the discharge did not occur “in *149 circumstances

Moolenaar v. Katz

District Court, E.D. New York · Aug 20, 2025

Plaintiff maintains, however, that Judge Margulis’s “finding is void . . . because he is not qualified to make such a determination.” ECF No. 22 at 6, 34–35. … Likewise, “[i]t is . . . well established that a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution . . . is immune from a civil suit for damages under

Platsky v. Kilpatrick

806 F. Supp. 358 · District Court, E.D. New York · Nov 4, 1992

Kilpatrick’s memos clearly show her extreme bias and they clearly show that she thought of me as an organizer “type”, i.e., a political person of the Left. … However, the Supreme Court case law on this issue indicates, fairly clearly, that these ties to New York State are insufficient to constitute state action. See, e.g., Rendell-Baker v.

Isaac v. City of New York

District Court, E.D. New York · Apr 6, 2020

Qualified Immunity Qualified immunity protects officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or … As officers are expected to enforce the clearly established law as it existed at the time of the arrest, the court finds that qualified immunity clearly applies here and further shields

Shochat v. Weisz

797 F. Supp. 1097 · District Court, E.D. New York · Jun 23, 1992

The plaintiffs failed to establish that, at the time of their investment, the defendant knew that Wind Energy lacked the criteria necessary to qualify as a legitimate tax shelter. 9. … The plaintiffs failed to establish that, at the time of their investment, the defendant knew that Darby Coal lacked the criteria necessary to qualify as a legitimate tax shelter. 12.

Diapulse Manufacturing Corp. of America v. Birtcher Corp.

221 F. Supp. 139 · District Court, E.D. New York · Aug 15, 1963

Registration and operation of establishments * * * “5. Manufacturer; wholesaler. … No statutory duties hinge on registration and failure to register confers no immunity from the other positive provisions of Article 137.

Kellner

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

or, at a minimum, qualified immunity. … or qualified immunity.

Pierce v. Ryder

District Court, E.D. New York · Feb 12, 2025

For the same reasons, Defendants’ defense based on qualified immunity fails at this stage. … Accordingly, the Court denies Defendants’ partial motion for summary judgment based on qualified immunity.

Brewer v. Village of Old Field

311 F. Supp. 2d 390 · District Court, E.D. New York · Mar 31, 2004

The plaintiffs attempt to circumvent the “solidly established” doctrine of judicial immunity, See Alvarez v. … Compl. ¶ 126; and (4) “act[ed] in willful disregard of or acting with deliberate indifference to clearly established constitutional rights.... ” Sec. Am. Compl. ¶ 127.

Leser v. McGranery

112 F. Supp. 947 · District Court, E.D. New York · May 29, 1953

The complaint alleges that this action is commenced to establish the interest, right and title of the plaintiff in the aforesaid policies. … Of course, there is no question that without a relinquishment of its sovereign immunity the Government could not be sued; but it does not follow from that fact that no other defendant may be joined in a suit for return of

Kai Peng v. Uber Technologies, Inc.

237 F. Supp. 3d 36 · District Court, E.D. New York · Feb 23, 2017

The panel found that this delegation clause did 1 not clearly and unmistakably delegate arbitra-bility issues, because one of the provisions of the NASDAQ OMX Requirements "arguably immunize[d] NASDAQ from liability for the … There is a reason to doubt whether Plaintiffs even qualify as employees under the NLRA.

Kelly

District Court, E.D. New York · Jan 15, 2026

Defendants argue that this Court lacks subject matter jurisdiction because the action is precluded by the Eleventh Amendment and by the doctrines of absolute judicial immunity and qualified immunity. … Defendants argue that Plaintiff’s claims are barred by the doctrines of sovereign immunity, judicial immunity, and qualified immunity. (Mot. at 1.)

Kirschner v. Zoning Bd. of Appeals of Valley Stream

924 F. Supp. 385 · District Court, E.D. New York · Apr 20, 1996

Originally, the Court had granted the defendants’ motion for summary judgment in a 1983 action based on the defense of qualified immunity. … In that earlier opinion “[t]he court concluded that the[ ] defendants [we]re entitled to qualified immunity because it was not dearly established that it was unconstitutional for police officers to treat a Miranda waiver

United States v. Carvelli

340 F. Supp. 1295 · District Court, E.D. New York · Apr 5, 1972

Arguments involving the “ex post facto” effect of the legislation as applied to the defendants failed, since in each case the evidence clearly established that the threats constituting the extortionate means, as well as the … They contend that their conduct prior to the effective date of § 894 is immune from prosecution, and since the evidence establishes no actions of the defendants after the effective date, other than the receipt of payments

Griffin v. The County of Suffolk

District Court, E.D. New York · Aug 6, 2024

Finally, both the County and Kaufman asserted the defense of qualified and/or absolute immunity. (Id.) … County and Kaufman have asserted the defense of qualified and/or absolute immunity in their respective answers, which demonstrates their alignment on the issue of whether Kaufman is immune from liability.

Dolce v. Connetquot Central School District

District Court, E.D. New York · Apr 9, 2025

Employees are entitled to qualified immunity from civil liability under Section 1983 if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known or (2) it was objectively … The individual Defendants in this case argue that their actions are entitled to qualified immunity because their conduct did not violate clearly established rights. The Court agrees.

United States v. Ashburn

88 F. Supp. 3d 239 · District Court, E.D. New York · Feb 20, 2015

As discussed above, the AFTE’s “sufficient agreement” standard is the field’s established standard. … See Otero, 849 F.Supp.2d at 435 (“[T]he AFTE standard of ‘sufficient agreement’ is the established standard controlling firearms and tool-mark identification.”).

Reid v. The City of New York Police Department

District Court, E.D. New York · Dec 27, 2024

“Qualified immunity is an affirmative defense on which the defendant has the burden of proof.” Outlaw v. City of Hartford, 884 F.3d 351, 367 (2d Cir. 2018). … Accordingly, Plaintiff has sufficiently shown that Howard violated her clearly established constitutional right, and Howard is not entitled to qualified immunity from suit under § 1983.

Perks v. Town of Huntington

96 F. Supp. 2d 222 · District Court, E.D. New York · May 23, 2000

In the government context, it is unclear who, if anyone, would qualify as having an ownership interest. … While an assault clearly took place, nothing in the court’s opinion suggests that it was sexually-motivated. Likewise, in Ponticelli v.

Lippus v. Dahlgren Manufacturing Co.

644 F. Supp. 1473 · District Court, E.D. New York · Sep 26, 1986

Planeta, an instrumentality of the German Democratic Republic (“GDR”), removed the action to this Court under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11 . … Federal law fully pre-empts the states in the area of foreign relations even though the FSIA represents a more limited view of foreign sovereign immunity.