Case law

Ross v. City of New York

District Court, E.D. New York · Sep 30, 2019

Therefore, Sergeant Maresca is entitled to qualified immunity with respect to Plaintiff’s arrest. … To establish a claim for failure to intervene, a plaintiff must show (1) the officer’s failure “permitted fellow officers to violate [a plaintiff’s] clearly established statutory or constitutional rights,” and (2) it was

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.

Hall v. E. I. Du Pont De Nemours & Co.

312 F. Supp. 358 · District Court, E.D. New York · Apr 7, 1970

These decisions do not depend upon the .doctrine of sovereign immunity. Pittman v. United States, 341 F.2d 739 (9th Cir.), cert. denied, 382 U. … Congress was clearly aware of the existence and necessity of tolling provisions; their omission was not simply an oversight. Id. at 2332-2333 .

Post v. Payton

323 F. Supp. 799 · District Court, E.D. New York · Jan 20, 1971

Plaintiffs have made no effort to establish that the jurisdictional minimum is satisfied here. … Clearly, jurisdiction under Section 1331(a) has not been established. Damage Claim of Steven A. Post Steven A. Post, the former director of WCWP-FM, seeks damages of $113,000 arising out of his discharge by defendants.

T.W. v. New York State Board of Law Examiners

District Court, E.D. New York · Sep 18, 2019

XI, it is well established that Congress may pass laws that abrogate this immunity “when it both unequivocally intends to do so and acts pursuant to a valid grant of constitutional authority.” Garcia v. S.U.N.Y. … In enacting the Rehabilitation Act, Congress clearly expressed its intent to abrogate states’ Eleventh Amendment immunity for violations of Section 504, see 42 U.S.C. § 2000d-7 (“A State shall not be immune under the Eleventh

Lewis v. Grinker

794 F. Supp. 1193 · District Court, E.D. New York · Mar 14, 1991

. § 1396a(a)(10)(A)(i)(Iip provides Medicaid to all “qualified pregnant women." … This holding is nothing more than another example of the general and well-established rule that, where a child is qualified for AFDC, non-economic factors affecting the parents or household generally cannot be used to deny

Bey v. DeVos

District Court, E.D. New York · Mar 31, 2021

“The doctrine of sovereign immunity is jurisdictional in nature, … and therefore … the plaintiff bears the burden of establishing that her claims fall within an applicable waiver.” Id. … Because plaintiff has failed to establish a waiver of sovereign immunity, plaintiff’s claims against the DOE and the claims brought against employees of the DOE in their official capacities are dismissed.

Albert v. The City of New York

District Court, E.D. New York · Aug 13, 2019

Defendants’ arguments in support of qualified immunity rest exclusively on their contention that there is no clearly established law that would support plaintiffs’ arguments that they were seized. … Because qualified immunity is an affirmative defense, defendants bear the burden of establishing that their conduct “did not violate clearly established law.” Rosu v.

Khan v. United States

271 F. Supp. 2d 409 · District Court, E.D. New York · Jul 3, 2003

not stated a claim under Section 1985 or Section 1986; (3) plaintiffs Bivens claim against the United States, Bureau of Prisons and all individuals sued in their official capacity must be dismissed as barred by sovereign immunity … In order to maintain a Bivens action, a plaintiff must allege a violation by a federal official of a clearly established constitutional right for which the federal official does not have immunity. Siegert v.

Davis v. Goode

995 F. Supp. 82 · District Court, E.D. New York · Jan 9, 1998

F.D.I.C., 2 F.3d 476 , 479 (2d Cir.1993) (holding that “the creativity of an attorney may not transcend the facts of a given case”). *93 Here, certain aspects of defendants’ motion are clearly frivolous. … This fact clearly has no relevance to Mr. Davis’ monetary claims for damages and therefore fails to provide a “nonfrivolous” basis for seeking reversal of Judge Levy’s prior report.

Benny v. The City of Long Beach

District Court, E.D. New York · Oct 14, 2022

In fact, the two cases Defendants cite reinforce that lower courts can deny qualified immunity where none of the Graham factors were met. … In limiting their request for reconsideration to the issue of qualified immunity (ECF No. 66-1, Def.

Kropp v. Douglas Aircraft Co.

329 F. Supp. 447 · District Court, E.D. New York · Jun 25, 1971

) that Douglas is a beneficiary of that immunity. … Has the plaintiff established how the accident occurred?

Seda

District Court, E.D. New York · Apr 27, 2026

“In general, FEMA may provide assistance to individuals and households who qualify for such assistance[.]” 44 C.F.R. § 206.113(a). … Because the Stafford Act, its accompanying regulations, and the IAPPG are clearly discretionary, FEMA did not violate them by withdrawing or denying its aid from Plaintiff.

United States v. Dervishaj

169 F. Supp. 3d 339 · District Court, E.D. New York · Mar 14, 2016

Defendants, clearly, do not dispute that, prior to Johnson , the relevant predicate acts qualified as crimes of violence under § 924(c)(3)(B). … Although Johnson clearly does not invalidate the categorical approach, the validity of this judge-made method of statutory analysis as applied to § 924(c)(3)(B) to determine whether the predicate offense “by its nature” qualifies

Brown v. Ukeiley

District Court, E.D. New York · Oct 12, 2023

immunity. … “It is well-established that New York State has not consented to Section 1983 suits in federal court . . . and that Section 1983 was not intended to override a state’s sovereign immunity.”

Sea Gate Beach Club Corp. v. United States

190 F. Supp. 3d 310 · District Court, E.D. New York · Jun 3, 2016

Plaintiff, who has the burden to establish jurisdiction (see Makarova, 201 F.3d at 113), offers several reasons why the presentment requirement is inapplicable to this case. None are persuasive. … Plaintiff further asserts that “case law establishes that a copy of a complaint satisfies the presentment requirement.” (PL’s Mem.' of Law in Opp. at 2, ECF No. 33-9.) Plaintiff misstates the law.

Telesca v. Long Island Housing Partnership, Inc.

443 F. Supp. 2d 397 · District Court, E.D. New York · Aug 12, 2006

LIHP allegedly refused, and informed her on November 15, 2001, that it was offering her home to the next qualified applicant. … “Clearly, not every document referred to in a complaint may be considered incorporated by reference and thus submitted by the moving party in support of a motion to dismiss.”

Jiminez v. Southridge Cooperative, Section I, Inc.

626 F. Supp. 732 · District Court, E.D. New York · Dec 27, 1985

qualified to purchase the housing; (3) that he was rejected; and (4) that the housing opportunity remained unavailable. … Upon reviewing the record in this ease, I find that, insofar as the April and July applications are concerned, plaintiff has not established that he was qualified to purchase the apartment.

United States v. Romero

363 F. Supp. 1235 · District Court, E.D. New York · Sep 25, 1973

I made the statement freely without threat and without promises of award of immunity. /s/ Abelardo Romero 9/29/71 4:25 P.M. /s/ John L. … However, the warnings given defendant clearly stated that any statement made could be used against him.

Thomas v. Nassau County Police Dept.

District Court, E.D. New York · May 21, 2021

Qualified immunity protects a defendant from liability when their conduct “does not vio- late clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … not violate a clearly established right, is a mixed question of law and fact.