Case law

Aponte v. Our Lady of Consolation Nursing and Rehabilitative Care Center

District Court, E.D. New York · Dec 22, 2022

are affirmatively premised on the PREP Act, nor is the PREP Act an essential element of any of Plaintiff’s claims,” the first of the four requirements is clearly not fulfilled. … Here, the “PREP Act is raised only as an immunity defense, and ‘the immunity question is not an element of [p]laintiffs’ state-law causes of action.’” Leroy, 554 F.

United States v. Rozzi

479 F. Supp. 647 · District Court, E.D. New York · Sep 11, 1979

the enforcement of an IRS summons is the statutory procedure established by Congress set forth in 26 U.S.C. §§ 7402 , and 7604. … This argument might be raised by the Nassau County Supreme Court in charge of the grand jury or by the Nassau County District Attorney, but it is clearly not available to SJC here.

Turk v. McCarthy

661 F. Supp. 1526 · District Court, E.D. New York · Jun 10, 1987

William Tracy, the witness plaintiff has designated as his expert on police procedures for the actual trial of this case, testified at his deposition that the City’s procedures were adequate to provide the City with a body of qualified … Clearly, it was not execution of the custom, but [the police officer’s] possible abuse of the privilege, that inflicted the injury here. Thus, the city as an entity is not responsible under § 1983.

Local 851 of the International Brotherhood of Teamsters v. Thyssen Haniel Logistics, Inc.

90 F. Supp. 2d 237 · District Court, E.D. New York · Mar 30, 2000

But Polanco involved federal sovereign immunity and remedies under the Administrative Procedure Act. To the extent that it conflicts with established Eleventh Amendment precedent, it is inapplicable. … immunity.

Colwell v. Suffolk County Police Department

967 F. Supp. 1419 · District Court, E.D. New York · Jun 26, 1997

Elements of a Claim under the ADA In order to establish a claim under the ADA, a plaintiff must prove that: (1) he is a qualified person with a disability; (2) the defendant intentionally discriminated against the plaintiff … Qualified.

Bailey v. New York City Board of Education

536 F. Supp. 2d 259 · District Court, E.D. New York · Nov 19, 2007

However, Lopez does not address whether the threat of loss of benefits establishes constructive discharge. … In light of this holding, the court declines to reach the issue of qualified immunity raised by the BOE in its submission,

Lewis v. Gross

663 F. Supp. 1164 · District Court, E.D. New York · Jul 14, 1986

Clearly, her interests are not antagonistic to having these and other statuses established as examples of permanently residing in the U.S. under color of law.” … These reasonable estimates clearly indicate that the plaintiff class is so large that joinder would be impractical.

Transitional Services of New York for Long Island, Inc. v. New York State Office of Mental Health

91 F. Supp. 3d 438 · District Court, E.D. New York · Mar 20, 2015

In the alternative, the State argues that TSLI’s claims are procedurally barred under several doctrines of preclusion, abstention, and immunity. … See, e.g., Ball, 492 F.3d at 1108 (“individuals” refers to Medicaid recipients who qualify for benefits); Watson v.

New York Youth Club v. Town of Smithtown

867 F. Supp. 2d 328 · District Court, E.D. New York · Mar 31, 2012

There, the court noted the well-established rule that age is not a suspect classification and thus applied rationale basis scrutiny to its equal protection analysis. … For enacting the subject Ordinance as town legislators, these defendants are entitled to absolute immunity.

Brown v. Triboro Coach Corp.

153 F. Supp. 2d 172 · District Court, E.D. New York · Jun 1, 2001

However, even assuming that this evidence would somehow constitute a prima facie case that Brown was dismissed because of his sleep apnea, he has not established a prima facie case because he was no longer qualified for his … Even if Brown had a qualifying disability and thus established a prima facie case of discrimination based upon disability, he must have been a “qualified individual with a disability” at the time he requested the reasonable

Lowenstein v. Rooney

401 F. Supp. 952 · District Court, E.D. New York · Jul 31, 1975

He further questioned “whether the Tatum case might not be qualified today,” because of facts which came to light after the decision was rendered. 480 F.2d at 336-37 . In Handschu v. … The actions complained of by the plaintiff clearly were committed “under color of legal authority.”

Figueroa v. The City of New York

District Court, E.D. New York · Feb 24, 2025

Qualified immunity protects government officials, like the defendant officers here, from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is available where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law.”

Hubbard v. Long Island Railroad Co.

152 F. Supp. 1 · District Court, E.D. New York · Jun 6, 1957

It contended that it had adduced proof, through qualified medical experts, sufficient to establish that the plaintiff could be rehabilitated, and could be usefully and gainfully employed, and, hence, that the jury’s award … But the Delaney case, like the Conkey case, supra, is clearly distinguishable from the ease at bar.

In Re Brunswick Hospital Center, Inc.

156 B.R. 896 · District Court, E.D. New York · Jul 14, 1993

This clearly establishes that Manufacturers Hanover Trust Company would act as Trustee of the Trust Fund. 5 Second, the beneficiaries of the Trust Fund are the malpractice claimants as set forth in paragraph the Third, which … Brunswick entered into the Trust Agreement in order to qualify for favorable reimbursement treatment from Medicare.

O'Leary v. City of New York

938 F. Supp. 2d 410 · District Court, E.D. New York · Apr 11, 2013

Based on Plaintiffs own admission and his clearly intoxicated state, Officer Colobong had probable cause to arrest Plaintiff for operating a motor vehicle while under the influence of alcohol and driving while intoxicated … Only if a prosecutor acts “without any colorable claim of authority,” or performs administrative or investigative functions, does he or she lose absolute immunity. Id.; Pinaud v.

Lopez

District Court, E.D. New York · Oct 17, 2025

Taking the allegations in the complaint as true, I find that, at this stage in the litigation, defendants have not met their burden to establish a probable cause or qualified immunity defense. … “Because the evidence supporting a finding of qualified immunity is normally adduced during the discovery process and at trial, the defense of qualified immunity usually cannot support the grant of a [Rule 12(b)(6)] motion

In Re Realty Associates Securities Corporation

56 F. Supp. 1008 · District Court, E.D. New York · Aug 17, 1944

They participated in establishing the debtor’s business policies and in the formulation of a plan (prior to this Chapter X proceeding) promulgated by the debtor, for the extension of the maturity of the bond issue. … Under all the circumstances it is evident that these directors are not qualified to act as a committee representing bondholders.

Carrabus v. Schneider

119 F. Supp. 2d 221 · District Court, E.D. New York · Sep 19, 2000

Rule 12(h)(2) and the accompanying advisory rule, however, clearly establish that a defense of failure to state a claim “may be made in any pleading” and thus expressly preserves this defense against waiver. … Privileges and Immunities Clause of the Fourteenth Amendment or 42 U.S.C. § 2000e-7 Plaintiffs’ next claim appears to be that the 1986 Consent Decree violates the Privileges and Immunities Clause of the Fourteenth Amendment

Roland v. City of New York

District Court, E.D. New York · Mar 22, 2023

For the same reason, Defendants’ request for qualified immunity is denied as premature.15 B. … City of New York, 233 F.Supp.3d 372, 387–88 (S.D.N.Y. 2017) (denying qualified immunity on a McLaughlin claim because “[t]he rule . . . that officers cannot intentionally delay an arraignment for no reason—was clearly established

Rafiy v. The County of Nassau

District Court, E.D. New York · Dec 23, 2019

on the basis, inter alia, (A) that plaintiff failed to establish a cognizable constitutional violation, and (B) that the County Defendants are shielded by the doctrines of absolute and qualified immunity. … Ed. 2d 396 (1982)” with respect to qualified immunity.