Case law

English v. Town of Huntington

335 F. Supp. 1369 · District Court, E.D. New York · Jul 2, 1970

Their failure clearly to claim and allege, as had been alleged in Norwalk CORE, supra, at 924-925, that the defendants had known or intended the discriminatory consequences of their acts when they entered into their loan … Of course, any review of determinations by HUD would be circumscribed by the limits established in the Administrative Procedure Act, 5 U.S.C. A. § 706. 3 Norwalk CORE, supra, 395 F.2d at 935 at n. 33, 937 4 ; cf.

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.

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

McClean v. Astrue

650 F. Supp. 2d 223 · District Court, E.D. New York · Jun 30, 2009

Establishing Disability from 1995 to 1999 The Commissioner contends that Plaintiff cannot establish a 14.02B disability because Dr. … Consequently, Plaintiff qualifies as presumptively disabled under the disability framework.

Dzinanka v. County of Suffolk

932 F. Supp. 59 · District Court, E.D. New York · Jul 2, 1996

For the same reason, it would be premature to grant qualified immunity on those claims at this time. … But plaintiff cannot establish the third element of a malicious prosecution claim.

Williams v. Metropolitan Detention Center

418 F. Supp. 2d 96 · District Court, E.D. New York · Dec 1, 2005

Williams clearly did attempt informal resolution prior to filing the formal complaint {see generally Def. Mem., Williams Aff.). … The government waives sovereign immunity for such claims. See 28 U.S.C. § 1346 (b) (2005).

Pierce v. Ryder

District Court, E.D. New York · Apr 28, 2025

At a minimum, the individual Defendants are entitled to qualified immunity because[] Officer Ryder[,] who arrested Plaintiff, reasonably believed she had been ordered to disperse.” (Id.) … malicious prosecution, and First Amendment retaliation claims “because it was not clearly established that arresting an individual for violating a curfew without giving a dispersal order was unconstitutional,” (Defs.’

Soberal-Perez v. Schweiker

549 F. Supp. 1164 · District Court, E.D. New York · Oct 19, 1982

Yet, the Senator’s remarks clearly establish the concept that the Social Security Act and the Fifth Amendment provide the necessary avenues for protection against discrimination by the SSA, rendering needless the application … income support level of $208.20 for qualifying individuals.

United States v. Biba

219 F. Supp. 3d 347 · District Court, E.D. New York · Nov 7, 2016

Importantly, the Hill court also held that, even if Hobbs Act Robbery did not qualify as a crime of violence pursuant to § 924(c)(3)(A), “such a robbery unequivocally qualifies as a crime of violence pursuant to § 924(c)( … Had that practice been followed in this case, the Indictment would be immune from the present challenge.

Fox v. Triborough Bridge and Tunnel Authority

District Court, E.D. New York · May 22, 2020

Qualified Immunity Here, Defendants seek JMOL on two issues: (1) the jury’s verdict on Plaintiff’s Monell claim and (2) whether Sanders is entitled to qualified immunity for his use … How- ever, Defendants have not argued that denying them JMOL on qualified immunity grounds would create manifest injustice.

Thrower v. United States

234 F. Supp. 3d 372 · District Court, E.D. New York · Feb 13, 2017

Aug. 31, 2016) (“Defendant can proceed to establish that his prior convictions do not qualify him as a career offender under the ACCA under the [force] clause or enumerated-offenses clause.... … In any event, at the time of his sentencing, it was clearly established in this Circuit that Petitioner’s robbery convictions qualified as ACCA predicates under § 924(e)(2)(B)(i),” id. which is the force clause.

Kelly v. The State of New York

District Court, E.D. New York · Nov 30, 2020

Moreover, even if Plaintiff could somehow establish that the judge’s no-contact order was void, the two officers’ reliance on that order would, at the very least, entitled them to qualified immunity. … Moreover, even if these claims were not time-barred, Fisher clearly would be entitled to qualified immunity. See Zablocki v.

Gyalpo v. Holbrook Development Corp.

577 B.R. 629 · District Court, E.D. New York · Aug 29, 2017

The standard for determining whether a person qualifies as an employee under the NYLL differs slightly from this determination under the FLSA. See Hart v. … Here, the Bankruptcy Court did not specify what test it was utilizing to determine whether appellant qualifies as an “employee” of the debtor.

Fairbairn v. BOARD OF EDUC. OF S. CENT. SCHOOL

876 F. Supp. 432 · District Court, E.D. New York · Jan 13, 1995

Accordingly, Fairbairn initially was required to establish a prima facie case of discrimination, that (1) she belonged to a protected class, (2) she applied and was qualified for a job for which her employer sought applicants … immunity, with respect to plaintiff's § 1983 claims, is granted.

Cagan v. Rittenhouse

District Court, E.D. New York · Mar 29, 2024

does not violate clearly established constitutional rights of which a reasonable person would have been aware.” … “In the context of § 1983 actions predicated on allegations of false arrest, . . . an arresting officer is entitled to qualified immunity so long as ‘arguable probable cause

Verdell v. Wilson

602 F. Supp. 1427 · District Court, E.D. New York · Mar 1, 1985

the 14 qualified applicants. … Plaintiff is a black male who has established that he was qualified for the position of MASD Director, that despite his qualifications he was rejected and a white male, Passera, was selected for the position.

Morris v. Nielsen

374 F. Supp. 3d 239 · District Court, E.D. New York · Mar 17, 2019

Cisneros-Rodriguez , 813 F.3d 748 , 762 (9th Cir. 2015) ("Congress's purpose in establishing the U-visa was to protect ' [a]ll women and children who are victims of [qualifying] crimes,' not merely those who have information … The weight of such an example in a preamble, however, is insufficient to overcome the clearly established meaning of "direct and proximate" as laid out above.