Case law

Louis v. BD. OF ED. OF CITY OF NEW YORK

705 F. Supp. 751 · District Court, E.D. New York · Jan 10, 1989

Clearly, then, plaintiff has satisfied the “qualified for tenure” prong of the Zahorik prima facie case analysis. 3. … The evidence at trial clearly established that Macchiarola believed tenure should only be granted where there were affirmative reasons for granting it.

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

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.

Tillman v. The City of New York

District Court, E.D. New York · Sep 28, 2022

Qualified immunity shields officers from liability unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … To overcome qualified immunity, “[t]he contours of the right must be sufficiently clear” at the time of the violation “that a reasonable official would understand that what he is doing violates that right.”

Michael Grecco Prods., Inc. v. Alamy, Inc.

372 F. Supp. 3d 131 · District Court, E.D. New York · Mar 12, 2019

Defendant represents that it will prove through discovery that it is immune from liability as an Internet service provider in each alleged instance of copyright infringement involving the Copyrighted Works. (Def.' … Because the complaint clearly alleges that the screenshot in Exhibit C was merely one of multiple displays of the Bob Marley photo, and because Defendant cannot establish on a motion to dismiss that it is an Internet service

Sausa v. Village of West Hampton Dunes

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

Objections to a Report must be specific and clearly aimed at particular findings in the magistrate judge’s proposal.” (internal quotation marks and citation omitted; alterations in original)), aff’d sub nom Seck v. … The question of whether Prokop’s communications with the NYDOS constituted administrative or investigatory conduct, for which he would be entitled only to qualified immunity, or prosecutorial acts, for which he would

McNamee v. Bethlehem Steel Corp.

692 F. Supp. 1477 · District Court, E.D. New York · Sep 1, 1988

These cases, defendant asserts, establish that ERISA preempts a state law if that law “has a connection with or reference to” a benefit plan. It cites Jackson v. … Although the claims raised here clearly relate in subject matter to defendant’s pension plan, a resolution of the claims will neither “determine whether any benefits are paid” nor “directly affect the administration of benefits

Fleurimond v. City of New York

District Court, E.D. New York · Aug 21, 2019

A defendant is entitled to qualified immunity under federal law if “(1) the defendant’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Rickard, 572 U.S. 765 (2014): An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was clearly established

Federation of Puerto Rican Organizations of Brownsville, Inc. v. Howe

157 B.R. 206 · District Court, E.D. New York · Jul 15, 1993

Howe, the Commissioner of the State of New York Office of Mental Retardation and Developmental Disabilities (the State Office), and Dali For-sythe, the Director of the New York State Budget Division (the Budget Division), establish … Defendants assert that this is a “new state law claim” for which they did not waive their immunity.

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.

Suffolk Parents of Handicapped Adults v. Pataki

924 F. Supp. 431 · District Court, E.D. New York · May 2, 1996

Here, plaintiffs have clearly met that more stringent standard. 4. … Should the County prevail on appeal in its argument that it has no liability, clearly the State’s total liability merely attaches earlier.

Fedin Bros. Co., Ltd. v. Sava

724 F. Supp. 1103 · District Court, E.D. New York · Nov 16, 1989

The INS Center then decided that plaintiffs failed in their burden to "clearly establish that the offered position will be in either an executive or managerial position." Id. at 3. … In fact, it is well established in the Second Circuit "that abuse of discretion is shown only if the decision under review was made without a rational explanation, inexplicably departed from established policies, or rested

J. & G. DEVELOPMENT COMPANY v. All-Tronics, Inc.

198 F. Supp. 392 · District Court, E.D. New York · Oct 18, 1961

. * * * As the Solicitor General says in his brief with respect to the act, it is more than a waiver of immunity and effects an assumption of liability by the government.” 275 U.S. at pages 344-45, 48 S.Ct. at page 197 . … Since the Sperry case, supra, clearly makes § 1498 an affirmative defense it appears that the applicability of de minimis should also be so treated since defendant is only expanding on his reliance of § 1498 by saying that

Neiman v. Secretary of the Department of Health

722 F. Supp. 950 · District Court, E.D. New York · Sep 17, 1988

Since defendants’ arguments are meritorious, sanctions are clearly inappropriate. … Plaintiff insists that Travelers rather than the Secretary is the true party defendant in this case, presumably to avoid the reach of sovereign immunity.

Asseng v. County of Nassau

District Court, E.D. New York · Dec 16, 2021

Qualified immunity shields government officials from civil liability resulting from the performance of their discretionary functions only where their conduct “does not violate clearly … An officer is entitled to qualified immunity under Section 1983 unless “(1) [he] violated a federal statutory or constitutional right, and (2) the unlawfulness of [his] conduct was ‘clearly established

Birch v. JP MORGAN CHASE & CO.

685 F. Supp. 2d 350 · District Court, E.D. New York · Feb 23, 2010

To establish a prima facie case for employment retaliation, the plaintiff must establish that (1) he “engaged in protected activity” (2) that Chase “was aware of this activity” (3) that Chase “took adverse action against … Persons are afforded a qualified immunity from a defamation suit when the offending communication was made “by supervisors or co-workers ... in connection with the evaluation of an employee’s performance, including allegations

Mirvis v. Quay

District Court, E.D. New York · Sep 1, 2023

The doctrine of qualified immunity shields government officials from civil liability if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “The issues on qualified immunity are: (1) whether plaintiff has shown facts making out [a] violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3) even if the right was ‘clearly

Williams v. City of New York

District Court, E.D. New York · Sep 27, 2025

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … Defendants bear the burden of establishing their entitlement to qualified immunity, which at the pleading stage, is a “formidable hurdle.” McKenna v.

Lepper v. Village of Babylon

District Court, E.D. New York · Mar 29, 2022

Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … Plaintiffs argue that Defendants are not protected by qualified immunity.

Pan

District Court, E.D. New York · May 21, 2026

“[W]here a court clerk performs ‘ministerial, non-judicial duties,’ or ‘purely administrative tasks,’ only qualified, good faith immunity attaches”; where the clerk’s acts “implement judicial decisions,” “are performed … at the direction or under the supervision of a judicial officer,” or are “performed pursuant to the established practice of the court,” the clerk is protected by absolute judicial immunity.