Case law

Murphy v. General Electric Co.

245 F. Supp. 2d 459 · District Court, N.D. New York · Jan 16, 2003

Failure to Rehire To establish a prima facie case of failure to rehire, a plaintiff must show that “(1) she is a member of a protected class; (2) she applied and was qualified for a job for which the employer was seeking … or because other applicants were more qualified.

Dan v. State of New York

District Court, N.D. New York · Jul 22, 2025

Magistrate Judge Evangelista also states, in a footnote, that Defendants Stanzione and Sandleitner are likely immune from suit on grounds of prosecutorial immunity. See Dkt. No. 6 at 23 n.15. … The Second Circuit has defined "an action [as] 'frivolous' when either: (1) 'the "factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy;' or (2) 'the claim is based on

Mescall

District Court, N.D. New York · Mar 12, 2026

He indicated that if he was not qualified for the temporary release program, then he would not be qualified for the shock program as the programs are based upon the same criteria. Id. … Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for " 'the deprivation of any rights, privileges, or immunities

Trimm v. Kirkpatrick

District Court, N.D. New York · Mar 16, 2021

As an initial matter, this Court cannot find that the state courts unreasonably applied clearly-established federal law because there is no clearly-established federal law to apply here. … an unreasonable application of, clearly established Federal law.

Lesson v. Jane Doe / State Trooper

District Court, N.D. New York · Mar 26, 2025

“It is well-established Cir. 2010) (summary order) (citation omitted); see Iwachiw, 217 F. … Nature of Action Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, which establishes a cause of action for “ ‘the deprivation of any rights, privileges, or immunities

Myers v. Hill

District Court, N.D. New York · Feb 3, 2021

. § 1983 ("Section 1983"), which, as explained in the October Order, establishes a cause of action for "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws" of the United States. … Like plaintiff's original complaint, the amended complaint does not clearly describe the facts giving rise to the claim.

Silva v. State of New York

District Court, N.D. New York · Jan 23, 2024

ANALYSIS Plaintiff seeks relief pursuant to Section 1983, which establishes a cause of action for " 'the deprivation of any rights, privileges, or immunities secured … In Ex Parte Young, 209 U.S. 123 (1908), the Supreme Court established an exception to state sovereign immunity in federal actions where an individual brings an action seeking injunctive relief against a state official for

Milner-Koonce v. Albany City School District

District Court, N.D. New York · Jun 29, 2022

against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). … mere presence of a medical condition does not establish that a plaintiff is disabled.” O’Donnell v. King B 100, LLC, No. 14-CV-1345, 2016 WL 7742779, at *9 (N.D.N.Y. May 3, 2016).

Impellizzeri v. State of New York

District Court, N.D. New York · Oct 18, 2021

The parties also appear to agree that the individual Defendants are state officials who "'are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the … unlawfulness of their conduct was "clearly established at the time."'"

Jeanty v. Sciortino

District Court, N.D. New York · Apr 13, 2023

is entitled only to qualified immunity). … No. 32, ¶¶ 34–37), is clearly related to Oren’s defense of the 2016 Action and his role as advocate. Cf. Gugliara v. N.Y. City Human Res. Ctr., No. 08-cv-909, 2008 WL 11471011, at *2, 2008 U.S. Dist.

Oksen

District Court, N.D. New York · Jul 17, 2026

will only be question by a federal court's issuance of a writ of habeas overcome when the judge clearly lacks jurisdiction over the corpus.” … of the complaint may suggest that plaintiff seeks to name misconduct as such allegations clearly fall within the scope of the Appellate Division, Third Department, as a defendant prosecutorial immunity.

McCullough v. Graves

District Court, N.D. New York · Feb 9, 2024

Indeed, the whole analysis is lousy with tentative qualifiers such as “appears,” “seems,” and “likely.” … As the Court noted at the time, that fact would have established probable cause for the arrest, which would have defeated this claim as a matter of law.

Wright

District Court, N.D. New York · Oct 16, 2025

Feb. 6, 2023) (“[I]t is well-established that the New York State Unified Court System is not a ‘person’ within the meaning of [section] 1983 and as such, cannot be sued under that statute.”) … Albany City Court is therefore further protected by Eleventh Amendment sovereign immunity and thus immune from suit. Id. at 719.

Krmencik v. Town of Plattekill

758 F. Supp. 103 · District Court, N.D. New York · Mar 4, 1991

In situations where a policymaker is not clearly identified, the plurality outlined two principles designed to assist a court in drawing the line between an act which is a “mere exercise of discretion by an employee” and … ,” rather than whether such a policy actually was established as the plurality required.

McGuire-Welch v. House of the Good Shepherd

219 F. Supp. 3d 330 · District Court, N.D. New York · Nov 4, 2016

The dispute instead focuses on whether she was qualified for a position and if the circumstances surrounding her termination give rise to an inference of discrimination. … Clearly such performance shortcomings would constitute a legitimate nondiscriminatory reason for plaintiffs termination. Therefore, defendants have carried their burden under McDonnell Douglas.

Lewis v. Walsh

District Court, N.D. New York · Jun 4, 2024

The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP.? Il. Initial Review ° A. … Pelosi would be protected by prosecutorial immunity. See Accordingly, because Ms.

Wesolowski v. Bockelman

506 F. Supp. 2d 118 · District Court, N.D. New York · Aug 31, 2007

The party seeking summary judgment bears the initial burden of establishing that no genuine issue of material fact exists, at which point the nonmov-ant must demonstrate that he can establish each element of his case. … She has put forward undisputed facts that establish that she was qualified for the stock clerk position.

Shook v. NYS Central Register of Child Abuse and Maltreatment

District Court, N.D. New York · Sep 29, 2025

That said, “even a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal . . . .” Machicote v. … Moreover, Plaintiff states that Eleventh Amendment immunity and the domestic relations abstention doctrine do not apply to her claims, since “[u]nder Natural Law, no man or woman is immune from accountability for trespass

Chapman v. John Doe (One)

District Court, N.D. New York · Dec 3, 2019

, or immunities secured by the Constitution and laws' of the United States." … Only "persons" may act under the color of state law, a defendant in a § 1983 action must qualify as a "person."

Lind v. United States

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

Defendant, in seeking summary judgment, “bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish [its] right to judgment as a matter of law.” … Charash’s opinion as unreliable to be clearly erroneous in light of contested issues of fact and partially reversing summary judgment); Rodriguez, 72 F.3d at 1060-61.