Case law

Grotto v. Herbert

203 F. Supp. 2d 142 · District Court, N.D. New York · May 1, 2002

Taylor, 529 U.S. 362, 408-08 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000), or (2) where it “unreasonably failed to extend a clearly established, Supreme Court defined, legal principle to situations which that principle should … Refusal To Grant Continuance The Supreme Court has clearly established that the right to offer the testimony of witnesses is constitutionally protected. See Pennsylvania v.

Cato v. Reardon

District Court, N.D. New York · Mar 27, 2024

Eleventh Amendment immunity is lost only if Congress unequivocally abrogates states' immunity or a state expressly consents to suit. Gollomp v. Spitzer, 568 F.3d 355, 365-66 (2d Cir. 2009). … Lewis, 518 U.S. at 349, 351-53 (noting that "an inmate cannot establish relevant actual injury simply by establishing that his prison's law library or legal assistance program is subpar in some theoretical sense").

Wright v. New York State Department of Corrections & Community Supervision

242 F. Supp. 3d 126 · District Court, N.D. New York · Mar 10, 2017

“In order to establish a prima facie violation under these acts, [Plaintiff] must show that 1) he is a qualified individual with a disability; 2) DOCCS is an entity subject to the acts; and 3) he was denied the opportunity … Clearly, DOCCS’ staff is inundated, on a daily basis, with challenges to safety and security from seemingly innocuous items.

Clow v. Deily

953 F. Supp. 446 · District Court, N.D. New York · Feb 10, 1997

“Under New York law, the doctrine of collateral estoppel ‘precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or … The Court also dismissed Plaintiff's claim against Defendant Deily in his individual capacity on the ground of qualified immunity, and reserved decision on the cross-motions for summary judgment addressed herein. .

Rubenstein v. Benedictine Hospital

790 F. Supp. 396 · District Court, N.D. New York · Apr 7, 1992

Id. at 1132 ; see also Spencer, 864 F.2d at 1382 (“[t]he pressure to transform state common law torts into federal constitutional torts comes from the immunities and the damage ceilings that state frequently impose on suits … The director shall admit such person pursuant to the provisions of this section only if a staff physician of the hospital upon examination of such person finds that such person qualifies under the requirements of this section

Bowen v. Kijakazi

District Court, N.D. New York · Mar 16, 2022

The plaintiff has the burden of establishing disability at the first four steps. … However, this standard is a very deferential standard of review, “even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

Cranston v. Freeman

290 F. Supp. 785 · District Court, N.D. New York · Aug 2, 1968

. § 1015.72 (a) (1968) (in short, those who do not qualify for the 46^ differential). … Thus, the differential clearly is not designed to limit the flow of out-of-state milk.

Bunt v. Altec Industries, Inc.

962 F. Supp. 313 · District Court, N.D. New York · Apr 18, 1997

Thus, Derby’s knowledge and experience in the area of design safety 7 gained through his education and training, qualify as “specialized knowledge,” qualifying him as a suitable expert witness under Rule 702 of the Federal … A review of cases presenting similar injuries *322 and similar damage award verdicts, establishes that the jury’s verdict was reasonable compensation for the injuries sustained by Bunt, and Mrs.

Logan v. The City of Schenectady

District Court, N.D. New York · Sep 27, 2021

Qualified Immunity “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate … Defendants, therefore, would be entitled to qualified immunity. B.

Diaz v. Smith

District Court, N.D. New York · Aug 23, 2022

In addition, Judge Dancks found that “Defendants are not entitled to qualified immunity at this stage of the proceeding.” Id. at 32. … Again, Judge Dancks also found that “because material issues of fact exist, Defendants are not entitled to summary judgment on the merits or qualified immunity at this stage of the proceeding.” Id. at 34.

Goodale v. Astrue

32 F. Supp. 3d 345 · District Court, N.D. New York · Dec 13, 2012

If a claimant’s impairment “manifests only *354 some of those criteria, no matter how severely,” the impairment does not qualify. Sullivan, 493 U.S. at 530 , 110 S.Ct. 885 . … Section 14 of the Listings addresses adult immune system disorders. In particular, § 14.08 sets forth the impairments related to HIV.

United States v. Gehl

852 F. Supp. 1135 · District Court, N.D. New York · May 13, 1994

What is more, the government was clearly aware of a potential conflict as to Mr. Semetis as early as April 16, 1993, approximately eight and a half months prior to the filing of this motion, when it so advised Mr. … At that time, both Suzanne Trumble and Robin Maynard were immunized government witnesses, and the government aptly framed the potential conflict as follows: “Both individuals are now immunized witnesses for the United States

Kelly v. Colonie Police Department

District Court, N.D. New York · Nov 10, 2021

that any such claim be dismissed with prejudice as barred by the doctrine of judicial immunity. … circumstances[:] [ (1) ] a judge is not immune from liability for non-judicial actions, i.e., actions not taken in a judge's judicial capacity[;(2)] a judge is not immune for actions, though judicial in nature, taken

Flores v. Saulpaugh

115 F. Supp. 2d 319 · District Court, N.D. New York · Sep 21, 2000

Clearly then, at this meeting, Price was put on notice that Saulpaugh' may have been sexually harassing Flores, and that her accusations should be investigated. … Municipal corporations are immune from punitive damages claims. See City of Newport v. Fact Concerts, Inc., 453 U.S. 247 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 (1981); United States ex rel. Graber v.

Fletcher

District Court, N.D. New York · Jul 27, 2026

The matter thus is clearly not moot. … Plaintiff has clearly alleged a past injury.

Adecco USA, Inc. v. Staffworks, Inc.

District Court, N.D. New York · Nov 1, 2022

Under the "'sham exception' to this doctrine, 'activity "ostensibly directed toward influencing governmental action" does not qualify for Noerr immunity if it "is a mere sham to cover ... an attempt to interfere directly … The Litigation Privilege 13 It is well established under New York law that "absolute immunity from liability for

Gladding

District Court, N.D. New York · Feb 10, 2026

Plaintiff notes that, “[w]hile sovereign immunity is jurisdictional, dismissal is premature because [t]he Ex parte Young exception may apply.” (Dkt. … Fischer, 837 F.3d 162, 171 (2d Cir. 2016) (noting that Earley “clearly established that where the [sentencing] court has not included [post-release supervision] in a defendant’s sentence, DOCS may not add that term without

Gandhi v. NYS Unified Court System

District Court, N.D. New York · Mar 11, 2020

statute has abrogated that agency’s immunity. … Under clearly established law, the Eleventh Amendment provides states immunity in federal court. Woods v. Rondout Valley Cent. Sch. Dist. Bd of Educ., 466 F.3d 232, 236 (2d Cir. 2006).

Mace v. Crouse Health Hospital, Inc.

District Court, N.D. New York · Aug 8, 2023

Plaintiff was qualified for the job and performed in a satisfactory way. Id. at J 15. … ’s personnel, based upon a pre-existing health condition, the requirements of this section relating to COVID-19 immunization shall be inapplicable only until such immunization is found no longer to be detrimental to such

Lettieri

District Court, N.D. New York · Jul 15, 2026

A plaintiff can establish the existence of an official policy or custom through “(1) a formal policy endorsed by the municipality; (2) actions directed by the government's authorized decisionmakers or those who establish … immunity.