Case law

Ozzborn v. The State of New York

District Court, N.D. New York · Jun 2, 2021

false arrest/imprisonment claim based on the existence of "arguable probable cause," but fails to raise the qualified immunity defense as to Plaintiff's right to a fair trial claim. … Here, questions of fact would preclude granting summary judgment based on qualified immunity for the alleged violation of this clearly established right.

Daily Orange Corp. v. Central Intelligence Agency

532 F. Supp. 122 · District Court, N.D. New York · Mar 18, 1982

The exemption authorizes an agency to withhold any information that is “(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy … At least two categories would clearly apply to covert activity at Syracuse, if it exists: 1-301(c), concerning “intelligence activities, sources, or methods”; and l-301(e), involving “scientific, technological, or economic

Dobbs v. SEFCU

District Court, N.D. New York · Dec 13, 2022

The undersigned has reviewed Plaintiff’s IFP application and determines she financially qualifies to procced IFP. … relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).

Yennard v. Boces

353 F. Supp. 3d 194 · District Court, N.D. New York · Feb 12, 2019

To establish a prima facie case for failure to provide a reasonable accommodation, a plaintiff must show "(1) that she is a qualified individual with a disability; (2) that the defendants are subject to [the ADA or the Rehabilitation … Lynch other than the one on the last day that was provided late; Plaintiff's testimony, taken in context, does not clearly suggest that interpretation. (Dkt. No. 68, Attach. 34, at 110 [Pl.'s Dep.].)

Lehigh Valley R. v. Public Service Commission

272 F. 758 · District Court, N.D. New York · Feb 21, 1921

The grant in the Constitution of its own force, that is, without action by Congress, established the essential immunity of interstate commercial intercourse from the direct control of the states with respect to those subjects … Ed. 910 , where Justice Brewer, writing the opinion, announced: v “Clearly tlie state and the national acts relate to the same subject-matter and prescribe different rules.

Croney v. DeJoy

District Court, N.D. New York · Jan 30, 2024

McAvoy, United States District Judge, Section 1915(g) clearly prevents plaintiff from proceeding accepted the Report and Recommendation of Magistrate in this action without prepayment of the filing fee. … immunity.

Dean v. Annucci

District Court, N.D. New York · Mar 2, 2023

of "sovereign immunity." … These requirements and restrictions are neither clearly erroneous nor contrary to law.

Mottinger v. Hendricks

208 F. 824 · District Court, N.D. New York · Oct 18, 1913

If the plaintiff in this suit establishes a liability of $5,800, aside from interest, and the defendant shows an agreement to accept $1,000 in full payment made prior to the establishment of the liability, and it then is … A. 402 , in so far as the opinion in the latter case conflicts, if it does, and clearly overrules Irvine v. Putnam (C.

Flores

District Court, N.D. New York · Sep 9, 2026

[ARM] establishes the ‘nexus’ for state-private liability.” (Id.) (Id. at 3, 17, 19.) … “A judge will not be deprived of immunity to suit in federal court, and Congress did not immunity because the action he took was in error, was done abrogate the states’ immunity in enacting 42 U.S.C. § 1983. maliciously,

Knaust v. City of Kingston

978 F. Supp. 86 · District Court, N.D. New York · Oct 10, 1997

Plaintiffs, on the other hand, argue that their allegations *90 of irreversible environmental injury are sufficient to establish standing under NEPA. … Here, the EDA’s decision to award a Title IX grant was discretionary in nature, and the Plaintiffs have not alleged that the federal government has waived its sovereign immunity.

Levine v. Babiarz

District Court, N.D. New York · Jun 7, 2023

Second, Levine contends that Cannon is not entitled to judicial immunity because he was “acting in the clear absence of all jurisdiction.” (Id. ¶¶ 7-13.) … . ¶¶ 14-15.) 1 “[A] report is clearly erroneous if the court determines that there is a mistake of fact or law which is obvious and affects substantial rights.”

Ward v. Stewart

284 F. Supp. 3d 223 · District Court, N.D. New York · Feb 26, 2018

Section 1292(b) In 1958, Congress created a "procedure for establishing appellate jurisdiction to review nonfinal orders in civil actions." … As defendant correctly argued before and now, the portion of the Owen decision that is particularly damaging to him-the Appellate Division's exposition on its view of why the decedent-racer would have quite clearly qualified

Blount v. County of Onondaga

District Court, N.D. New York · Mar 15, 2021

Aug. 15, 2011) (“[I]t is established law that a district judge will not consider new arguments raised in objections to a magistrate judge's report and recommendation that could have been raised before the magistrate but … Supp.2d 311, 312-13 (W.D.N.Y. 2009) (“In this circuit, it is established law that a district judge will not consider new arguments raised in objections to a magistrate judge's report and recommendation that could have

Boomer v. Bruno

134 F. Supp. 2d 262 · District Court, N.D. New York · Feb 27, 2001

“Under New York law, the doctrine of collateral estoppel, or issue preclusion, ‘bars a party from relitigating in a subsequent proceeding an issue clearly raised in a prior proceeding and decided against that party where … States’ Eleventh Amendment immunity "extends to state agencies and to state officers who act on behalf of the state.” Burnette v. Carothers, 192 F.3d 52, 56 (2d Cir.1999).

Wykstra v. Life Insurance Co. of North America

849 F. Supp. 2d 285 · District Court, N.D. New York · Feb 2, 2012

In opposition to Plaintiffs motion for summary judgment, Defendants further argue that Plaintiff fails to establish that LINA’s claims determination was actually influenced by its conflict of interest, and therefore the conflict … The PAAs clearly evidence Plaintiffs inability to sit long enough to do sedentary work in accordance with the definition of sedentary work relied on by courts in this circuit.

Woodward v. Doe 1

District Court, N.D. New York · Aug 15, 2024

Remaining is Plaintiff's Eighth Amendment excessive force claim «| against Defendants Bidwell and Juliano. 3 The Defendants also make passing reference to their entitlement to qualified immunity without further … It also demonstrates that he clearly understood DOCCS’ inmate grievance policy and could navigate it when he wished to pursue a grievance.

Abovepeer, Inc. v. Recording Industry Ass'n of America, Inc.

166 F. Supp. 2d 655 · District Court, N.D. New York · Jun 22, 2001

ANALYSIS In determining which of two competing actions should proceed, the well-established rule in this Circuit is that the first suit should have priority, absent special circumstances which justify giving priority to the … Plaintiff would clearly bear a “significant and disproportionate economic burden,” J.

Dan v. State of New York

District Court, N.D. New York · May 20, 2025

Hochul, plaintiff raises essentially identical claims against defendant Hochul that undersigned concludes that plaintiff financially qualifies to proceed IFP.? … The law is well established that under the Eleventh Amendment to the United States Constitution, the State of New York and its subdivisions are immune from suits brought under Section 1983.

In re Insurance Co. of Pennsylvania

22 F. 109 · District Court, N.D. New York · Jul 1, 1884

A lien once established will be enforced according to our own and not Canadian procedure. … The Dolphin, 1 Flippin, 580; affirmed in a qualified way, Id. 592; The Illinois, decided on the authority of The Dolphin, 2 Flippin, 383; The Guiding Star, 9 Fed. Rep. 521; affirmed, 18 Fed. Rep. 263.

Davis v. Luft

District Court, N.D. New York · Nov 12, 2019

Defendants respond that this argument came not in response to Defendants’ arguments about municipal liability, but in response to the individual Defendants’ claims of qualified immunity. … While the Court notes that Plaintiff did not make this argument about municipal liability in response to Defendants’ arguments but instead in response to their qualified immunity claims, the Court must acknowledge that the