Case law
Opinions from 1658 to today.
2,281 results
1.55s
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
Cited 0 timesUnknownDistrict Court, N.D. New York · May 25, 2022
Plaintiff has failed to make any allegations establishing that Defendants engaged in state action. … Here, there is clearly a lack of complete diversity since all of the parties here are alleged to be residents of New York. Compl. at pp. 1-3. As a result, diversity jurisdiction is lacking. Butler v. Geico Gen.
Cited 0 timesUnknown185 F. 585 · District Court, N.D. New York · Jan 9, 1911
He qualified and has acted since his appointment. … It is clearly contemplated that a town may sue or be sued upon its contracts lawfully made by its town officers.
Cited 1 timesPublished198 F. Supp. 587 · District Court, N.D. New York · Oct 24, 1961
Judicial labor to reverse a decision of the hearing Referee, clearly wrong, is always praiseworthy and proper when substantial evidence is lacking to support the administrative determination. … The plaintiff testified without counsel although the notice of hearing advised prominently he could be represented by a lawyer or qualified non-lawyer.
Cited 17 timesPublishedBaum v. Northern Dutchess Hospital
764 F. Supp. 2d 410 · District Court, N.D. New York · Jan 24, 2011
And, in order for health care providers, such as nursing homes, to qualify to receive the reimbursement, they must be certified by complying with the rules and regulations of the statute. … By its terms, private action is immune from the restrictions of the Fourteenth Amendment,' and the Amendment offers no shield against private conduct, however discriminatory or wrongful. Jackson v. Metro.
Cited 19 timesPublishedDistrict Court, N.D. New York · Jan 25, 2024
Docket Item 1. 134 (2d Cir. 2011) (prosecutorial immunity). … Morges, Downstate whether the allegations qualify for the exception” because Correctional Facility; C.O.
Cited 0 timesUnknownConcerned Home Care Providers, Inc. v. Cuomo
979 F. Supp. 2d 288 · District Court, N.D. New York · Sep 25, 2013
These allegations, if true, do not establish a protectible property interest. … a party of “any rights, privileges, or immunities secured by the Constitution and laws [of the United States].”
Cited 2 timesPublishedWeaver, Jr. v. New York State Unified Court System
District Court, N.D. New York · Jun 20, 2024
Further, Plaintiff has clearly asserted federal claims pursuant to the Fourteenth Amendment of the United States Constitution (which, as Defendants note, is enabled for suit through 42 U.S.C. § 1983, whether Plaintiff specifically … App’x 114, 115 [2d Cir. 2019]) (“Contrary to plaintiffs’ suggestion, there is no ‘fraud-on-the-court’ exception to the Rooker- Feldman doctrine: The Second Circuit has ‘clearly held that a plaintiff cannot rely on allegations
Cited 0 timesUnknownDistrict Court, N.D. New York · Nov 17, 2021
Furthermore, Plaintiffs dispute the applicability of judicial immunity. See id. at 12, 15-16. … Thus, the Court lacks subject matter jurisdiction and need not address the Rooker- Feldman doctrine or judicial immunity.
Cited 0 timesUnknown970 F. Supp. 102 · District Court, N.D. New York · Jul 9, 1997
The Court first asked Petitioner if he felt qualified to represent himself (Trial Transcript [“T”] at 2). … The Second Circuit requires only that the defendant is “competent to stand trial and that he clearly [seek] to represent himself after being duly warned of the risks of doing so.” Johnstone, 808 F.2d at 216 .
Cited 1 timesPublished260 F. Supp. 3d 211 · District Court, N.D. New York · May 18, 2017
Clearly, the complained-of conduct permeated Plaintiffs workplace more so than the conduct in the plaintiffs workplace in Vito . Furthermore, in Sardina v. … Accordingly, “[f]irst, the plaintiff must establish a prima facie case of retaliation.
Cited 1 timesPublished312 F. Supp. 3d 306 · District Court, N.D. New York · May 1, 2018
The Third Department did not unreasonably apply clearly established Supreme Court precedent in rejecting this argument. … To qualify as an "adequate" ground, the state rule must be "firmly established and regularly followed." Walker , 562 U.S. at 316 , 131 S.Ct. 1120 (internal quotation marks omitted); Downs v.
Cited 14 timesPublished517 F. Supp. 462 · District Court, N.D. New York · Jun 26, 1981
. § 1341 to establish the propriety of federal court jurisdiction. … Clearly the administrative review before the Tax Commissioner to determine Mr.
Vacated on other grounds by Lamont v. Tully, 92 F.R.D. 462 (1981)Cited 1 timesPublishedDistrict Court, N.D. New York · Oct 24, 2024
The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP.' … time if the court determines that . . . the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune
Cited 0 timesUnknownHartwick College v. United States
611 F. Supp. 400 · District Court, N.D. New York · Feb 25, 1985
The complaint alleges that all of the estate’s earned income qualified for the charitable deduction provided by section 642(c)(2) of the Internal Revenue Code, 26 U.S.C. § 642 (c)(2). … The court agrees with plaintiffs that after Edwards Congress knew it had to clearly state its intent to reduce charitable deductions by taxes.
Cited 2 timesPublishedBrandon v. BOARD OF ED. OF GUILDERLAND
487 F. Supp. 1219 · District Court, N.D. New York · Apr 16, 1980
In fact, Education Law § 414 would clearly serve to prohibit such use. … (emphasis added) Clearly this is not the type of situation envisioned by Mr.
Cited 1 timesPublishedDistrict Court, N.D. New York · May 1, 2023
Analysis Plaintiff brings this action pursuant to 42 U.S.C. § 1983, which establishes a cause of action “for the deprivation of any rights, privileges, or immunities … Id. by judicial immunity. See id., ECF Dkt. No. 11.
Cited 0 timesUnknown635 F. Supp. 808 · District Court, N.D. New York · May 30, 1986
The standard in the Second Circuit for injunctive relief “clearly calls for a showing of (a) irreparable harm and (b) either (1) the likelihood of success on the merits or (2) sufficiently serious questions going to the merits … appointing officer may nominate a person to the state civil service department or municipal commission for non-competitive examination, and if such nominee shall be certified by such department or municipal commission as qualified
Cited 3 timesPublishedDistrict Court, N.D. New York · Jun 4, 2024
Due to HHHN’s status as a Federally Qualified Health Center and Dr. … from suit save as it consents to be sued, and hence may be sued only to the extent that it has waived sovereign immunity by enacting a statute consenting to suit.’”
Cited 0 timesUnknownTurner v. National Railroad Passenger Corp.
181 F. Supp. 2d 122 · District Court, N.D. New York · Jan 23, 2002
Summary Judgment The standard for summary judgment is well-established. … Additionally, suspension and termination from employment obviously qualify as an adverse action against Plaintiff.
Cited 9 timesPublished
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