Case law

Digioia v. Senkowski

837 F. Supp. 492 · District Court, N.D. New York · Nov 19, 1993

Stated somewhat differently, one “who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.” Id. … Petitioner then asserts that “[sjimply proscribing conduct as “wrong” does not justify imposing the second longest sentence in New York jurisprudence, particularly when conduct that is merely non-consensual qualifies for

Giles v. Fitzgerald

District Court, N.D. New York · Oct 27, 2020

Harvey, 95 N.Y.2d 191, 195 (2000)) (“[U]nder the common law any final termination of a criminal proceeding in favor of the accused, such that the proceeding cannot be brought again, qualifies as a favorable termination … Individual Capacity “It is by now well established that a state prosecuting attorney who acted within the scope of his duties in initiating and pursing a criminal prosecution is immune

Doyle v. Town of Manlius, New York

District Court, N.D. New York · Mar 26, 2024

Measured against this general legal standard, the alleged conduct of the six members of the Town Board was clearly undertaken “in a legislative capacity.” … Even assuming otherwise, plaintiffs’ complaint does not adequately establish diversity jurisdiction.

Empire State Restaurant & Tavern Ass'n v. New York

289 F. Supp. 2d 252 · District Court, N.D. New York · Oct 21, 2003

This waiver provision is qualified in that “[e]very waiver granted shall be subject to such conditions or restrictions as may be necessary to minimize the adverse effects of the waiver upon persons subject to an involuntary … Likewise, Plaintiffs cite numerous letters from other county health departments issuing blanket denials on the grounds that Chapter 13 fails to clearly define the parameters of undue financial hardship, or that they will

Johnson v. All Metro Home Care Services

District Court, N.D. New York · Nov 7, 2019

App’x 206, 212 (2d Cir. 2010) (“It is well-established that a ‘plaintiff may prevail on a claim for retaliation even when the underlying conduct complained of was not in fact unlawful so long as he can establish that he … Supp. 2d 202, 227 (E.D.N.Y. 2010) (“It is clearly established that ‘informal complaints to supervisors constitute protected activity under Title VII.’”).

Wilkins v. Time Warner Cable, Inc.

10 F. Supp. 3d 299 · District Court, N.D. New York · Mar 31, 2014

Prima Facie Case A plaintiff establishes a prima fa-cie case of unlawful termination under ERISA by showing that she: (1) belongs to a protected group, i.e., is an employee protected by ERISA; (2) was qualified for her position … Discussion Plaintiffs breach of contract claim clearly “relates to” the Plan and is therefore preempted by ERISA. See Paneccasio, 532 F.3d at 114 ; Pronti v. CNA Fin.

Biklen v. BOARD OF EDUCATION, CITY SCHOOL DIST., SYRACUSE, NY

333 F. Supp. 902 · District Court, N.D. New York · Nov 9, 1971

However, it is clearly inappropriate to ruminate about the mixed socio-political, philosophical or personal objections of the plaintiff. … Floyd, 385 U.S. 116, 132 , 87 S.Ct. 339, 347 , 17 L.Ed. 2d 235 (1966). 14 The constitutionality of the constitutional oath, we find, is amply established by authority and it is immune from a first amendment attack.

Antidormi v. National Railroad Passenger Corp.

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

No. 9, Attach. 2 at 8)––is clearly a protected activity that may support a retaliation claim. See Jaeger v. N. Babylon Union Free Sch. Dist., 191 F. … Given that Antidormi’s filing of the EEOC charge is the only protected activity immune from exhaustion issues, and he alleges no adverse employment action followed it, Antidormi fails to state a retaliation claim.

Carruthers v. Colton

District Court, N.D. New York · Nov 29, 2021

immunity. … Senior United States District Judge 3 Since the Court dismisses each of Plaintiff's causes of actions on the merits, it will not address Defendants’ argument that they are entitled to qualified immunity.

Central New York Laborers' Health & Welfare Fund v. Fahs Construction Group, Inc.

170 F. Supp. 3d 337 · District Court, N.D. New York · Mar 21, 2016

First, although Gangemi’s opposition brief now suggests plaintiffs’ conduct should result *343 not just in dismissal but also in other sanctions, his underlying moving papers did not clearly make that latter request. … by the PLA as well as (4) maintained bona fide private plans that satisfied New York Labor Law and (5) *345 remitted contributions to those private plans on behalf of those appropriately qualified, properly designated employees

Chauffeur's Training School, Inc. v. Riley

967 F. Supp. 719 · District Court, N.D. New York · Jun 10, 1997

CTS claims that the class was rescheduled on July 6th, but records of CTS fail to establish that such a session took place.” In the Matter of Chauffeur’s Training School, at 3. … CTS clearly has a property interest in retaining the funds in its accounts.

Cain v. North Country Community College

District Court, N.D. New York · Dec 8, 2020

Barber argues that the allegations against her must be dismissed because she is entitled to qualified immunity. (Dkt. No. 12, Attach. 2 at 18-19.) … Supp. 3d 370, 379 (N.D.N.Y. 2017) (“[I]f a failure to investigate does not qualify as an adverse employment action under Title VII’s broader definition of the term for retaliation claims, such failure plainly does not qualify

United States v. Yevakpor

419 F. Supp. 2d 242 · District Court, N.D. New York · Feb 14, 2006

“Evidence should be excluded on a motion in li-mine only when the evidence is clearly inadmissible on all potential grounds.” ... … In addition, the government has the testimony of others to establish the information it seeks to present through the videotape. Deft’s Mem. of Law (Dkt. No. 28) at 3 (citing Fed. R. Evid. 403; United States v.

Sides v. Paolano

District Court, N.D. New York · Sep 14, 2020

In remanding the case, the Second Circuit invited the Court to address Defendants' claims of "qualified immunity and Sides's failure in conflict with the Prison Litigation Reform Act ... to exhaust administrative remedies … Additionally, to receive the benefit of tolling, Plaintiff was required to demonstrate that he pursued this action with the appropriate amount of diligence, which is clearly lacking in the present matter. See Lyons v.

Malek v. New York State Unified Court System

District Court, N.D. New York · Sep 9, 2022

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). … App'x 73, 74 (2d Cir. 2021) (explaining that where "the most [plaintiff] alleged is that [defendant] received his letter and directed someone at the [agency] to respond to it[, t]hat is clearly not enough to state a claim

Kuntz v. New York State Board of Elections

924 F. Supp. 364 · District Court, N.D. New York · Apr 23, 1996

As characterized by defendants, and uncontradicted in any form by plaintiff, Clinton County’s booth rule clearly satisfies the “content-neutrality” prong of the Heffron test. … by Qualified Inununity.

Mercer v. Harper

District Court, N.D. New York · Mar 29, 2023

No. 21, Petitioner claims that “[t]he [County C]ourt and [the People had] no qualified immunity when [they] violated [P]etitioner’s constitutional right to due process....” Dkt. No. 21 at 4. … Summary Judgment Petitioner submitted a motion for summary judgment in his traverse, arguing “[t]he [County] [C]ourt and [the] [P]eople ha[ve] no qualified immunity” and

Henderson v. Popp

District Court, N.D. New York · Mar 28, 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. … Qualified Immunity The Report-Recommendation found that the issue of qualified immunity cannot be resolved as to the sole remaining retaliation claim against Defendant

Polizzi v. County of Schoharie

District Court, N.D. New York · Mar 12, 2024

To the extent that these claims might be independently actionable, defendants argue that the Treasurer is entitled to legislative and/or qualified immunity. Id. at 21–23. … Second, and relatedly, the good-faith defense offered by the Supreme Court’s qualified immunity doctrine is not available to municipalities. Owen v. City of Independence, 445 U.S. 622 (1980).

Locastro v. East Syracuse-Minoa Central School District

830 F. Supp. 133 · District Court, N.D. New York · Aug 19, 1993

“The defendant must clearly establish through admissible evidence the reasons for plaintiff’s termination. ‘The explanation must be legally sufficient to justify *139 a judgement for defendant.’” Tunis v. … Additionally, plaintiffs case against the School District fails because she did not show by a preponderance of the evidence that she was qualified to teach during the ensuing school semesters.