Case law

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

Estate of D.B. v. Thousand Islands Cent. Sch. Dist.

327 F. Supp. 3d 477 · District Court, N.D. New York · Aug 29, 2018

immunity. ( Id. ) Defendants argue that, to the best of the District's knowledge, any issues between D.B. and other students were addressed and ended. ( Id. ) Therefore, Defendants argue that it was clearly reasonable for … s mother would have preferred. ( Id. ) Fifth, Defendants argue that qualified immunity applies even where a right is "clearly established" if the official acts under an objectively reasonable belief that he has not violated

Elleby v. United States

District Court, N.D. New York · Jan 3, 2022

On November 30, 2021, the Honorable Miroslav Lovric recommended that Plaintiff’s Complaint be dismissed with prejudice for failure to exhaust his administrative remedies and, in the alternative, for failure to establish a … Furthermore, Judge Lovric denied Defendant’s motion to revoke Plaintiff's IFP status as moot, and recommended that Defendant’s qualified immunity argument be denied. See id. at 20, 23-24. Ii.

Dunn v. Dubiel

District Court, N.D. New York · Jun 20, 2023

Plaintiff's claim against Warden Artuz is that he “fail [sic] to qualify as warden.” … It is similarly well established that an inmate's initiative, ... dismiss the complaint”).

In re: Alex Perez

District Court, N.D. New York · Sep 14, 2026

dismiss the complaint, or any portion of the complaint, if the complaint . . . is frivolous, malicious, or fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant who is immune … Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for "'the deprivation of any rights, privileges, or immunities secured

Cuney v. Choi

District Court, N.D. New York · Nov 7, 2022

Ct. at 1862).4 3 The Court notes that Defendant argues that there is not even clearly established law regarding the scope of permissible review of personal, unrelated information during the execution of a search warrant … immunity.

Cassidy v. Madoff

District Court, N.D. New York · Nov 30, 2020

Dismissal of these parties was based on the established law of sovereign immunity, see Dkt. … y| Adding three new defendants and several new claims will clearly necessitate additional discovery.

Morgan v. Mallozzi

District Court, N.D. New York · Feb 18, 2022

or immunities secured by the Constitution and laws' of the United States." … 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

Graham v. Henderson

224 F.R.D. 59 · District Court, N.D. New York · Jul 19, 2004

The court in Blissett further noted that punitive damages are “clearly beyond the scope of relief which [New York EPTL § 11— 3.2(a)(1)] authorizes.” Id. … Plaintiff, therefore, has failed to establish that Jeanne Decker was a “successor” of John Nelson Decker and because plaintiff also failed to establish that Jeanne Decker was a “representative” of John Nelson Decker’s estate

In re Clark

176 F. 955 · District Court, N.D. New York · Feb 25, 1910

On or about the 6th day of June, 1908, Nelson L- Drummond duly qualified as trustee of the estates of the bankrupts by executing and filing his bond as such which was approved June 8, 1908. … The judgment in the Supreme Court does not establish, or purport to establish, the amount actually due and owing the Smiths on the notes and bond referred to.

Horanzy v. Vemma Nutrition Co.

87 F. Supp. 3d 341 · District Court, N.D. New York · Feb 18, 2015

Defendants’ product packaging and labeling, as well as its marketing and advertising campaign, claims that these mangosteen-infused products provide a number of specific health benefits, including increasing a consumer’s immune … Plaintiff alleges that the “consensus of published research” confirms that these health claims are clearly false. Id.

Disability Rights New York v. Wise

171 F. Supp. 3d 54 · District Court, N.D. New York · Mar 18, 2016

To that end, defendants claim that the words “describe” and “report” qualify the disclosures the Justice Center must make under the PAIMI and DD Acts. (Id. at 14-16.) … Tarwater Developmental Ctr., 97 F.3d 492, 497 (11th Cir.1996) (describing the scope of access granted to a P & A system as broad). 8 Clearly, the purpose of the statutes weighs in favor of robust disclosure.

Kindlon

District Court, N.D. New York · Nov 10, 2025

The law in this Circuit clearly provides that "[j]udges enjoy absolute immunity from personal liability under Section 1983 for 'acts committed within their judicial jurisdiction.' " Young v. … Thus, under the common law doctrine of judicial immunity, a judge is absolutely immune from a suit for monetary damages unless (1) the actions giving rise to the suit were "not taken in the judge's judicial capacity" or

Khalil

District Court, N.D. New York · Mar 30, 2026

Fourth, in the alternative, Defendant argues that, based on the factual allegations of Plaintiff’s Second Amended Complaint, Defendant is entitled to qualified immunity as a matter of law, because a First Amendment right … to routine meal or medication scheduling during Ramadan was not clearly established during the time in question.

Demuth v. Chenango County Sheriff's Office

District Court, N.D. New York · Mar 3, 2020

Defendant White explained both Defendants' inability to sign the documents, as they did not qualify as "authorized officers" for this purpose. See Dkt. No. 31-2 at ¶¶ 3–4. … immunity.

Lowery v. the Tug Ellen S. Bouchard

128 F. Supp. 16 · District Court, N.D. New York · Jan 31, 1955

It was an established, ordinary, good business practice before the risk was taken to insure a cargo. … In my judgment, there is not enough present here for me to qualify the flat principle of responsibility set by higher authority. The master of the tug Lowery was on the scene at all times.

Plumbers, Pipefitters & Apprentices Local Union No. 112 Pension, Health & Educational & Apprenticeship Plans v. Mauro's Plumbing, Heating & Fire Suppression Inc.

84 F. Supp. 2d 344 · District Court, N.D. New York · Feb 10, 2000

This testimony supports the conclusion that the Mauros established Northeast to circumvent the financial burdens imposed by the CBA. … Plaintiffs further assert that the five employees *353 referenced by Defendants were apprentices (they were not qualified as journeyman) rather than “non-Union” employees.

TIME-DC v. NY St. Teamsters Conf. Pen. & Ret.

580 F. Supp. 621 · District Court, N.D. New York · Feb 15, 1984

To the extent this Court has concluded that TIME-DC has established irreparable injury in the preliminary injunction context, it has established that necessary to avoid arbitration. … S.E.C., 609 F.2d 570 , 576-77 (2d Cir.1979), arbitration clearly is inappropriate. I.A.M. National Pension Fund v.

Zeltman v. Infinigy Solutions, LLC

District Court, N.D. New York · Aug 5, 2024

A court should exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds. See Baxter Diagnostics, Inc. v. … Plaintiff is clearly capable of testifying about his injuries and how they have impacted one or more major life activities, as required to prove his claim.

Picinich v. United Parcel Service

583 F. Supp. 2d 336 · District Court, N.D. New York · Apr 11, 2008

While Picinich had several job interviews, he did not qualify for quite a few of the positions because of his lack of education and physical limitations. … Picinich II, 236 Fed.Appx. at 665 , 2007 WL 1704948 , at *1. *340 The Second Circuit went on to conclude that this court’s determination that Pici-nich failed to mitigate his damages after February 2002 was clearly erroneous