Case law

Seraj

District Court, N.D. New York · Aug 21, 2026

The process of issuing or denying visas generally falls under this immunity. See id. at 908. … Upon completion of the case-specific administrative processing, the consular officer might conclude that an applicant is now qualified for the visa for which he or she applied.

United States of America v. One 2003 Ferrari Enzo AB Version E, VIN #: ZFFCZ56B000132659, et al.; B and R Acquisition Partners, LLC and JHM Lending Ventures, LLC

District Court, N.D. New York · Mar 18, 2026

The Second Circuit explained that "[i]n Cambio Exacto, [it] clearly held that before a claimant can be heard to contest a civil forfeiture claim, he must demonstrate both Article III and statutory standing." Id. … District Judge 2 Because B & R has failed to establish statutory standing, the Court need not address whether it established constitutional standing. 16

New Hope Family Servs., Inc. v. Poole

387 F. Supp. 3d 194 · District Court, N.D. New York · May 16, 2019

The rule making documents and subsequent OCFS Information Letters clearly set forth the intent of section 421.3(d). … Such facts clearly fail to demonstrate a discriminatory purpose. In establishing discriminatory effect, a plaintiff is not "obligated to show a better treated, similarly situated group of individuals." Pyke v.

Brennan v. NCAComp Inc.

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

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity . . . .” … New York4 has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983. See Trotman v.

Moore v. Keller

District Court, N.D. New York · Oct 29, 2020

They also preclude the grant of qualified immunity at this juncture. Hulett, 253 F. Supp 3d at 495-96 (finding same where surveillance video failed to establish objective reasonableness of the arrest). … These disputes over the fact pattern also preclude defendants' arguments about qualified immunity.

Markle v. Ulster County Resource Recovery Agency

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

Third, Plaintiff argues that Defendant Whittaker can be held individually liable and is not entitled to qualified immunity. (Id. at 26-28.) … immunity at this stage.

Raminger

District Court, N.D. New York · Jul 8, 2026

(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 from such relief.” 28 U.S.C. § 1915(e)(2). … to refuse to hire or condition does not establish that a plaintiff is disabled.”

Santos v. The Syracuse Police Department

District Court, N.D. New York · Jul 5, 2023

Such conclusory, unsupported statements are insufficient to establish a plausible claim of personal involvement of the defendants other than Det. … Plaintiff, while clearly dissatisfied with the rulings of the Family Court, does not establish that he was deprived of a full and fair determination in that forum. See Hunter v.

Matter of Does

541 F. Supp. 213 · District Court, N.D. New York · Apr 19, 1982

"[Clearly,] Congress did not expect the [IRS] to delay its investigation of suspicious or unusual circumstances until it had evidence of an actual violation. … In addition, since the herd is "used" by the same party after the investor acquires it, the IRS takes the position, based on Treasury Reg. § 1.48-3(a)(2)(i), that the investor does not qualify for investment credits. [9]

Barclay v. New York

477 F. Supp. 2d 546 · District Court, N.D. New York · Mar 19, 2007

This burden can be met by establishing that the plaintiff did commit the most serious of the charged infractions. Id. … It is also unnecessary to address defendants’ personal jurisdiction and qualified immunity arguments.

Wright v. National Bank of Stamford

600 F. Supp. 1289 · District Court, N.D. New York · Jan 2, 1985

Although the moving party bears the burden of clearly establishing the nonexistence of any issue of fact that is material to a judgment in his favor, Adickes v. S.H. … This fact is of. course established by the res judicata effect of the state courts’ holdings. 13 .

Blackwelder v. Safnauer

689 F. Supp. 106 · District Court, N.D. New York · Jun 17, 1988

United States, 461 U.S. 574, 603 , 103 S.Ct. 2017, 2034-35 , 76 L.Ed.2d 157 (1983), and extends qualified protection to religiously grounded conduct. Wisconsin v. … These are clearly legitimate secular purposes.

Ali v. John Dow

District Court, N.D. New York · May 29, 2024

Upon review of plaintiff's IFP application, the undersigned determines that plaintiff financially qualifies for leave to 1 Plaintiff filed his original complaint on January 29, 2024. See Dkt. No. 1. … It is well established that [a] police department is an administrative arm of [a] municipal corporation, and cannot sue or be sued because it does not exist separate and apart from the municipality and does not

Niagara Mohawk Power Corp. v. Stone & Webster Engineering Corp.

125 F.R.D. 578 · District Court, N.D. New York · May 25, 1989

Taylor, ... the Court recognized a qualified immunity from discovery for the ‘work product of the lawyer’; such material could only be discovered upon a substantial showing of ‘necessity or justification.’” F.T.C. v. … There are instances where the deposition of an attorney is clearly appropriate.

DiStefano, Jr. v. Endurance American Insurance Company

District Court, N.D. New York · Aug 7, 2020

The property is immune only from the claim of the creditor of one of the tenants.”); In re McQueen, 21 B.R. 736, 737 (Bankr. D. … “However, a federal court may consider such arguments when (i) manifest injustice would occur; or (ii) the argument is clearly presented by the record.” Boyce v.

DiFillippo v. Special Metals Corp.

299 F.R.D. 348 · District Court, N.D. New York · Mar 26, 2014

Plaintiff was qualified to hold such position. Id. Plaintiff was denied the position. Id. … “In order to establish a violation of § 504 of the Rehabilitation Act, a plaintiff must show: (1) that he has a disability for purposes of the Rehabilitation Act; (2) that he was ‘otherwise qualified’ for the benefit that

Eymer v. Ground Round, Inc.

913 F. Supp. 693 · District Court, N.D. New York · Feb 12, 1996

Under the well established McDonnell Douglas standard, plaintiff has the initial burden of establishing a prima facie case. … In order to do so, plaintiff must show that (1) he was within the protected age group; (2) he was qualified for the job; (3) he was discharged; and (4) the discharge occurred under circumstances giving rise to an inference

Alexander v. Cahill

634 F. Supp. 2d 239 · District Court, N.D. New York · Jul 23, 2007

At that time, former Presiding Justice Pigott clearly indicated that presiding justices intended to focus the amendments on attorneys motivated by profit, and, therefore, inclined to “overreach.” … b) Law firm includes, but is not limited to, a professional legal corporation, a limited liability company or partnership engaged in the practice of law, the legal department of a corporation or other organization and a qualified

Allen v. Berlin

132 F. Supp. 3d 297 · District Court, N.D. New York · Sep 15, 2015

In response, plaintiffs argue that Spencerport is not immune from § 1983 *303 liability. (Dkt. No. 43, Attach. 1 at 24-33.) The court agrees with Spencerport. … Plaintiffs have expressly alleged that they were required to sign NYSED’s confidentiality agreements, which clearly threaten specific disciplinary action if they are violated, and that this threat of a specific future harm

Ingraham v. Saint Mary Hospital

District Court, N.D. New York · May 12, 2021

Nos. 8, 10, the undersigned determines that Plaintiffs qualify to proceed IFP for purposes of filing." IL. … in order to establish diversity jurisdiction.