Case law

Morris v. Soars

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

Clearly, Defendants were armed with “reasonably trustworthy information” that Plaintiff had committed a crime. … s Fourth Amendment rights, the Court does not reach Defendants’ qualified immunity argument. (Dkt. No. 46-5, at 9-10). 10

Flores

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

|Monetary relief against a defendant who is immune from such relief.” 28 U.S.C. … See 28 U.S.C. § 1332(c)(1).'3 Although plaintiff has arguably established complete diversity of citizenship, Owen Equip. & Eriction Co. v.

DeRocha

District Court, N.D. New York · Jul 17, 2026

Plaintiff commenced this action pursuant to 42 U.S.C. § 1983, which “establishes a cause of action for ‘the deprivation of any rights, privileges, or immunities secured by the Constitution and laws’ of the United States … , privileges, or immunities secured by the Constitution and laws’ of the United States.”

Johnson v. Home Town Inn by Red Roof

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

Johnson v. Motel 6

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

Johnson v. Springhill Suite Syracuse Carrier Circle

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

Johnson v. Candlewood Suites East Syracuse

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

Johnson v. Embassy Suites by Hilton

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

Jolly v. Excelsior College

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

P. 6(a)(1)(C). 2020 WL 3128535 she graduated from a program that would make her qualified to work as an RN. Id. at 25-26. … she had graduated from Excelsior emphatically establishes that she did not, in fact, graduate. Comp. 102-04.

Peek v. Duanesburg Central School District

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

School District Defendants’ Immunity from Liability The School District Defendants argue that they are immune from liability because after Plaintiffs “failed to abide by various statutory requirements governing … provisions related to rape. 20 Specifically, Plaintiffs cite to a group of inapplicable public laws including: “45 stat 54,” “80 stat 613,” “94 stat 1743,” “96 stat 32,” and “106 stat 4516” without clearly

Jarvis

District Court, N.D. New York · Jun 17, 2026

Nevertheless, “dismissal of a pro se complaint is ... appropriate where a plaintiff has clearly failed to meet the minimum pleading requirements.” Rahman v. … immunity.”

Gray v. Village of Ravena

District Court, N.D. New York · Feb 21, 2020

Third, Defendants argue that they are protected from liability as a matter of law by the doctrine of qualified immunity because, based on the current record, it cannot be genuinely disputed that they acted in an objectively … Because the Court has determined that Plaintiff’s claim must fail for multiple threshold reasons, the Court need not (and does not) reach the issue of whether Defendants are entitled to qualified immunity.

Patterson v. The People Of The State Of New York

District Court, N.D. New York · Dec 23, 2020

"a cause of action for 'the deprivation of any rights, privileges, or immunities secured by the Constitution and laws' of the United States" by a person acting under color of state law. … The information submitted by plaintiff with his complaint does not clearly establish the invalidity of his conviction.

Baker v. E.I. Dupont De Nemours and Co.

District Court, N.D. New York · Sep 19, 2024

DeWitt clearly qualifies as an expert witness. Her educational and professional background involve significant study and work in the field of toxically or risk assessment. See generally DeWitt Opinion at Ex. … Here, nothing in the present record establishes a solid basis for Dr. DeWitt to opine on what DuPont could have done decades ago if it had performed a particular type of study.

Socash v. O'Neal

District Court, N.D. New York · Aug 24, 2022

She also correctly explains that the United States has not waived its sovereign immunity for damages or from tax-refund-based claims. Id. at 12–20. … However, “it is well established that leave to amend a complaint need not be eranted where amendment would be futile.” Ellis v. Chao, 336 F.3d 114, 127 (2d Cir. 20038). That standard has clearly been met.

DORSETT-FELICELLI, INC. v. County of Clinton

349 F. Supp. 2d 355 · District Court, N.D. New York · Nov 16, 2004

Affording some providers this status therefore undercuts Pyramids’ and the Pre-School’s ability to compete and to retain and recruit qualified specialists. … The Second Circuit, relying on the statements of the Supreme Court, has instructed that: “[U]nless state law clearly bars the interposition of the constitutional [or federal] claims,” and “so long as there is no showing of

AIR TRANSPORT ASS'N OF AMERICA, INC. v. Cuomo

528 F. Supp. 2d 62 · District Court, N.D. New York · Dec 20, 2007

The field of health and safety is one of the most established areas of state police power. See Buckman Co. v. … For the foregoing reasons, this Court has determined that Plaintiff has not established its entitlement to judgment as a matter of law.

Burrell v. DOCCS

District Court, N.D. New York · Feb 9, 2023

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

Erinkitola v. United States

901 F. Supp. 80 · District Court, N.D. New York · Oct 2, 1995

a defendant previously has sustained a criminal penalty and the civil penalty sought in the subsequent proceeding bears no rational relation to the goal of compensating the Government for its loss, but rather appears to qualify … Case law in this circuit clearly establishes that when someone drives a car to the place where he is to receive illegal drugs being transported to him, he thereby uses the car to “facilitate” the transportation of controlled

Caldwell v. Barrier

District Court, N.D. New York · Feb 26, 2020

No. 3, undersigned determines that plaintiff qualifies to proceed IFP for purposes of filing only. I. … Weprin, 116 F.3d 62, 65-66 (2d Cir.1997) (‘“[l]t is well-established that court-appointed attorneys performing a lawyer's traditional functions as counsel to defendant do not act ‘under color of state law’ and therefore