Case law

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.

Lewis v. Adirondack Medical Center

District Court, N.D. New York · Oct 9, 2024

Plaintiff has stated he “was diagnosed with attention-deficit hyperactivity disorder (“ADHD”) qualifying [him] as disabled,”2 (Dkt. … Sept. 20, 2021) (“[A] diagnosis, standing alone, establishes only that Plaintiff has an impairment; it does not establish that any major life activity is limited by that impairment.”).

Wright v. Duncan

31 F. Supp. 3d 378 · District Court, N.D. New York · Mar 28, 2011

So too, it is Wright’s burden to show that New York applied clearly established law in an unreasonable manner. See Acosta v. Artuz, 575 F.3d 177, 184 (2d Cir.2009). 14 . b. … July 11, 2002) (noting that Chambers rule concerning admission of hearsay evidence is clearly established federal law).

Tangorre v. Bratt

District Court, N.D. New York · Dec 4, 2024

"But in order to claim this immunity, the employees must prove two things: (1) that they are qualifying government officials for purposes of the Westfall Act, and (2) that the tortious conduct they purportedly engaged in … Here, the statements at issue were made outside of the workplace, when Defendant was off duty, in social settings, and not pursuant to any official policy or established procedure.

Connors v. Mills

34 F. Supp. 2d 795 · District Court, N.D. New York · Sep 24, 1998

Clearly then, Mrs. Connors could not get adequate relief if forced to go through the State administrative process. … To the contrary, they establish the validity of Plaintiffs argument. Neither Carter nor Burlington address the issue presented here.

Western Mohegan Tribe and Nation v. New York

100 F. Supp. 2d 122 · District Court, N.D. New York · May 25, 2000

The Island also fails to qualify as “tribal land,” which the statute defines in pertinent part as “all lands within the exterior boundaries of any Indian reservation.” § S001(15)(A). … Indeed, even if it was, the NHPA clearly contemplates a federal funding requirement. See 16 U.S.C. § 470 (w)(7).

Rai

District Court, N.D. New York · Aug 25, 2026

Salfi, 422 U.S. 749, 765 and it clearly states both incomes, SSDI and SSI, when just (1975). … Sovereign immunity is with the proper method for such review.

Kahmann v. Reno

967 F. Supp. 731 · District Court, N.D. New York · Jun 25, 1997

Federal Rule of Appellate Procedure clearly is inapplicable in this situation. … Although defendants qualify as civil contemnors, no sanctions will be imposed at this time.

Frierson v. Troy City School District

District Court, N.D. New York · Sep 27, 2021

After a series of motions and a qualified immunity appeal, most of Plaintiff's claims were dismissed. … immunity.

Ameduri v. Village of Frankfort

10 F. Supp. 3d 320 · District Court, N.D. New York · Mar 31, 2014

Herrman didn’t think it made any sense to proceed further with this part of his investigation when Conley’s statements were clearly supported by sworn testimony in the case file. … In certain circumstances, municipal nonfeasance — including the failure to train or supervise — can qualify as a “policy” sufficient for liability to attach. See Finch v.

Smith v. Johnson

District Court, N.D. New York · Jun 14, 2024

He is therefore immune from civil liability in this under COBRA is to notify the administrator of the qualifying case. … York is clearly improper.

Woods v. Chadwick

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

pre-approval); and (2) even setting aside the above-described ground for dismissal, Defendants are protected from liability as a matter of law with regard to Plaintiff’s First Amendment retaliation claim based on the doctrine of qualified … immunity, because a reasonable fact-finder would necessarily conclude that it was objectively reasonable for Defendants to believe that they were not violating Plaintiff’s First Amendment rights by enforcing the facility

Copes v. State University of New York

District Court, N.D. New York · Jun 1, 2022

entity for purposes of sovereign immunity); see Drehmer v. New York State, 20-CV-6143, 2020 WL 6205690, at *4 (W.D.N.Y. … Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (“It is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect.”

Swimelar v. McGuire

District Court, N.D. New York · Aug 1, 2023

In short, the trustee has not “clearly identified the kind of controlling authority from our own Circuit that might confirm the bankruptcy court committed legal error, and an independent review of the matter reveals … While those cases sided with the majority view of this issue, the appellant has not established that the minority view is equivalent to legal error. Accordingly, the June 24 MDO will be affirmed.

J.G.B. Enterprises, Inc. v. United States

921 F. Supp. 91 · District Court, N.D. New York · Apr 12, 1996

At a meeting on September 6,1994, a regional committee of the SBA reviewed the industrial specialist’s investigation and concluded that Alpine was qualified to perform the ATCOM contract. … An established manufacturer must show that it has plant, equipment and personnel to manufacture contract items. 48 C.F.R. § 22.606 -l(a)(l)(ii).

Quinones v. City of Binghamton

District Court, N.D. New York · Aug 11, 2020

In 2018, Quinones, who “is the most qualified candidate on the list for [c]aptain,” was “passed over,” and a Caucasian male in the police department, who “was clearly less qualified than [Quinones] in that he had none … Sept. 6, 2006) (“To establish a causal relationship between protected activity and adverse employer conduct, a plaintiff must, at a minimum, introduce evidence that the protected activity in question occurred before

Robbins v. New York Corn & Soybean Growers Ass'n

244 F. Supp. 3d 300 · District Court, N.D. New York · Mar 21, 2017

This Act also established a United Soybean Board (USB), which'decides how the assessments will be invested. See id. § 6304(b)-(f). … The assessments are collected by a Qualified State Soybean Board, which the Act defines as “a [s]tate soybean promotion entity that is authorized by [sjtate law.” Id. § 6302(14).

Hill v. NY State Fund Ins.

District Court, N.D. New York · Nov 16, 2021

LEGAL STANDARD GOVERNING INITIAL REVIEW OF A COMPLAINT Ordinarily, the finding that Plaintiff does not qualify for IFP status would end the Court’s discussion, and Plaintiff, in light of her pro se status … “Legal frivolity . . . occurs where ‘the claim is based on an indisputably meritless legal theory [such as] when either the claim lacks an arguable basis in law, or a dispositive defense clearly exists on the face of the

Popick v. Commissioner of Social Security

32 F. Supp. 3d 157 · District Court, N.D. New York · Mar 28, 2012

Plaintiff stated that he received a check for benefits from Social Security even though he was “not qualified.” (T at 22). … Gindes recommended that Plaintiff seek employment and described Plaintiffs prognosis as “[g]ood, given an absence of clearly debilitating psychiatric symptoms.” (T at 130).

Smith v. Davis

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

(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)(B). … A prima facie violation of Section 504 requires facts sufficient to establish that a plaintiff is a qualified individual with a disability, discriminated against by a public entity, and that such discrimination was due