Case law

Coley v. Garland

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

immunity. … It also demonstrates that he clearly understood DOCCS’ inmate grievance policy and could navigate it when he wished to pursue a grievance.

Friedlander v. Doherty

851 F. Supp. 515 · District Court, N.D. New York · May 12, 1994

Because Doherty’s withdrawal of funds from the Pension Plan clearly does not constitute an administrative expense, the court treats his April 23, 1990 withdrawal of funds as a pre-petition debt for purposes of determining … The aim of Congress in enacting ERISA was to create a comprehensive regulatory and remedial scheme to protect the interests of participants in employee benefit plans and their beneficiaries ... by establishing standards of

Glover v. Onondaga County Sheriff's Department

District Court, N.D. New York · Feb 22, 2024

of Ex parte Young) by naming a policymaking official in a way that evades an immunity bar (such as a state’s sovereign immunity). … Even assuming otherwise, qualified immunity would still pose a bar to this claim.

Mobil Oil Corp. v. Department of Energy

102 F.R.D. 1 · District Court, N.D. New York · Apr 18, 1983

WORK PRODUCT PRIVILEGE The work product privilege, first established in Hickman v. … Mobil argues that DOE has failed to establish that the withheld documents were, prepared in anticipation of litigation.

Barbosa

District Court, N.D. New York · Jan 23, 2026

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. … To establish diversity jurisdiction, diversity between all plaintiffs and all defendants must be complete. See Cushing v. Moore, 970 F.2d 1103, 1106 (2d Cir. 1992).

Aktas v. JMC Development Co.

877 F. Supp. 2d 1 · District Court, N.D. New York · Jun 28, 2012

Despite these inconsistencies, the record clearly establishes that plaintiffs and Villar knew that JMC was represented by counsel when the destruction commenced. … While Villar admittedly failed to notify defendants of the impending destruction, the record clearly establishes that even after receiving Villar’s letter, defendants did not pursue a site inspection.

Hendricks v. Urban & Economic Development

District Court, N.D. New York · May 26, 2023

(2)(B), the Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … Title II of the ADA states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a

Scotlandshop USA, Inc. v. US Citizenship and Immigration Services

District Court, N.D. New York · Dec 17, 2024

The Court agrees that nothing in the cited petition clearly shows that Plaintiff White was seeking a visa specifically as an executive (as opposed to as a manager). … job duties,” and, as a result, she had not established that she had been employed abroad in a position that was executive.

Swinea v. Peters

District Court, N.D. New York · May 22, 2025

Further, plaintiffs claims against Elizabeth Walsh and Katherine Hicks Demps are barred by judicial immunity. … “Judicial immunity applies even when the judge is accused of acting maliciously or corruptly.” Id. (citation omitted).

White v. Schmidt

District Court, N.D. New York · Aug 30, 2021

Spota is immune from suit based on the doctrine of prosecutorial immunity. (White II, Dkt. No. 7.) II. … His conviction conclusively establishes the facts underlying this action, which is based on the same transactions as his criminal convictions. . . .

Laprease v. Raymours Furniture Company

315 F. Supp. 716 · District Court, N.D. New York · Jul 29, 1970

The Fourth Amendment question that is present in these cases is clearly a “right or immunity [involving] personal liberty, not dependent for its existence upon the infringement of property rights.” Eisen v. … The plaintiff in such a case has established no entitlement, except such as he has unilaterally declared unto himself.

Giano v. Selsky

37 F. Supp. 2d 162 · District Court, N.D. New York · Feb 16, 1999

6) grounds: (1) Giano has failed to show that his period of confinement imposed an atypical and significant hardship; (2) the procedures Defendants followed afforded Giano all the process he was due; (3) Defendants have qualified … immunity; (4) the evidence was sufficient to sustain the decision to place and maintain Giano in segregated confinement; (5) Giano is precluded from bringing this action because, if he is successful, such a holding would

Quinones v. City of Binghamton

District Court, N.D. New York · Jan 5, 2022

In particular, and most importantly to his claim, Quinones asserts that he was “passed over” for a promotion to Captain in 2018 for “a Caucasian who was clearly less qualified.” (Id. ¶ 21.) … candidate on the list”; and that he was passed over for the promotion in favor of “a Caucasian who was clearly less qualified . . . in that he had none of [those] credentials and . . . had lower test scores.”

Luhr v. Planned Parenthood

District Court, N.D. New York · Sep 8, 2021

Following review of plaintiffs IFP application, dkt. no. 2., the Court concludes that plaintiff financially qualifies to proceed IFP for the purposes of filing.! … Having concluded that the complaint fails to establish that this Court has subject matter jurisdiction over plaintiffs complaints, the case must be dismissed.

Rivas v. New York Lottery

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

“It is well- established that New York has not consented to § 1983 suits in federal court, and that § 1983 was not intended to override a state’s sovereign immunity.” Mamot v. Bd. of Regents, 367 F. … Dismissal may be appropriate, however, “where the complaint facially shows noncompliance with the limitations period and the affirmative defense clearly appears on the face of the pleading.’” In re S.

Bennice v. CosmoProf

District Court, N.D. New York · Feb 8, 2024

, in a matter where his interest is concerned,” including statements to law enforcement, are immune from liability. … While no privilege extends to the second set of statements made to customers, a qualified privilege does extend to the statements made to the Sheriff’s Department.

Disability Rights New York v. New York State Dep't of Corr. and Cmty. Supervision; and Anthony J. Annucci, in his official capacity as the Acting Comm'r of the New York State Dep't of Corr. and Cmty. Supervision

District Court, N.D. New York · Sep 10, 2026

A state that receives federal funds under the DD Act must establish a Protection and Advocacy (“P&A”) System for persons with disabilities. 3. … 320 F.3d 1107, 1109-13 (10th Cir. 2003) (acknowledging the potential conflict between the PHSA's privacy protections and Congress' intent to empower P & A's in the PAMII Act, but finding that an emergency room did not qualify

Phipps v. Northern Rivers

District Court, N.D. New York · Mar 29, 2022

After reviewing plaintiffs IFP application, the Court concludes that plaintiff financially qualifies to proceed IFP for the purpose of filing only. … any time if the court determines that ... the action or appeal (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

Gainer v. Commissioner of Social Security

District Court, N.D. New York · Mar 21, 2024

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. … (immune system), specifically 14.02 (systemic lupus erythematosus) of the Listing of Impairments.” Id.

Dearstyne v. Mazzuca

48 F. Supp. 3d 222 · District Court, N.D. New York · Mar 3, 2011

For the reasons that follow, this Court finds that Petitioner has established that the Appellate Division’s ruling was an unreasonable application of clearly established Supreme Court law. … Plainly, the trial court’s suppression ruling was contrary to clearly established Supreme Court precedent.