Case law

P.G. v. Jefferson County, New York

District Court, N.D. New York · May 17, 2023

Furthermore, if an injunction “is not clearly based on the merits, a court should not resolve the uncertainty in favor of a finding that plaintiff prevailed.” Id. (citation omitted). … This argument fails in light of well- established precedent.

Brown v. Rensselaer County Jail

District Court, N.D. New York · Jan 4, 2023

Similarly, 28 U.S.C. § 1915A(b) — arguable basis in law, or a dispositive defense directs a court to review any “complaint clearly exists on the face of the complaint.’ … No. 1) is established that a correctional facility, such GRANTED; and it is further as the Clinton County Jail, cannot be independently sued because it is not a distinct ORDERED that the clerk

Laporte v. Sullivan

District Court, N.D. New York · Sep 15, 2025

the “irregularities” in the review process “when combined with [the principal’s] alleged remarks,” which were “made during a single school year” before the employment decision; “by the de facto decisionmaker;” “clearly … suggest[ing] racial bias,” were “sufficient to establish a prima facie case of discrimination.”

Brennan v. Roman Catholic Diocese of Syracuse New York, Inc.

965 F. Supp. 2d 234 · District Court, N.D. New York · Aug 14, 2013

In June of 2002, the United States Conference of Catholic Bishops established the Charter for the Protection of Children and Young People. 19. … A qualified professional counselor makes an initial assessment which is acceptable to the diocese. b. The assessment contains recommendations for length of counseling and treatment goals. c.

United States ex rel. Goldman v. Tod

3 F.2d 836 · District Court, N.D. New York · Jan 2, 1924

Until the alien was found lawfully qualified to enter under the Immigration Law, and did enter after sueh determination, he was subject to its provisions. … The Sejnensky Case is clearly distinguishable from the case at bar.

Cohen v. Arnot Health, Inc.

District Court, N.D. New York · Feb 1, 2024

To establish a prima facie case of discrimination under the ADEA, a plaintiff must show “(1) that she was within the protected group (more than forty years old); (2) that she was qualified for the position; (3) that she … The failure to hire an individual based on age discrimination is therefore clearly an adverse action contemplated by the statute.

Passino v. The City of Plattsburgh

District Court, N.D. New York · Jul 1, 2021

Judge Dancks’ decision should not be read to preclude qualified police experts generally. … Plaintiff's alleged intoxication when encountered by Defendants is clearly relevant to the facts at issue.

Canadian St. Regis v. State of New York

District Court, N.D. New York · Mar 14, 2022

Mar. 26, 2015) (holding that Sherrill “clearly distinguished between questions of right and questions of remedy”) (Kahn, J.). … In Gristede’s, defendant tribes needed to 17 establish the Montoya factors in order to establish sovereign immunity. Id. at *2—5.

Stewart Park and Reserve Coalition, Inc. v. Slater

358 F. Supp. 2d 83 · District Court, N.D. New York · Feb 25, 2005

Approximately 13 acres of wetland, 2 acres of open water and 1.37 acres of vernal pools [will be] established as mitigation for the discharge. … Defendants initially challenge this claim by stating that this is clearly not a 4(f) review issue but, rather, an environmental review issue, which had already been decided by the courts in their favor.

Croons v. New York State Office of Mental Health

18 F. Supp. 3d 193 · District Court, N.D. New York · May 12, 2014

This framework places the initial burden of establishing a prima facie case of discrimination on the plaintiff, who must demonstrate that: (1) he is a member of a protected class; (2) he was qualified for the position in … Clearly, Richardson’s affirmation is not based on any personal knowledge of the facts and circumstances surrounding Mr.

Rodriguez v. Monroe

District Court, N.D. New York · Sep 3, 2021

Bell and Sedlak) because of conflicting record evidence regarding whether they were personally involved in taking adverse action against Plaintiff because of his protected activity, and (4) Defendants are not entitled to qualified … immunity as a matter of law, because they presented conclusory arguments that are unsupported by facts.

Colon v. Davis

District Court, N.D. New York · Feb 1, 2024

Plaintiff must also clearly state the nature of the suit and the basis for this Court’s jurisdiction. … Wing, 167 who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). ER.D. 352, 355 (N.D.N.Y. 1996).

King v. O'Malley

District Court, N.D. New York · Sep 3, 2024

Again 11 to establish a medically determinable impairment, medical 12 evidence must establish anatomical, physiological, or 13 psychological abnormalities that can be shown by medically … In any event, it's 16 not -- it does not qualify as an opinion because it simply 17 says "may." Lisa A.S. v.

Benacquista v. Spratt

217 F. Supp. 3d 588 · District Court, N.D. New York · Nov 17, 2016

(2d Cir. 2001); see also Doe, 462 F.Supp.2d at 546 (observing that courts have dispensed with the “similarly situated group” requirement in cases where the “differential treatment of the target group could otherwise be clearly … Dist., 603 F.Supp.2d 509 , 519 & n.9 (E.D.N.Y. 2009) (collecting cases holding that “school districts and boards of education are municipal entities immune from punitive damages”).

Eggsware v. Carter

District Court, N.D. New York · Oct 13, 2022

“A claim is based on an indisputably meritless legal theory when either the claim lacks an arguable basis in law, or a dispositive defense clearly exists on the face of the complaint.” … relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).

Lau v. NYSARC Trust Service, Inc.

District Court, N.D. New York · Sep 28, 2020

at 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 … service establishment.”

Garrasi v. Selene Finance, LP

District Court, N.D. New York · Sep 11, 2019

Section 2605 of the RESPA requires a loan servicer to provide a written response to a borrower's qualified written request. See 12 U.S.C. § 2605(e). … The qualified written request must be related to "the servicing of [the] loan." 12 U.S.C. § 2605(e)(1)(A)-(B).

Lopez v. The YWCA of North East New York

District Court, N.D. New York · Feb 27, 2025

action for “‘the deprivation of any rights, privileges, or immunities secured by the Constitution and laws’ of the United States.” … Disability Discrimination “To establish a prima facie violation” under the ADA or Rehabilitation Act, “it must be shown that: (1) the plaintiff is a qualified individual with a disability; (2

Whitbeck

District Court, N.D. New York · Oct 20, 2025

A plaintiff can establish the existence of an official policy or custom through “(1) a formal policy endorsed by the municipality; (2) actions directed by the government’s authorized decisionmakers or those who establish … Id. at 9-11.3 “To establish a violation of the ADA, the plaintiff must demonstrate (1) that she is a ‘qualified individual’ with a disability; (2) that the defendants are subject to the ADA; and (3) that she was denied

Jolly v. Excelsior College

District Court, N.D. New York · Jul 2, 2020

State Univ. of N.Y., 900 F.2d 587, 594 (2d Cir. 1990) (noting that state universities are "an integral part of the government of the State" and entitled to Eleventh Amendment immunity). … due process claim, plaintiff would have to establish either a liberty or property interest protected by the Due Process Clause of the Fourteenth Amendment, and that existing state procedures designed to protect her liberty