Case law

Murtaugh v. New York

810 F. Supp. 2d 446 · District Court, N.D. New York · Aug 16, 2011

that New York State waived its sovereign immunity; (6) individual State Defendants are entitled to qualified immunity because their actions did not violate any clearly established rights, and were not objectively unreasonable … waived its sovereign immunity; (3) Defendants Conlon, Brazell, and Leary are entitled to qualified immunity because their actions did not violate any clearly established rights, and were not objectively unreasonable, in

Donhauser v. Goord

314 F. Supp. 2d 119 · District Court, N.D. New York · Apr 15, 2004

Qualified Immunity In their motion to dismiss, defendants have also asserted the defense of qualified immunity. … “Qualified immunity shields [State employees] from personal liability for damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Niles v. Nelson

72 F. Supp. 2d 13 · District Court, N.D. New York · Oct 25, 1999

Qualified Immunity Defendants have moved to dismiss the Title IX claims against them on the ground that they are entitled to qualified immunity. … claims against the individual Defendants to which the qualified immunity analysis applies. 5 G.

Gross v. United States Small Business Administration

669 F. Supp. 50 · District Court, N.D. New York · Aug 12, 1987

Legitimate Reasons for Plaintiffs Denial Even if the court were to determine that plaintiff had established her prima facie case, the defendants have clearly met their burden of articulating legitimate, nondiscriminatory … Garlock admitted, however, that such a conclusion assumed that the plaintiff was in fact qualified for a loan.

Dollinger v. State Insurance Fund

44 F. Supp. 2d 467 · District Court, N.D. New York · Apr 19, 1999

To establish a prima facie case of “association discrimination” under the ADA, 42 U.S.C. § 12112 (b)(4), a plaintiff must demonstrate the following: “(1) the plaintiff was ‘qualified’ for the job at the time of the adverse … Plaintiffs internal reporting of defendants’ alleged discrimination and subsequent filing of a complaint with both the DHR and EEOC clearly fall within the purview of protected activity. See Talanda v.

Gonzalez v. New York State Department of Correctional Services Fishkill Correctional Facility

122 F. Supp. 2d 335 · District Court, N.D. New York · Nov 29, 2000

Qualified Immunity Next, Defendants contend that they are entitled to qualified immunity because the Complaint fails to allege a clearly established right alleged to have been violated. … Contrary to Defendants’ assertion, freedom from discrimination on account of gender and race, which are plainly alleged in the Complaint, are clearly established rights.

Fox v. Board of Trustees of the State University

148 F.R.D. 474 · District Court, N.D. New York · May 7, 1993

Without engaging in an extensive discussion of qualified immunity, the court opines that, assuming arguendo that defendants had properly asserted a qualified immunity defense, in all likelihood, they would be entitled to … clearly established rights of which a reasonable person would have known.’ ”).

FELIX-TORRES v. Graham

687 F. Supp. 2d 38 · District Court, N.D. New York · Oct 23, 2009

Qualified Immunity Defendants also contend that they are entitled to qualified immunity. … However, even if the constitutional privileges “are clearly established, a government actor may still be shielded by qualified immunity if it was objectively reasonable for the ... official to believe that his [or her] acts

Kassim v. City of Schenectady

255 F. Supp. 2d 32 · District Court, N.D. New York · Apr 3, 2003

Qualified Immunity Defendants, in their moving papers, also assert on Brockbank’s behalf the defense of qualified immunity for his actions. (See Defendants’ Memorandum of Law, Docket No. 17). … The defense of qualified immunity, not properly raised in defendants’ answer, is considered waived and unavailable. IV.

Dawes v. D.S.P. Carpenter

899 F. Supp. 892 · District Court, N.D. New York · Jun 21, 1995

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), an official is immune from Section 1983 liability if the official’s conduct does not violate clearly established statutory or constitutional rights … First, they maintain that qualified immunity shields them from liability.

Hayut v. State University of New York

127 F. Supp. 2d 333 · District Court, N.D. New York · Dec 18, 2000

Eleventh Amendment Immunity and Qualified Immunity The SUNY defendants argue that plaintiffs state law claims are barred by the Eleventh Amendment as to SUNY and SUNY-New Paltz, and by qualified immunity as to the individual … Accordingly, at this stage of the litigation, the individual SUNY defendants must not be dismissed on the basis of qualified immunity. 2.

Pacheco v. Comisse

897 F. Supp. 671 · District Court, N.D. New York · Aug 29, 1995

Nor is the defense of qualified immunity available to Mann. Under Harlow v. … Nor is Coughlin protected by qualified immunity. In Cecere v.

Jackson v. New York State

381 F. Supp. 2d 80 · District Court, N.D. New York · Aug 11, 2005

Qualified Immunity: A defendant presenting an immunity defense on a Rule 12(b)(6) motion instead of a motion for summary judgment must accept the more stringent standard applicable to this procedural route. … Qualified immunity is available only if the defendant’s actions were objectively reasonable under the legal rules that were clearly applicable at the time of his actions. Harlow v.

Agritronics Corp. v. National Dairy Herd Ass'n

914 F. Supp. 814 · District Court, N.D. New York · Feb 1, 1996

State Action Immunity The Supreme Court has clearly established the requirements for antitrust immunity under the “state action” doctrine. In Parker v. … The Court first finds that Nat’l DHIA qualifies as a “cooperative association of dairymen” under N.Y.Bus.Law 340(3).

Adler v. Pataki

204 F. Supp. 2d 384 · District Court, N.D. New York · May 10, 2002

immunity. … The Law Department Defendants acknowledge that qualified immunity does not shield them from actions for declaratory or injunctive relief.

Whittington v. Board of Elections

320 F. Supp. 889 · District Court, N.D. New York · Dec 8, 1970

constitute a de facto “ [deliberate and selective disenfranchisement” 4 of students in violation of plaintiffs’ right to equal protection of the laws, due process of the. law, freedom of movement and travel, privileges and immunities … The New York Courts have given life to this principle by ordering the registration of students who have established the requisite qualifications. See Robbins v.

Lipinski v. Skinner

781 F. Supp. 131 · District Court, N.D. New York · Dec 9, 1991

Additionally, Binghamton Press seeks qualified immunity under N.Y. … Qualified Immunity Section 79-h(c) of the New York Civil Rights Law provides professional journalists with qualified protection from contempt for refusing to disclose nonconfidential news.

Finigan v. Marshall

473 F. Supp. 2d 348 · District Court, N.D. New York · Feb 9, 2007

immunity doctrine. … immunity.

Cipolla v. County of Rensselaer

113 F. Supp. 2d 305 · District Court, N.D. New York · Sep 14, 2000

The fact that Ehring is a prosecutor, however, does not immediately qualify him for abso *316 lute immunity. … Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), or whether Defendants are entitled to qualified immunity.

Stevens v. City of Oneonta

District Court, N.D. New York · Jul 31, 2024

Because Plaintiff cannot establish as a matter of law or raise a dispute of fact as to whether he has a qualifying disability under the ADA, the Court must dismiss his ADA claim. … establish a disability discrimination claim."