Case law

Pelchy v. United States

549 F. Supp. 2d 198 · District Court, N.D. New York · Mar 12, 2008

The government has moved to dismiss plaintiffs complaint on the ground that her claims are barred by sovereign immunity. … Substantive Law The FTCA is a limited waiver of the government’s sovereign immunity. It is well settled that “the United States, as sovereign, ‘is immune from suit save as it consents to be sued....’” United States v.

Kampfer v. Scullin

989 F. Supp. 194 · District Court, N.D. New York · Oct 6, 1997

Claims for Monetary Damages It is well established that claims against judges for monetary damages are barred by the doctrine of absolute judicial immunity. See Stump v. … Nothing could be more clearly within the judicial function than conducting motion practice associated with a case.

Mete v. NEW YORK STATE OMRDD

984 F. Supp. 125 · District Court, N.D. New York · Nov 6, 1997

Intent to Abrogate In determining whether Congress intended to abrogate the states' immunity, the court must find that Congress has clearly expressed its "intention to abrogate the Eleventh Amendment in unmistakable language … Accordingly, the court concludes that the first prong of the inquiry is answered in the affirmative with respect to the amendments to the ADEA because Congress clearly expressed its intent to abrogate the states' immunity

Seidman v. Colby

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

“Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “[CJourts may grant qualified immunity on the ground that a puported right was not ‘clearly established’ by the prior case law, without resolving the more difficult question whether the purported right exists at all.”

Evans

District Court, N.D. New York · Mar 31, 2026

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … The Court is therefore compelled to conclude that Lange is entitled to qualified immunity because there was no clearly established law that significant force 21

Connecticut Ex Rel. Blumenthal v. Crotty

180 F. Supp. 2d 392 · District Court, N.D. New York · Dec 13, 2001

Volovar, finding that the enforcement of § 13 — 0329(2)(a) violated the Commerce Clause, the Privileges and Immunities Clause, the Privileges or Immunities Clause, and the Equal Protection Clause. … Cahill, found that the individual Defendants were not entitled to qualified immunity. 2 See id. On November 5, 2001, Connecticut residents engaged in the lobstering trade, including Ms.

Aron v. Becker

48 F. Supp. 3d 347 · District Court, N.D. New York · Sep 22, 2014

Clearly, N.Y. … To establish a Title II ADA claim, a plaintiff must establish that (1) she is a “qualified individual with a disability,” (2) that the defendants are subject to the ADA, and (3) that she was “denied the opportunity to participate

Capital Telephone Co. v. City of Schenectady, NY

560 F. Supp. 207 · District Court, N.D. New York · Jan 20, 1983

However, plaintiff has not established the deprivation of any right, privilege or immunity secured to it by the Constitution or laws of the United States. … However, “government officials performing discretionary functions generally are shielded from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

MCI Telecommunications Corp. v. New York Telephone Co.

134 F. Supp. 2d 490 · District Court, N.D. New York · Mar 7, 2001

to address this issue have concluded that a state commission’s participation in the arbitration scheme established under the Act effectuates a nonverbal voluntary waiver of the state commission’s Eleventh Amendment immunity … Here, although possible, it is far from clear that RSMs qualify as "through lines” under N.Y. Pub. Serv. Law § 97 .

Martinez v. Republic of Cuba

221 F. Supp. 3d 276 · District Court, N.D. New York · Nov 21, 2016

The Comptroller argues that Ro-que’s conduct, while “despicable,” does not qualify as “torture” under the FSIA. Id at 10. … Since the tort of fraud and deceit under Florida law requires a showing of a false statement or misrepresentation made by a plaintiff, see Food Fair, Inc., 382 So.2d at 154 , it clearly falls under the exception for claims

B.A. ex rel. M.G. v. City of Schenectady School District

209 F. Supp. 3d 515 · District Court, N.D. New York · Sep 19, 2016

Since these § 1983 claims fail as a matter of law, it is therefore unnecessary to determine whether qualified immunity might also operate to shield defendants’ alleged conduct from liability. See Ctr. … Dist., 898 F.Supp.2d at 559 (“Without an underlying constitutional violation, qualified immunity cannot attach.”). The same is true regarding plaintiffs Monell claims. See Khan v.

Verdow v. Sutkowy

209 F.R.D. 309 · District Court, N.D. New York · Sep 11, 2002

The court finds that the claims of the representative plaintiffs are clearly typical of the claims of the class members. … of a right, privilege, or immunity secured by the Constitution or the laws of the United States.

Doe v. Coughlin

697 F. Supp. 1234 · District Court, N.D. New York · Oct 14, 1988

The weakening of the body’s immune system permits certain opportunistic diseases to further weaken the body. … Although he has not yet been transferred to D-2, Doe clearly has standing to maintain this action.

Hall v. Ruggeri

841 F. Supp. 484 · District Court, N.D. New York · Jan 18, 1994

Although most public officials are afforded only qualified immunity, some have been afforded absolute immunity. … The courts have limited absolute prosecutorial immunity to advocacy functions, reserving only qualified immunity for investigative and administrative functions. See Robison v. Via, 821 F.2d 913, 918 (2d Cir.1987).

First National Acceptance Co. v. City of Utica

26 F. Supp. 3d 185 · District Court, N.D. New York · Jun 16, 2014

The City also asserts that it is entitled to qualified immunity for the conduct about which Plaintiff complains. … “Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

K & a RADIOLOGIC TECHNOLOGY SERVICES, INC. v. Wing

13 F. Supp. 2d 264 · District Court, N.D. New York · Apr 1, 1998

The Plaintiffs clearly fall within the federal statutory and regulatory framework. … Under this Order, to receive the 20% co-insurance payments for the patients who were QMB qualified but not enrolled, the Plaintiffs will carry the burden of establishing that each patient did in fact meet the three QMB requirements

United States v. Markiewicz

732 F. Supp. 316 · District Court, N.D. New York · Mar 9, 1990

That court stated that Branzburg stands for the proposition that reporters do enjoy a qualified immunity before a criminal grand jury. See Pinkard v. Johnson, 118 F.R.D. 517, 520 (M.D.Ala.1987). … Yet a third breed conceives of Branzburg as indicating that reporters are not entitled to even a qualified immunity before a criminal grand jury. See, e.g., O’Neill v.

Niagara Mohawk Power Corp. v. Federal Energy Regulatory Commission

162 F. Supp. 2d 107 · District Court, N.D. New York · Aug 27, 2001

In 1981, Section 66-c was amended to require PSC to establish a minimum sales price for power purchased from state qualifying QFs of at least six cents per kilowatt hour (“kwH”). See N.Y.L.1981, ch. 843, § 9. … This argument is specious however, because if states are pre-empted from establishing QF contract rates above avoided costs, they clearly have no independent authority to do so.

Frazier v. Turning Stone Casino

254 F. Supp. 2d 295 · District Court, N.D. New York · Mar 31, 2003

It is well-established, however, that an Indian tribe is not a foreign state and that the Foreign Sovereign Immunity Act does not impair the immunity of Indian tribes. See Kiowa Tribe of Okla. v. Mfg. … This Court clearly lacks the authority to abrogate the long-recognized common-law immunity from suit that Indian tribes and tribal entities have enjoyed.

Oneida Indian Nation of NY v. City of Sherrill, NY

145 F. Supp. 2d 226 · District Court, N.D. New York · Jun 4, 2001

Accordingly, the trust land, which was validly set apart and subject to federal superintendence, “qualifie[d] as a reservation for tribal immunity purposes.” 12 Id. at 511 , 111 S.Ct. at 910 . … Again, Sherrill attempts to avoid the bar of sovereign immunity by framing the claim as one for unjust enrichment when in fact it is clearly for the collection of state sales tax.