Case law

Jones v. International Union of Operating Engineers

155 F. Supp. 3d 191 · District Court, N.D. New York · Dec 11, 2015

OCRRA also explained that the decision select Boardway clearly grew out of Article 20.2.B of the CBA, as Board-way had more seniority than the Plaintiff and was qualified. Id. at ¶ 38. … Plaintiff disputes that Boardway was qualified for the position. Plaintiffs Response at ¶ 9.

Estate of Loveria v. Portadam, Inc.

850 F. Supp. 2d 354 · District Court, N.D. New York · May 25, 2010

Although defendants’ conduct in knowingly exposing plaintiffs to asbestos clearly amounts to deliberately taking risks with employees’ health, as we have observed heretofore the mere knowledge and appreciation of a risk — … Plaintiff attaches the affidavit of an expert, Michael Pitely, to establish that OSHA regulations had been “subverted or unenforced by Portadam at the job site.”

United States Fidelity & Guaranty Co. v. DJF Realty & Suppliers, Inc.

58 B.R. 1008 · District Court, N.D. New York · Apr 3, 1986

Further, as discussed in more detail below, the record clearly established that there were numerous reasons why USF & G would want to instigate an involuntary proceeding. … Because the court finds that USF & G does qualify, there are a sufficient number of petitioning creditors, even without TSM.

Ashworth

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

The amended complaint uses the label “deliberate the right was clearly established, which is a prerequisite indifference” in reference to Turczyn's municipal liability to qualified immunity, see Harlow v. … because no precedent clearly established A.

Andrulonis v. United States

724 F. Supp. 1421 · District Court, N.D. New York · Dec 15, 1989

The evidence at trial clearly established that Andrulonis, like Debbie, was aware that the Uni-Glatt machine was not airtight and that the machine was not operated within a physical containment system during any of the experiments … There is no indication that an individual holding the position of Senior Bacteriologist (Virology) with NYSDOH in 1977 was qualified to independently establish what safety measure should be taken with regard to a particular

Rounseville v. Zahl

819 F. Supp. 1148 · District Court, N.D. New York · Apr 15, 1993

Section 1983 Claim It is axiomatic that to be entitled to *1157 relief pursuant to 42 U.S.C. § 1983 , 3 plaintiffs must establish (1) that they were deprived of a right, privilege, or immunity secured by the Constitution … Defendants’ actions clearly demonstrate their active participation in the commencement of criminal proceedings against plaintiffs, and thus the first element of plaintiffs’ prima facie case of malicious prosecution is established

Sheerin v. New York State Division of Substance Abuse Services

844 F. Supp. 909 · District Court, N.D. New York · Feb 25, 1994

That is, the plaintiff may establish a prima facie case of age discrimination either by indirect evidence showing: “(1) that he was within the protected age group; (2) that he was qualified for the job; (3) that he was discharged … Although the Second Circuit has not ruled whether a state’s Eleventh Amendment immunity has been abdicated pursuant to the ADEA, it has recently held that Congress did abdicate state’s immunity under the Fair Labor Standards

Jarvis

District Court, N.D. New York · Apr 2, 2026

Finally, qualified immunity provides a third independent basis to dismiss Plaintiff's procedural due process claim. … The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Mulqueen v. Herkimer County

District Court, N.D. New York · Jul 25, 2025

Public officials are entitled to qualified immunity on a § 1983 claim “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time … The Court agrees with Madia and finds that he is entitled to qualified immunity as a matter of law because the unlawfulness of Madia’s conduct was not clearly established on June 18, 2022.

Scaccia v. Stamp

700 F. Supp. 2d 219 · District Court, N.D. New York · Mar 31, 2010

Establish a Supervising Committee in the second semester. 3. Take a Qualifying Examination by the end of the second semester. 4. … Plaintiff also refers to portions of the Department Handbook attached to the affidavit of defendant Murrish which clearly states “M.A. students are only Ph.D. track until they pass their qualifying exams after which they

Adams v. Annucci

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

Defendant argues in his second objection that he is entitled to qualified immunity. See Dkt. No. 42 at 17-18. … Magistrate Judge Lovric found that Defendant was not entitled to qualified immunity, noting that this Court is bound by the Second Circuit's decision denying qualified immunity to a party under the same set of facts and

Evac, LlC v. Pataki

89 F. Supp. 2d 250 · District Court, N.D. New York · Mar 3, 2000

P. 12(b)(6) for failure to state a claim and/or qualified immunity. Evac cross-moves pursuant to Fed. R. Civ. … immunity.

K.I.

District Court, N.D. New York · Mar 2, 2026

, which may entitle them to qualified immunity." … Qualified Immunity In the alternative, State Defendants argue that they are entitled to qualified immunity. See Dkt. No. 19-2 at 24-28.

Cayuga Indian Nation of New York v. Village of Union Springs

390 F. Supp. 2d 203 · District Court, N.D. New York · Oct 5, 2005

in fee simple within the roughly 64,000 acre land claim area. 2 The genesis of this litigation was the Nation’s attempt to renovate certain property it purchased within the land claim area (“the Property”), including the establishment … The Supreme Court clearly expressed its concern about the disruptive effects of immunity from state and local zoning laws, even to the point of citing to this case as an example.

Hopkins v. City of Schenectady

District Court, N.D. New York · Mar 2, 2023

“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.” … “[C]ourts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by the prior case law, without resolving the more difficult question whether the purported right exists at all.”

Jackson v. Lyons Falls Pulp & Paper, Inc.

865 F. Supp. 87 · District Court, N.D. New York · Sep 7, 1994

In the ease at bar, defendant has clearly set forth a legitimate nondiseriminatory reason for plaintiffs discharge. … Clearly this describes an at-will employment relationship.

Gomez v. Cullen

District Court, N.D. New York · Jun 7, 2021

Qualified Immunity Defendants Cullen and Parkyn argue, in the alternative, that they are entitled to qualified immunity because the record establishes that their conduct “was objectively … As such, Defendant Cullen is entitled to qualified immunity.

Brown v. Fallon

District Court, N.D. New York · Sep 8, 2022

recommendation for an arrest on the qualified immunity side.” … The presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties.’” Id. (quoting Burns v.

Madore

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

Hicks, 533 U.S. 353, 373 (2001) (“There is no authority whatever for the proposition that absolute- and qualified-immunity defenses pertain to the court's jurisdiction[.]”). … Such orders qualify as judicial acts. Therefore, Judge Lawrence is entitled to absolute immunity for those acts.”).

Duffany v. Van Lare

373 F. Supp. 1060 · District Court, N.D. New York · May 22, 1973

The issuance of a permanent injunction ordering the State Commissioner of Social Services: (a). to establish or cause to be established by the Jefferson County Department of Social Services “a fee structure, which is adequate … or cause to be established a similar fee structure with reference to each local Welfare District throughout the State; (c) .