Case law
Opinions from 1658 to today.
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Guarneri v. Schoharei County Dept of Socail Service
District Court, N.D. New York · Dec 21, 2021
The Complaint fails to allege a deprivation of federal rights established elsewhere. (See generally Dkt. No. 1.) … (“The law is well established that under the Eleventh Amendment to the United States Constitution, both the State of New York and its subdivisions are immune from [§1983] suits such as this.”).
Cited 0 timesUnknownHall v. Daka International, Inc.
949 F. Supp. 969 · District Court, N.D. New York · Dec 18, 1996
Thus she clearly falls within the protected group under the ADEA, which includes all persons over the age of 40. 29 U.S.C. § 631 (a). … This is clearly not the law under section 501 of ERISA.
Cited 4 timesPublished878 F. Supp. 377 · District Court, N.D. New York · Feb 15, 1995
Plaintiffs claims clearly are reasonably related to the allegations contained in his SDHR complaint, for the SDHR complaint did assert a disparate treatment claim. … Prima Facie Case of Discrimination To establish a prima facie case of discriminatory treatment on the basis of age, plaintiff must show that: 1) he belongs to a protected age group; 2) he was qualified for his position or
Cited 3 timesPublishedDistrict Court, N.D. New York · Apr 10, 2024
Qualified Immunity Even if probable cause did not exist, summary judgment is still warranted. … basis of qualified immunity.”
Cited 0 timesUnknownDistrict Court, N.D. New York · Oct 20, 2022
entitled to qualified immunity for for their actions. … defenses applicable to rights or clearly established law.
Cited 0 timesUnknownLevine v. New York State Police
District Court, N.D. New York · Jun 6, 2022
Wright, 386 F.3d 432, 434, 436 (2d Cir. 2004) (describing a defendant’s burden of establishing a qualified immunity defense in a Rule 12(b)(6) motion as a “formidable hurdle”); see also Ziemba v. … Sept. 17, 2013) (denying motion to dismiss on qualified immunity grounds where the defendant “only include[d] the legal standard for establishing qualified immunity and, in a conclusory manner, state[d] that the claims
Cited 0 timesUnknown359 F. Supp. 2d 234 · District Court, N.D. New York · Jan 25, 2005
To establish this point, we now turn to the HIPAA rules and regulations themselves. … We find the Defendants’ reliance on this case is clearly misplaced. The Fourth Circuit, in this case, was addressing the question whether HIPAA only regulated the electronic transmittal of medical information.
Cited 26 timesPublished374 F. Supp. 3d 213 · District Court, N.D. New York · Mar 20, 2019
This language clearly evinces the intent of the contracting parties that at least the underinsured motorist coverage portion of the policy be governed by Virginia law. … against an immune defendant shall be entered in the name of "Immune Defendant" and shall be enforceable against the insurer and any other nonimmune defendant as though it were entered in the actual name of the named immune
Cited 3 timesPublished228 F. 220 · District Court, N.D. New York · Nov 30, 1915
Clearly the letters were competent and pertinent evidence on that subject, and as clearly the court performed its duty in submitting them to the consideration of the jury and in' calling attention to the expressions relied … of the government, in substance said they had a tendency to establish such knowledge.
Cited 2 timesPublished668 F. Supp. 2d 344 · District Court, N.D. New York · Oct 19, 2009
immunity. … In view of the foregoing conclusions, I find it unnecessary to address defendants’ additional argument asserting qualified immunity.
Cited 8 timesPublished530 F. Supp. 1165 · District Court, N.D. New York · Jan 19, 1982
The issues of immunity and damages are to be determined later. 6 On January 11, this Court issued a Judgment-Order in favor of plaintiff. … Nor does his power to consent to withdrawals of resignations qualify as “meaningful imput.” In Ness v.
Cited 24 timesPublished167 F. Supp. 2d 517 · District Court, N.D. New York · Aug 21, 2001
There is no requirement under the Fourth Amendment that a police officer personally witness the conduct upon which he or she relies to establish the existence of probable cause. See Street v. … The defendant argues that he is entitled to qualified immunity for his actions in this case. Because this motion is decided on the merits of the plaintiff's claims, it is not necessary to decide this issue.
Cited 11 timesPublishedDistrict Court, N.D. New York · Mar 3, 2020
Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages … insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 0 timesUnknownDistrict Court, N.D. New York · Jul 26, 2023
Qualified Immunity Defense Defendants argue that even if they violated Plaintiffs’ constitutional rights, they are entitled to qualified immunity. … “Because the qualified immunity defense necessarily involves a fact-specific inquiry, ‘[i]t is generally premature to address the defense of qualified immunity in a motion to dismiss pursuant to [Rule] 12(b)(6).’”
Cited 0 timesUnknownDistrict Court, N.D. New York · Aug 22, 2019
Third, Plaintiff argues that a reasonable person in Defendant’s position would have understood that he was violating clearly established law and, thus, Defendant is not entitled to qualified immunity. (Id.) … Where a right is clearly established at the time conduct occurs, qualified immunity is not warranted. Id. at 113.
Cited 0 timesUnknownDistrict Court, N.D. New York · Jul 26, 2023
Qualified Immunity Defense Defendants argue that even if they violated Plaintiffs’ constitutional rights, they are entitled to qualified immunity. … “Because the qualified immunity defense necessarily involves a fact-specific inquiry, ‘[i]t is generally premature to address the defense of qualified immunity in a motion to dismiss pursuant to [Rule] 12(b)(6).’”
Cited 0 timesUnknownDistrict Court, N.D. New York · Aug 18, 2025
Qualified Immunity “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … This precludes summary judgment on qualified immunity. See Breen v.
Cited 0 timesUnknown165 F. Supp. 2d 253 · District Court, N.D. New York · Sep 20, 2001
Defendants’ attorney responded that section 9613(h) did provide the EPA such immunity. … Those portions of the River qualifying as a "PCB hotspot” had PCB concentrations of 50 parts per million or greater. 3 . EPA received over 70,000 written comments on the Reassessment FS. 4 .
Cited 3 timesPublished241 F. Supp. 3d 346 · District Court, N.D. New York · Mar 14, 2017
At the start of the 2014-15 school year, “Plaintiffs disability was clearly disclosed [and] documented on her physical examination forms.” (Id. at ¶ 20.) … immunity from such a claim (id. at 16-18); (6) Plaintiffs state-law claims must be dismissed because she failed to comply with the notice-of-claim requirements set forth in New York Educ.
Cited 4 timesPublished573 F. Supp. 2d 712 · District Court, N.D. New York · Aug 13, 2008
It is clearly established that when an action against a state for money damages is barred by the Eleventh Amendment, a suit against a state officer in his or her official capacity seeking money damages is likewise barred, … Each discrimination complaint and grievance is clearly intended to protect her own personal interests.
Cited 6 timesPublished
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