Case law

Brady v. Dammer

573 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.

Step by Step, Inc. v. City of Ogdensburg

176 F. Supp. 3d 112 · District Court, N.D. New York · Apr 5, 2016

Standing 3 The City contends that SBS-has failed to establish standing because plaintiff failed to allege any facts to support the conclusion that the prospective users or residents of the Site qualify for protection under … This theory of standing permits an entity to “file suit on its own behalf ‘to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.’ ” Irish Lesbian &

Ballard v. Dutton

District Court, N.D. New York · Feb 28, 2023

Qualified Immunity In the Motion to Dismiss, Defendant also argues that Plaintiff’s Eighth Amendment claim pursuant to Bivens should be dismissed on the basis of qualified immunity … While “federal officials’ claims of qualified immunity should be decided as early as possible in a case” the Second Circuit has stated that “qualified immunity is often best decided on a motion for summary judgment when

Connell

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

Accordingly, Defendants fail to meet their burden of establishing an entitlement to qualified immunity, and their motion is denied in this regard. See Shechter v. … Apr. 26, 1996) (finding that a “cursory analysis of qualified immunity clearly fails to meet defendants’ burden of proof on the affirmative defense”); Murray v.

Flagg v. N.Y.S. Division of Parole

District Court, N.D. New York · Sep 21, 2020

Qualified Immunity P.O. Saben also asserts that he is entitled to qualified immunity on any claims that the Court does not dismiss. P.O. … Saben “enjoys a qualified immunity that shields [him] from personal liability for damages under § 1983 insofar as [his] ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Robinson v. Town of Colonie

878 F. Supp. 387 · District Court, N.D. New York · Mar 2, 1995

What is disputed, however, is whether these officers deprived plaintiffs of any federal rights and, if such deprivation did occur, whether these officers are shielded from suit by the doctrine of qualified immunity. … Qualified Immunity Having concluded that the defendant police officers did not violate any of plaintiffs’ constitutional rights, there is no need for the court to address the defense of qualified immunity. 6.

Golub v. Coughlin

885 F. Supp. 42 · District Court, N.D. New York · Mar 21, 1995

Defendant Donald Selsky had upheld the determination made at that hearing, finding that it was “conducted in accordance with established procedures.” Id. … The defendants in that case based their motion for summary judgment on that absence of law and the qualified immunity against section 1983 liability provided where the state officials “did not violate ‘clearly established

Amidon v. Student Ass'n of the State University

399 F. Supp. 2d 136 · District Court, N.D. New York · Nov 7, 2005

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … Thereafter, defendants argue that if they are subject to such liability, then they are immune from suit based on Eleventh Amendment immunity.

Ahern v. State of NY

807 F. Supp. 919 · District Court, N.D. New York · Dec 8, 1992

Because the regulation is written in the conjunctive, an employer must establish that an employee meets each of the requirements before the employer is entitled to claim the exemption. … Clearly, “the concept of ‘production’ in 29 C.F.R. § 541.205 (a)’s administrative/productive work dichotomy is not to be *926 understood as covering only work involving the manufacture of tangibles.”

Raymond v. Bunch

136 F. Supp. 2d 71 · District Court, N.D. New York · Apr 11, 2001

These facts clearly support the reasonable conclusion that Raymond was under the influence of alcohol at the time Ofr. … Defendants have also argued that they are entitled to qualified immunity for their actions in the instant case.

Wheeler v. Bank of New York Mellon

256 F. Supp. 3d 205 · District Court, N.D. New York · Jun 14, 2017

BNY also argues that Wheeler’s Title VII failure-to-promote claim must be dismissed because her Complaint “fails to plead sufficient facts to -establish that she was qualified for any position she did not receive ... or that … To establish a prima facie failure-to-promote *217 case under the ADEA, “a plaintiff must show that he was a member of a protected class, that he was qualified for the job for which he applied, that he was denied the job

Shaul v. Cherry Valley-Springfield Central School District

218 F. Supp. 2d 266 · District Court, N.D. New York · Aug 20, 2002

As to plaintiffs second claim, Superintendent Marzeski, Principal Strange, and Principal Culbert argue that they are entitled to qualified immunity. … The individual defendants also claim they are entitled to qualified immunity. This argument is not reached since plaintiff's first cause of action has been dismissed.

Austin v. Cornell University

891 F. Supp. 740 · District Court, N.D. New York · Jul 20, 1995

Unlawful Refusal to Hire Defendants next contend that plaintiffs failed to establish a prima facie case of unlawful refusal to hire because Austin and McPeak were not qualified for the 1993 ranger positions. … The letters in the record clearly show that plaintiffs’ counsel aimed to achieve a settlement, and counsel even proposed a settlement amount.

Markes v. United States

704 F. Supp. 337 · District Court, N.D. New York · Mar 28, 1988

Neither party has clearly delineated the scope of the authority delegated to these individuals. … Clearly, any decision concerning what types of safety devices were reasonably necessary would be protected by the exception.

Towns v. Stannard

District Court, N.D. New York · Dec 20, 2019

Tolan, 572 U.S. at 656. 19 The Court does not consider whether Defendants are entitled to qualified immunity for Plaintiff’s illegal detention claim because Defendants only raise qualified immunity with … Second, that “it is 20 The Second Circuit recently reminded that “[o]ut-of-circuit caselaw is relevant to the qualified immunity analysis only where the cases ‘clearly foreshadow a particular ruling on the issue.’”

Picinich v. United Parcel Service

321 F. Supp. 2d 485 · District Court, N.D. New York · Jun 15, 2004

These limitations clearly are not representative of those of an average person. … The foregoing functions are clearly outside the work restrictions set forth by Dr.

Spero v. Vestal Central School District

District Court, N.D. New York · Dec 16, 2019

that a right was clearly established. … “A qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

Scism v. City of Schenectady

District Court, N.D. New York · Sep 29, 2021

In any event, Defendants argue they are entitled to qualified immunity. … Therefore, the Court cannot say as a matter of law that that Kent and Ferris’s actions— even viewed in light most favorable to Plaintiff—violated clearly established law before Ferris fired his weapon.

McNeil v. Van Houten

District Court, N.D. New York · Jul 22, 2025

And that would entitle Kaih to qualified immunity. See Malik v. Mackey, 268 Fed. … Qualified Immunity Hodge and Daniel argue that they are shielded from Mr. Williams’ claims by qualified immunity. (ECF No. 38 at 14-15). Having determined that Mr.

Phillips v. DOCCS

District Court, N.D. New York · Sep 7, 2023

The Court notes that application of qualified immunity would effectively dispose of the instant case in Defendant's favor. … Accordingly, the Court will reserve judgment as to the application of qualified immunity.