Case law

Marriott

District Court, N.D. New York · Aug 25, 2026

Qualified Immunity The Village Defendants have also requested that plaintiff’s claims against Sgt. Kopec be dismissed on the basis of qualified immunity. … conduct violated a federal right’ and (2) ‘whether the right in question was clearly established at the time of the violation.’”

United States v. New York

475 F. Supp. 1103 · District Court, N.D. New York · Sep 6, 1979

persons including 40 qualified blacks and Spanish-surnamed Americans and 24 qualified females. … The evidence, historical, statistical, and with regard to specific acts clearly establishes a prima facie case on a theory of disparate impact in connection with plaintiff’s claim of a pattern or practice of employment discrimination

Hines v. Department of Social Services Cayuga County

District Court, N.D. New York · Aug 12, 2025

Ryan, 25 F.3d 81, 83 (2d Cir. 1994), which are “protected only by qualified, rather than absolute, immunity,” Kalina v. … The “official who asserts absolute immunity from § 1983 shoulders the burden of establishing the existence of immunity for the function in question.”

Ramos v. Internal Revenue Service

351 F. Supp. 2d 5 · District Court, N.D. New York · Dec 28, 2004

For judicial review of administrative appeals, a decision “would be . an abuse, of discretion if it. were made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible … The IRS, as part of the United States government, is immune from suit, “except where [Cjongress, by specific statute, has waived sovereign immunity.” Liffiton v. Keuker, 850 F.2d 73, 77 (2d Cir. 1988).

Burns v. City of Utica

2 F. Supp. 3d 283 · District Court, N.D. New York · Feb 20, 2014

Clearly Defendant Knapp’s conduct vis-a-vis Plaintiff was not related to his duties as a firefighter. … Since the Court finds that Defendants Fata-ta and Festine did not violate Plaintiff’s constitutional rights, there is no need for the Court to address their argument that they are entitled to qualified immunity. .

Spadaro v. McKeon

693 F. Supp. 2d 183 · District Court, N.D. New York · Mar 15, 2010

Clearly, termination from employment is sufficiently adverse for the purpose of Title VII. Feingold, 366 F.3d at 152. … Defendants *188 apparently concede that Plaintiff, as a white female employee qualified for the position from which she was terminated; has established the first three prongs; but they dispute that she has met her burden

Francis v. City of Schenectady

District Court, N.D. New York · Sep 30, 2022

Qualified Immunity Defendants argue that Comley, Nelson, Ferris, Semione, Peters, Cieszynski, and Hoy are protected by qualified immunity. Defs.’ … “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable

Briggs v. Casey

District Court, N.D. New York · May 1, 2024

Qualified Immunity Even if probable cause did not exist, summary judgment is still warranted. … immunity.

Ogle v. Internal Revenue Service (In Re Agway, Inc.)

447 B.R. 91 · District Court, N.D. New York · Mar 8, 2011

The Liquidating Plan provided for establishment of the Liquidating Trust, and all of the bankruptcy estate’s assets were transferred to the Liquidating Trust. … Next the court found that the United States’ sovereign immunity was abrogated with regard to the pending issue.

Zdziebloski v. Town of East Greenbush, NY

101 F. Supp. 2d 70 · District Court, N.D. New York · Feb 23, 2000

Legislative Immunity Plaintiff has satisfactorily established that his amended complaint bases its claims on certain alleged actions by the Defendants that are colorably executive or administrative, and thus outside the scope … of their legislative immunity.

Ives v. Guilford Mills, Inc.

3 F. Supp. 2d 191 · District Court, N.D. New York · Mar 26, 1998

To defeat a qualified privilege, a plaintiff must prove that the defendant spoke with malice. … The current case is clearly distinguishable.

Pepe v. Walsh

31 F. Supp. 3d 441 · District Court, N.D. New York · May 24, 2012

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), which constitutes clearly established law on this point. … This argument is without merit as a matter of clearly- *499 established law. See Wood v.

Bowling v. Jamison

District Court, N.D. New York · Mar 17, 2020

immunity as a matter of law. … No. 1, at 4 [“‘Sargeant’ Vanarnald smash my face off the wall . . . .”].) 10 of law that was clearly established at the time.

Pajazetovic v. The City of Utica, New York

District Court, N.D. New York · Sep 27, 2021

Furthermore, Defendants argue that “the individual defendants are entitled to qualified immunity on all federal § 1983 claims and state claims.” … No. 31-1 at CM/ECF pp. 3-6, but presents no opposition to Defendants’ claim that Mahaffy is entitled to qualified immunity. See generally id.

Hone

District Court, N.D. New York · Aug 17, 2026

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for "'the deprivation of any rights, privileges, or immunities secured … Eleventh Amendment immunity is lost only if Congress unequivocally abrogates states' immunity or a state expressly consents to suit. Gollomp v. Spitzer, 568 F.3d 355, 365-66 (2d Cir. 2009).

Kinzer v. Harris

146 F. Supp. 2d 194 · District Court, N.D. New York · May 31, 2001

These undisputed facts clearly would give a reasonable police officer probable cause to arrest Kinzer for Criminal Possession of a Forged Instrument in the Second Degree. … Thus, defendant is not entitled to qualified immunity.

McInerney v. Rensselaer Polytechnic Institute

688 F. Supp. 2d 117 · District Court, N.D. New York · Feb 25, 2010

To establish a prima facie case under either statute, plaintiff must demonstrate the following elements: “(1) that plaintiff is a qualified individual with a *125 disability; (2) that the defendant is subject to one of the … Defendant claims that Jansen “clearly indicated that if plaintiff needed a break, he’d ask for it and he’d get it.”

DeMar v. Car-Freshner Corp.

49 F. Supp. 2d 84 · District Court, N.D. New York · Jan 14, 1999

Qualified Individual With a Disability Assuming, arguendo, that Plaintiff had a disability, he fails to establish that he is a “qualified individual with a disability.” … Accordingly, Plaintiff has also failed to establish a triable issue of fact whether he is a qualified individual with a disability. D.

Matter of Ross

18 B.R. 364 · District Court, N.D. New York · Feb 12, 1982

Clearly then, pension benefits are properly included in the § 541 estate. … The power of Congress to establish uniform laws on the subject of bankruptcy is plenary and unrestricted, International Shoe Co. v.

Flores

District Court, N.D. New York · Feb 5, 2026

“In determining whether or not a judge acted in the clear absence of all jurisdiction, the judge's jurisdiction is ‘to be construed broadly, and the asserted immunity will only be overcome when the judge clearly lacks jurisdiction … immunity.