Case law

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.”

New York Ex Rel. Spitzer v. County of Delaware

82 F. Supp. 2d 12 · District Court, N.D. New York · Feb 8, 2000

Auth.], 94 F.3d 808 , 811 [ (2d Cir.1996) ] (holding that plaintiffs are required to establish irreparable harm in ADA claim); see also Innovative Health Sys., [Inc. v. … Given, as discussed infra, that accessibility to polling places qualifies as a “service, program or activity,” the third element of the test is met.

Roth v. City of Syracuse

96 F. Supp. 2d 171 · District Court, N.D. New York · May 5, 2000

Plaintiffs’ counsel refers to the claims of abuse of process, equal protection, defamation and privileges and immunities as “unstated causes of action” but then argues that “such claims, if proven, would establish denial … “To have a property interest ... a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Hill v. LaClair

District Court, N.D. New York · May 11, 2020

Analysis Section 1983 establishes a cause of action for "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws" of the United … "In order to establish a prima facie violation under these acts, [an inmate] must show that 1) he is a qualified individual with a disability; 2) DOCCS is an entity subject to the acts; and 3) he was denied the opportunity

Zielinski v. Annucci

District Court, N.D. New York · Mar 26, 2021

with a qualified immunity analysis. … Finally, it would provide similar benefits with regard to Defendants’ admittedly “terse” qualified-immunity argument, to the extent it purportedly still applies to this claim.

Tucker v. County of Jefferson

110 F. Supp. 2d 117 · District Court, N.D. New York · Aug 24, 2000

Alternatively, Defendants argue that they are entitled to qualified immunity because they reasonably relied upon a warrant that was valid on its face. … State authority, however, clearly empowered them to execute warrants at the location at issue in this search....

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.

Pollara v. Seymour

206 F. Supp. 2d 333 · District Court, N.D. New York · May 30, 2002

When displayed in court, it was crumpled and clearly had sustained damage. Pollara suffered no form of financial or professional injury in connection with the déstruction of her mural. … Defendant also asserted *336 the defense of qualified immunity, arguing that the proof did not demonstrate that he did anything but execute ordinary duties in good faith.

Sposato v. Carey

District Court, N.D. New York · Feb 15, 2024

The Court agrees with Judge Baxter that “[r]egardless of whether the plaintiff actually identifies with this group of individuals, his lengthy pleadings clearly establish his disregard for various state and local laws.” … As Judge Baxter stated, “[w]hen a pro se plaintiff qualifies to proceed IFP, the court ‘shall dismiss a case at any time if the court determines’ that the action is ‘(i) frivolous or malicious; (ii) fails to state a claim

Peterson v. Lindstrand

District Court, N.D. New York · Feb 13, 2023

immunity protected (a) Defendants Miller and Venettozzi, and (b) Defendant Lindstarnd. … No. 72, at 6-16.)5 Fourth, the Court rejects Plaintiff’s fifth argument (challenging Magistrate Judge Stewart’s findings regarding qualified immunity) as conclusory

Hellwig v. County of Saratoga

District Court, N.D. New York · Aug 13, 2024

Qualified Immunity Defendant Mr. Kusnierz argues that he is entitled to qualified immunity because his actions in voting for Mr. … Since factual issues remain that bear on the qualified immunity analysis, qualified immunity is precluded at this stage. Taravella v.

Herman Lute Woods, II, Estate v. Dewitt Town Court, et al.

District Court, N.D. New York · Oct 24, 2025

A number of the Defendants named in this action are immune from suit under that statute, however. Under clearly established law, the Eleventh Amendment provides states immunity in federal court. Woods v. … “It is well-established that New York has not consented to § 1983 suits in federal court and that § 1983 was not intended to override a state’s sovereign immunity.” Mamot v. Bd. of Regents, 367 F.

Dittmann v. Ireco, Inc.

883 F. Supp. 807 · District Court, N.D. New York · Apr 25, 1995

ADEA Claim The plaintiff may establish a prima facie case of age discrimination 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 … Plaintiff was qualified for the new position, and the younger person eventually hired was apparently less qualified than the plaintiff.

Warburton v. County of Ulster

District Court, N.D. New York · Nov 13, 2020

immunity for the same reasons the Urgent Defendants are not entitled to qualified immunity. … immunity because it is not clearly established that damaging a door and its frame, without entry inside, is a Fourth Amendment violation.

V.W. ex rel. Williams v. Conway

236 F. Supp. 3d 554 · District Court, N.D. New York · Feb 22, 2017

Plaintiffs have clearly carried their burden on this element. As an initial matter, both the class and the subclass, even considered individually, exceed forty members. … First, their submissions clearly demonstrate that juveniles face an objectively sufficiently serious risk of harm from the solitary confinement practices at the Justice Center.

In Re Horizon Air, Inc.

156 B.R. 369 · District Court, N.D. New York · Jun 25, 1993

Clearly, the Federal Aviation Act and its regulations are rooted in the commerce clause and are the type of laws that Congress intended to have decided by Article III judges when it enacted the mandatory with provision. … In bankruptcy cases, a distinct and limited waiver of sovereign immunity is contained in 11 U.S.C. § 106 . • Section 106(c) provides, in pertinent part, that notwithstanding any assertion of sovereign immunity *375 (1) a

Upper Hudson Planned Parenthood, Inc. v. Doe

836 F. Supp. 939 · District Court, N.D. New York · Oct 18, 1993

In that respect, the Court reasoned, “[w]e said in Griffin that *950 the source of the animus requirement is ‘Lt]he language requiring intent to deprive of equal protection, or equal privileges and immunities,’ 403 U.S., … Here, UHPP is attempting to transform an ordinary tort — tortious interference with business — into a § 1985(3) conspiracy, and clearly Bray forbids that. Cf. Trautz v.

Hogan

District Court, N.D. New York · Jul 15, 2026

The trooper Defendants contest the probable cause and malice elements; they also raise qualified immunity.6 (Dkt. No. 17-1, at 10–24). … Finally, the trooper Defendants invoke qualified immunity. (Dkt. No. 17-1, at 10–15).

Rondout Valley Central School District v. Coneco Corp.

321 F. Supp. 2d 469 · District Court, N.D. New York · Jun 14, 2004

Defendants assert that Sansoucy is not qualified to provide expert testimony in this matter. Their arguments are made in the alternative. … Much of his experience or expertise, the Defendants surmise, clearly are not able to address the engineering elements relevant to this case.

Miller v. Primo

District Court, N.D. New York · Nov 14, 2023

immunity. … Thus, Plaintiff’s objection regarding immunity is without merit.