Case law

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.

Gonzalez v. Delaware County

District Court, N.D. New York · Mar 31, 2020

Qualified Immunity In the alternative, Defendant claims that “even if [Defendant] did not have probable cause to arrest the plaintiff, he is entitled to qualified immunity because he had ‘arguable probable cause … Applicable Law Qualified immunity establishes a defense for a government actor acting in his official capacity. Malley v. Briggs, 475 U.S. 335, 341 (1986).

Vazquez Carbuccia v. State of New York

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

Eleventh Amendment Immunity “Under clearly established law, the Eleventh Amendment provides states immunity in federal court.” Johnson v. Fischer, No. 1:19-CV-1384 (TJM/DJS), 2020 WL 758964, at *2 (N.D.N.Y. … “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.

Canadian St. Regis Band of Mohawk Indians v. New York

573 F. Supp. 1530 · District Court, N.D. New York · Nov 4, 1983

. § 1983 , alleging the deprivation, under color of state law, of rights, privileges and immunities secured under the Constitution and laws of the United States. … any right to recovery and to establish standing to bring the suit.

Hall v. Dworkin

829 F. Supp. 1403 · District Court, N.D. New York · Jul 28, 1993

Furthermore, the court must look to the speaker’s motive “in analyzing whether the speech qualifies as a matter of public concern, i.e., whether the speech was calculated to disclose misconduct or dealt with only personal … Clearly, the NYSDEC is a state agency and therefore immune from suit under § 1983.

Triplett v. Ash

District Court, N.D. New York · Jun 23, 2020

Qualified Immunity To the extent that Defendants move for summary judgment for all Fourteenth Amendment claims based on the doctrine of qualified immunity, the Court will only … The Court agrees that this factual dispute renders qualified immunity to be inappropriate at this time. See, e.g., Haden v. Hellinger, No. 9:14-CV-0318, 2016 WL 8673144, *10 (N.D.N.Y.

St. Lawrence Explosives Corp. v. Worthy Bros. Pipeline Corp.

916 F. Supp. 187 · District Court, N.D. New York · Feb 26, 1996

To adopt a less strict standard of judicial review would be to undermine federal courts’ well-established deference to arbitration as a method of settling disputes. Id. … Moreover, respondent has failed to point out exactly which “well-defined, explicit, and clearly applicable” governing law has been contravened by the arbitrator and has also failed to establish that the arbitrator recognized

Shaffer

District Court, N.D. New York · Jan 23, 2026

detail, absolute immunity would extent to even this alleged Maxwell, Esq., Assistant District Attorney, in addition to the misconduct as such allegations clearly fall within … Since this conduct clearly 2024, Report-Recommendation and Order (Dkt.

Doe v. Syracuse School District

508 F. Supp. 333 · District Court, N.D. New York · Feb 26, 1981

Stobnicke found plaintiff to be physically and mentally qualified for the teaching position, subject only to a review after six months. … established in 1977 and are now promulgated in 45 C.F.R.

Hotaling v. Martuscello

District Court, N.D. New York · Sep 9, 2025

own standards for the certification of qualified retired law enforcement officers and that, under DOCCS’s standards, Plaintiff does not qualify for such a status since, at the time of his retirement, he was on administrative … Plaintiff brings this action pursuant to 42 U.S.C. § 1983, which establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States.”

In Re Megan-Racine Associates, Inc.

198 B.R. 650 · District Court, N.D. New York · Jul 12, 1996

ConEd limited the applicability of the rate established by Chapter 843 and Section 66-c(l) to qualified facilities. ConEd, 63 N.Y.2d at 438 , 483 N.Y.S.2d 153 , 472 N.E.2d 981 . … Although the omission of the words, “federally qualified facility” supplies a basis for reading the language as Megan, the FDIC, and Kraft urge, the phrase “the minimum sales price ... as established by chapter eight hundred

WIXT Television, Inc. v. Meredith Corp.

506 F. Supp. 1003 · District Court, N.D. New York · Dec 12, 1980

According to Newhouse, plaintiff has not established a conspiratorial “meeting of the minds” between Newhouse and Meredith. … There is a limit, however, to this immunity.

Whitehead III v. New York State

District Court, N.D. New York · May 8, 2025

Those actions clearly are the type of conduct covered by judicial ca] Immunity. The Court, therefore, recommends that the Amended Complaint be dismissed as to the parties identified as judges. … For these reasons, the Amended Complaint is clearly subject to dismissal.

Flores

District Court, N.D. New York · Dec 19, 2025

“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.

Fisher v. Rome Center LLC

District Court, N.D. New York · Nov 15, 2022

As Plaintiff correctly points out, Defendant clearly admits that grossly reckless conduct (by itself) is enough to satisfy the immunity exception. … The Court also finds that the circumstances of Defendant’s removal qualify as “unusual” within the meaning of Martin.

Phillips v. Saratoga Harness Racing, Inc.

233 F. Supp. 2d 361 · District Court, N.D. New York · Nov 4, 2002

Dehner is clearly distinguishable from the facts of this case. Most importantly, whereas Mr. … However, Plaintiff has failed to establish the absence of a dispute as to the facts that are material to the issue of the statutory fine and damages.

DuBois v. State of New York

966 F. Supp. 144 · District Court, N.D. New York · Jun 19, 1997

First, plaintiff alleges a Title VII violation insofar as defendant replaced her with an allegedly less qualified male employee. … Clearly, this allegation, if proven, would taint an otherwise unsullied reputation. See Wanamaker, 108 F.3d at 466 . Thus, plaintiff has pleaded facts sufficient to satisfy this element of her retaliation claim. c.

Wells

District Court, N.D. New York · Jun 24, 2026

Qualified Immunity Finally, the individual Defendants maintain that they are entitled to qualified immunity because “no clearly established law held that the restrictive conditions … The Court, therefore, recommends that the District Court deny and find moot Defendants’ argument for dismissal based on qualified immunity. IV.

United States v. State of NY

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

Empire State Restaurant & Tavern Ass'n v. New York State

360 F. Supp. 2d 454 · District Court, N.D. New York · Mar 17, 2005

Sovereign Immunity Defendants contend that the claims against all Defendants are barred by the Eleventh Amendment’s grant of sovereign immunity. … This is most clearly indicated by the fact that, although OHSA stated that the contaminants comprising environmental tobacco smoke rarely exceeded the PELs, the Secretary of Labor still considered it necessary to explore