Case law

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

Bowman v. CSX Transportation, Inc.

22 F. Supp. 3d 181 · District Court, N.D. New York · May 22, 2014

use of FMLA qualified leave.” … To establish a prima facie case of FMLA retaliation, a plaintiff must establish that: (1) “he exercised rights protected under the FMLA,” (2) “he was qualified for his position,” (3) “he suffered an adverse employment action

LeClair v. Vinson

District Court, N.D. New York · Jan 25, 2022

Finally, the Court denies Plaintiff’s request to bar Defendant from asserting a qualified immunity defense. (See Dkt. … Amendment violation based on a violation of the curtilage of his home, she will request special interrogatories for a qualified immunity defense.

Amidon v. STUDENT ASS'N. OF STATE UNIV. OF NEW YORK

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

Thereafter, defendants argue that if they are subject to such liability, then they are immune from suit based on Eleventh Amendment immunity. … COMP CODES R. & REG. tit. 8, § 302.14, which clearly makes it advisory.

Overmere v. Zalocki

District Court, N.D. New York · Dec 19, 2019

Qualified immunity Whether Defendant is entitled to qualified immunity depends on the resolution of the same factual disputes. … No. 31, is DENIED; and the Court further ORDERS that Defendant’s motion for summary judgment based on the defense of qualified immunity, see Dkt.

Toadflax Nursery, LLC v. County of Washington

District Court, N.D. New York · May 28, 2024

from liability as a matter of law by the doctrine of qualified immunity. … have known that their conduct, which was not unlawful, was in violation of a clearly established constitutional right.

Tanzini v. Marine Midland Bank, N.A.

952 F. Supp. 937 · District Court, N.D. New York · Jan 22, 1997

Clearly, Marine Midland went through some kind of decision process in determining to terminate Tanzini over the other eighteen branch managers. … This is clearly not the law under section 510 of ERISA.

McMillan v. Town of Colonie

District Court, N.D. New York · Sep 13, 2021

They further contend that, even if the evidence supported an excessive force claim, Defendants would be entitled to qualified immunity. … “Qualified immunity is an affirmative defense that shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Sander v. Township of Coxsackie Court

District Court, N.D. New York · Sep 27, 2023

“Judicial immunity applies even when the judge is accused of acting maliciously or corruptly.” Id. (citation omitted). “Judicial immunity is immunity from suit, not just immunity from the assessment of damages.” Id … New York, 366 F.3d 138, 149 (2d Cir. 2004) (“Section 1983 claim is clearly barred by the Eleventh Amendment because the DMV is a state agency.”); see also Boda, 2012 WL 3704713, at *1.

Hayut v. State University of New York

217 F. Supp. 2d 280 · District Court, N.D. New York · Jul 30, 2002

Deprivation of Rights, Privileges, or Immunities Since it is necessary to establish a violation of a federally protected right to satisfy the second element of a § 1983 cause of action, plaintiff asserts that Prof. … According to the New York State Court of Appeals, the ministerial wrong simply removes the issue of governmental immunity from the case. See Lauer v.

Canino v. HRP, INC.

105 F. Supp. 2d 21 · District Court, N.D. New York · Jul 27, 2000

Iacoviello properly qualifies as an expert pursuant to Rule 702. Rule 702 permits opinion testimony from “a witness qualified as an expert by knowledge, skill, experience, training or education.” … Iacoviello properly qualify as expert witnesses. Because Dr.

Rosa v. Hoke

District Court, N.D. New York · Jun 11, 2025

Fourth, defendants contend that Judge Evangelista failed to address defendants’ qualified immunity arguments. Dkt. No. 37 at 9 –10. … City of N.Y., 374 F.3d 93, 109 (2d Cir. 2004) (explaining fact-finder must resolve disputed facts that bear on the qualified immunity issue).

Penird v. Better

District Court, N.D. New York · Jul 21, 2021

It is firmly established that Titles I and V of the ADA do not abrogate states' sovereign immunity. Rosenfield v. New York State Div. of Veterans' Affs., No. 1:18CV1299, 2019 WL 4621962, *8 (N.D.N.Y. … It is equally well-established that the WCB is an arm of the state to which Eleventh Amendment immunity extends. See Palma v. Workers Compensation Bd., 151 Fed.

Dickson v. Mitta

District Court, N.D. New York · Oct 24, 2022

If he or she is being sued in his personal capacity, and he was acting pursuant to court orders, he is likely entitled to qualified immunity. See, e.g., Fisk, 501 F. … Castaneda are entitled to qualified immunity.”); Meyer v. Health & Hosp. Corp., No. 13-CV-1258 (CBA/LB), 2014 WL 4160796, at *6 (E.D.N.Y.

Burton v. Abraham

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

Qualified Immunity A. … Legal Standards The doctrine of qualified immunity generally protects governmental officials from civil liability “insofar as their conduct does not violate clearly established

Groom v. New York State Department of Corrections and Community Supervison

District Court, N.D. New York · Sep 29, 2025

Groom also “opposes the motion on the issue of ‘qualified immunity’.” Dkt. No. 59 at 3. … “[I]t is well-established that Congress has not validly abrogated the states’ sovereign immunity for claims arising under Title I[,] [n]or has New York waived its immunity.” Yerdon v.

Stagliano v. Herkimer Central School District

151 F. Supp. 3d 264 · District Court, N.D. New York · Dec 16, 2015

Defendants argued that Plaintiff did not qualify for protection under the FMLA because she had not provided adequate notice. Id. … In order to establish a prima facie case of interference under the FMLA, 29 U.S.C. § 2615 (a)(1), a plaintiff must establish five elements: “(1) that she is an eligible employee under the FMLA; (2) that defendant is an employer

THUNDER ISLAND AMUSEMENTS, INC. v. Ewald

650 F. Supp. 2d 195 · District Court, N.D. New York · Jun 29, 2009

Ewald seeks summary judgment on the claims against her on the merit s, or alternatively, under the doctrine of qualified immunity. These arguments will be addressed in sequence. 1. … In the alternative, Ewald argues that she is entitled to qualified immunity, insofar as Plaintiffs’ claim that she made knowingly false statements as well as material omissions in the Affidavit.

Clark v. Gardner

256 F. Supp. 3d 154 · District Court, N.D. New York · Jun 22, 2017

The Second Circuit has not yet addressed how the Supreme Court’s decision in Iqbal affected the standards in Colon *167 for establishing supervisory liability. See Grullon v. … Mets is identified as the supervising officer on the unit, plaintiff does not clearly allege that C.O. Mets witnessed the assault. In sum, the facts alleged are not sufficient to plausibly suggest that C.O.

Pearson

District Court, N.D. New York · Mar 27, 2026

Qualified Immunity “[Q]ualified immunity protects government officials from suit if ‘their conduct does not violate clearly established statutory or constitutional rights … “There are therefore two steps to the qualified immunity analysis: first, whether the plaintiff established that his constitutional rights were violated, and second, whether the right at issue was ‘clearly established’