Case law

Lugosch v. Congel

218 F.R.D. 41 · District Court, N.D. New York · Oct 17, 2003

Without more, the allegations contained in a complaint cannot sustain a request to pierce the work production immunity. … Impressions and theories of possible culpability are clearly revealed. Even the job title of the offending person is provided.

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.

Laflamme v. Carpenters Local 370 Pension Plan

212 F.R.D. 448 · District Court, N.D. New York · Feb 10, 2003

to a reasonable belief as to who the class members are is within defendants’ control, numerosity is established. … Thus, because the overriding legal issue is common to all prospective class members, plaintiff has established commonality. 3.

Lappe v. American Honda Motor Co., Inc.

857 F. Supp. 222 · District Court, N.D. New York · Jul 15, 1994

Traditionally, concern over the reliability/validity of clearly “scientific” testimony only surfaced in criminal eases. … The moving party “‘bears the substantial burden of establishing that transfer ... [of] this case is in the interest of justice.’” Nieves v.

Johnson v. Phillips

District Court, N.D. New York · Feb 8, 2024

Id. at 11. 5 Defendants moved for summary judgment on three grounds: “(1) qualified immunity bars suit against [C.O.] Phillips; (2) [C.O.] … Phillips, “the Court cannot determine on this Motion whether qualified immunity insulates [C.O.] Phillips from liability.” Id. at 8 (citing Jones v. Parmley, 465 F.3d 46, 62-63 (2d Cir. 2006)).

Hurst v. Mollnow

District Court, N.D. New York · Sep 27, 2019

Additionally, under the doctrine of qualified immunity, state officials "operating under color of state law are . . . entitled to summary judgment when they can establish that either (1) a constitutional right was not violated … or (2) the right was not clearly established at the time of the violation."

Stone v. McGowan

308 F. Supp. 2d 79 · District Court, N.D. New York · Mar 2, 2004

“Thus, although some persons are literally ‘suffer[ed] or permitted] to work,’ they do not qualify as ‘employees’ for purposes of the FLSA.” Id. (citing Marshall v. Regis Educ. … The court clearly excluded welfare recipients from the definition of “employee” as that term relates to statutes governing wages: [WEP] participants simply are not “in the employ of’ anyone — that is the very reason they

Decker Advertising Inc. v. Delaware County, New York

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

Legislative Immunity Defendants attempt to avoid liability for the Board Members, except Chair Molé, by invoking legislative immunity, but the Court finds that immunity does … Here, the de-designation of The Reporter was not the kind of “discretionary, policymaking decision implicating the budgetary priorities of the city” which could qualify for immunity. Id. (citation omitted).

Castine v. Zurlo

938 F. Supp. 2d 302 · District Court, N.D. New York · Apr 12, 2013

Finally, defendant Zurlo contends he is entitled to qualified immunity on all claims against him. Plaintiff opposes and cross-moves for summary judgment on liability in her favor. A. … Remaining Arguments Because defendants’ motion for summary judgment will be granted and all claims will be dismissed, there is no need to address defendants’ remaining arguments regarding punitive damages and qualified immunity

Momot v. Dziarcak

208 F. Supp. 3d 450 · District Court, N.D. New York · Sep 22, 2016

To establish state action, Plaintiff must show that the person who caused his constitutional deprivation “ ‘may fairly be said to be a state actor.’ ” Grogan v. … The ADA provides that "[n]o covered entity shall discriminate against a qualified individual on the basis of disability[.]” 42 U.S.C. § 12112 (a).

Jones v. Onondaga County Resource Recovery Agency

973 F. Supp. 2d 159 · District Court, N.D. New York · Sep 23, 2013

“[e]very person who, under color of any statute, ordinance, [or] regulation ... of any State ..., subjects or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … has established a prima facie case of age- and disability-based discriminatory discharge” (citing Dister v.

Ben v. United States

160 F. Supp. 3d 460 · District Court, N.D. New York · Feb 4, 2016

This “discretionary function exception” *473 is a form of retained sovereign immunity. … Immunity for Preparing the Pretrial Services Report Defendant also contends that it is immune from tort liability in connection with the preparation of the pretrial services report.

White v. Mielnicki

District Court, N.D. New York · Sep 6, 2022

Losing eligibility for good time credits is precisely what Justice O’Connor 2 In a 2010 unpublished opinion, the Second Circuit found that in the qualified immunity context, conditioning the award of good time credits … Here, however, Plaintiff’s claim does not arise in the qualified immunity context, so he need not allege that Defendants violated clearly established federal law.

Camillo v. Coca-Cola Bottling Co. of New York, Inc.

776 F. Supp. 662 · District Court, N.D. New York · Oct 4, 1991

In order to establish a prima facie case of age discrimination under New York State Law, Plaintiff must show: (1) that he was a member of the class protected by the statute, (2) that he was discharged, (3) that he was qualified … Plaintiff was qualified for his position, he was a member of the class protected by statute, and he was discharged.

Jarvis v. Duell

District Court, N.D. New York · Aug 26, 2025

Probation officers are entitled to qualified immunity when they perform investigatory duties like filing a violation report or recommending the issuance of an arrest warrant. Id. … 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

Cole v. Smrtic

District Court, N.D. New York · Nov 21, 2024

qualifies to proceed IFP.*. Thus, the Court proceeds to its review of the complaint pursuant to 28 U.S.C. § 1915. … “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

Ruotolo v. Town of New Paltz

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

[swearing to the date of mailing] was not clearly erroneous”). … But any claims pertaining to the second set of allegations concerning Jaffee’s testimony at trial are clearly precluded by the doctrine of absolute witness immunity. See Briscoe v.

Reynolds v. Village of Chittenango

District Court, N.D. New York · Oct 4, 2023

Reynolds counters that defendants are not entitled to qualified immunity because their conduct violated his clearly established constitutional rights and it was not objectively reasonable for defendants to believe their … Qualified immunity shields a government employee from liability in two circumstances: “(1) [when his] conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively

Matagrano v. New York State Department of Corrections and Community Supervision ("DOCCS")

District Court, N.D. New York · Sep 12, 2023

To establish a prima facie violation under the ADA and Rehabilitation Act, a plaintiff must demonstrate “(1) that []he is a ‘qualified individual’ with a disability; (2) that the defendants are subject to one of the Acts … Va. 2007) (concluding that, in the prison context, Title II “clearly implicates . . . the equal protection rights of the Fourteenth Amendment”).

Rose

District Court, N.D. New York · May 4, 2026

member’s] health,” but “only until such immunization [wa]s found no longer to be detrimental to such personnel member’s health.” … discharge, and Plaintiff fails to allege any causal connection between her separation and a qualifying disability.