Case law

Dietz v. TRUSTCO BANK

572 F. Supp. 2d 296 · District Court, N.D. New York · Aug 25, 2008

Triangle Oil, 277 F.3d 1251, 1259 (10th Cir.2002) (holding that § 6332(e) provides immunity for a party’s actions related to honoring a federal tax levy). … The claim for injunctive relief is clearly barred by the Anti-Injunction Act, which states “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court....” 26 U.S.C. §

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”).

Lawrence v. St. Lawrence County Correctional Facility Sheriff's Office

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

prosecutorial immunity." … "'To establish a violation of [Section] 1983 by a supervisor, as with everyone else, . . . the plaintiff must establish a deliberate, intentional act on the part of the defendant to violate the plaintiff's legal rights.

McKnight v. Dormitory Authority

189 F.R.D. 225 · District Court, N.D. New York · Nov 4, 1999

Defendants do not dispute that Plaintiff has established the first two elements of a retaliation claim. … Plaintiff has clearly satisfied the first three elements of the prima facie case.

Farrington v. Poole

District Court, N.D. New York · Sep 10, 2024

Qualified Immunity “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … This alone precludes summary judgment on qualified immunity. See Breen v.

Serow v. Redco Foods, Inc.

187 F. Supp. 2d 47 · District Court, N.D. New York · Feb 19, 2002

The plaintiff must identify second the activity claimed to be impaired and establish that it constitutes a “major life activity.” See id. … “‘Substantially’ in the phrase ‘substantially limits’ suggests ‘considerable’ or ‘to a large degree,’ and thus clearly precludes impairments that interfere in only a minor way ...”

Artz v. Fairbanks Co.

112 F.R.D. 59 · District Court, N.D. New York · Jul 25, 1986

In all likelihood these matters are clearly set forth in the Plan; however, the Court will not presume this to be the case at this time. … Of course, such individuals should, and in this case, if there are any, will be given an opportunity to establish their entitlement under the statute.

Brooks v. Roberts

251 F. Supp. 3d 401 · District Court, N.D. New York · May 5, 2017

Plaintiffs have clearly carried their burden on this element. As an initial matter, the proposed class exceeds forty members. … In addition, class counsel must be “qualified, experienced and able to conduct the litigation.” Baffa, 222 F.3d at 60.

New York Ex Rel. Spitzer v. County of Schoharie

82 F. Supp. 2d 19 · 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.

Rose v. Ireco Inc.

872 F. Supp. 1127 · District Court, N.D. New York · Dec 30, 1994

To establish a prima facie case of discriminatory discharge, “a plaintiff must show that (1) that he was within the protected age group, (2) that he was qualified for the position, (3) that he was discharged, and (4) that … The court concludes that plaintiff established a prima facie case of discriminatory discharge. Plaintiff was within the protected age group, was qualified for, and terminated from that position.

Briggs v. New York State Department of Transportation

233 F. Supp. 2d 367 · District Court, N.D. New York · Nov 12, 2002

The EEOC complaint states, in part, that I am a qualified individual covered under the provisions of the Americans with Disabilities Act.... … Section 8 reads, in part, that The state hereby waives its immunity from liability ... provided the claimant complies with the limitations of this article.

Publius Publicola v. Lomenzo

District Court, N.D. New York · Apr 5, 2022

Supp. 2d 203, 211 (E.D.N.Y. 2009). 7 If, however, the non-judicial officer is performing “ministerial, non-judicial duties” or “purely administrative tasks,” only a qualified, good-faith immunity attaches … Cf. id. at 161 (rejecting speculative delay in state action as qualifying form of harm).

Thompson v. County of Franklin

180 F.R.D. 216 · District Court, N.D. New York · Jul 30, 1998

Only then will the court be in a position to decide whether to deny the motion, which it clearly has jurisdiction to do, or whether it will grant the motion. … Conceding that tribes “may establish membership criteria and the procedure for determining whether that criteria has been satisfied,” 17 the County argues, nonetheless, that a tribe’s right to self-determination with respect

Maioriello v. New York State Office for People with Developmental Disabilities

272 F. Supp. 3d 307 · District Court, N.D. New York · Sep 27, 2017

Fourth, and finally, Defendants argue that they are entitled to qualified immunity because their alleged actions were lawful, objectively reasonable, and did not violate any constitutionally protected rights. … Third, and finally, Plaintiff argues that Defendants are not entitled to qualified immunity because there is a genuine dispute of material fact regarding their retaliatory intent' and whether their actions were objectively

Oteri v. Schoharie County Correctional Facility

District Court, N.D. New York · Jul 22, 2025

That said, “even a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal . . ..” Machicote v. … In the alternative, Magistrate Judge Lovric recommended that summary judgment be granted on qualified immunity grounds because “[c]ourts in this Circuit have generally granted qualified immunity to officers who used pepper

Meadows v. State University of New York

160 F.R.D. 8 · District Court, N.D. New York · Jan 24, 1995

. § 1983 claims against SUNY Oswego and each defendant in his/her official capacity were dismissed as violative of the immunity from suit afforded to states under the Eleventh Amendment. … Nevertheless, one fact that was clearly established was that Dr. Weber was solely responsible for the adverse employment decision. Therefore, SUNY Oswego’s liability could only flow from Dr. Weber’s actions.

Edwards v. Penix

388 F. Supp. 3d 135 · District Court, N.D. New York · Jul 24, 2019

Thus, a § 1983 claim requires a plaintiff to show (1) the deprivation of a right, privilege, or immunity secured by the Constitution and its laws by (2) a person acting under the color of state law. … Edwards's complaint might also satisfy the third element of the test, since actually losing a job opportunity probably qualifies as "some injury" in light of more recent Second Circuit decisions clarifying this question.

Scott v. Crossway

District Court, N.D. New York · Nov 3, 2022

The undersigned has reviewed plaintiffs IFP motion and determines that he financially qualifies to proceed IFP for the purpose of filing." … It is also “well-established that officials acting in a judicial capacity are entitled to | absolute immunity against § 1983 actions, and this immunity acts as a complete shield to claims for money damages.”

Association of American Medical Colleges v. Carey

482 F. Supp. 1358 · District Court, N.D. New York · Jan 22, 1980

If this was plaintiff’s only allegation of damage, then clearly injunctive relief would be prohibited. … All but one of the Members has been served at this time, and the Board is clearly before the Court.

Oakes v. Cooke

858 F. Supp. 330 · District Court, N.D. New York · Jul 11, 1994

Plaintiff waived immunity and testified before the grand jury. At the proceedings, the grand jury found insufficient evidence to indict defendants Cooke or Simser. … This argument ignores the well established 1983 jurisprudence which clearly permits the recovery of money damages against individual police officers acting under the color of state law. West v.