Case law

Riley v. Town of Bethlehem

44 F. Supp. 2d 451 · District Court, N.D. New York · Mar 30, 1999

Accordingly, Morgan and O’Brien do not have Eleventh Amendment immunity. B. … Clearly, such a general, vague, and conclusory request— bereft of reason — is insufficient to satisfy the specific requirements of Rule 56(f).

Cremeans v. Miller

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

Finally, Magistrate Judge Dancks recommended denying Defendants’ motion for summary judgment and dismissal on qualified immunity grounds. (Id. at 27–29). B. … CONCLUSION The Court concurs in Magistrate Judge Dancks’s recommendation that Defendants’ briefing fails to establish a basis for dismissal based on qualified immunity

Catlin v. Sobol

881 F. Supp. 789 · District Court, N.D. New York · Mar 30, 1995

This clearly is a legitimate state interest, Martinez v. … It is well established that in order to justify relief under § 1983, plaintiffs must show (1) that they were deprived of a right, privilege, or immunity secured by the Constitution or law of the United States, and (2) that

Levine v. New York State Police

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

, thus precluding the application of the defense of qualified immunity. … “Even in the absence of probable cause, a police officer is entitled to qualified immunity where ‘(1) [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Rushford v. United States

92 F. Supp. 874 · District Court, N.D. New York · Sep 22, 1950

This remedial Act in which the sovereign waives immunity is comparatively recent in its enactment and amendments. … standards and tests of local law are to determine whether a negligent or wrongful act has been established which is actionable and the nature and extent of the recovery permitted on account thereof, not the period of limitation

Diehl v. Munro

170 F. Supp. 2d 311 · District Court, N.D. New York · Oct 2, 2001

So viewed, these facts established a reasonable suspicion that Diehl was involved in criminal activity but fell short of establishing probable cause to arrest Diehl. … Qualified Immunity Police officers “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Fountain v. United States

328 F. Supp. 3d 27 · District Court, N.D. New York · Jul 19, 2018

The record clearly establishes, however, that regardless of whether USDA reg. 5400-005 applied, Karim was required by statute and regulation to obtain verbal or written authorization prior to taking a GOV for home-to-work … The record also clearly establishes that at the times in question Karim knew he was required to do so. 5 In a related argument, Karim contends that he was entitled to unlimited use of the GOV while on Walton TDY because he

Vazquez-Curet v. Colonie Police Department of Albany NY

District Court, N.D. New York · Mar 26, 2024

Discussion Defendants argue that summary judgment is appropriate because they did not use excessive force; and that, even if they did, they are entitled to qualified immunity. (Dkt. … immunity grounds, “[b]ecause a material factual dispute remains as to the circumstances surrounding the use of force in this case, summary judgment on qualified immunity is inappropriate.”

Dixon v. The City of Syracuse

District Court, N.D. New York · Sep 18, 2024

However, deciding the issue of qualified immunity would be premature at this posture. … That is because officers are entitled to qualified immunity only when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Moore v.

Henderson v. Greenville Central School District

District Court, N.D. New York · May 14, 2021

In addition to arguing that the individual defendants are not entitled to qualified immunity, Plaintiff asserts that the School District is subject to municipal liability under Monell v. … Also, Defendants assert that the individual Defendants are entitled to qualified immunity, and that the School District is not subject to municipal liability. Id. at 15–18.

Haley v. Pataki

892 F. Supp. 61 · District Court, N.D. New York · Jul 6, 1995

In order to qualify for receipt of attorneys’ fees, a party must be a “prevailing party.” That is, the party must *63 have obtained “at least some of the relief on the merits of his claim.” Farrar v. … However, “it seems clearly to have been the intent of Congress to permit such an interlocutory award only to a party who has established his entitlement to some relief on the merits of his claims, either in the trial court

Petrosky v. New York State Department of Motor Vehicles

72 F. Supp. 2d 39 · District Court, N.D. New York · Nov 15, 1999

It will be assumed here, therefore, that Type II diabetes is a qualifying disability. 15 . … Defendants also contend that they are entitled to qualified immunity with respect to Petrosky's section 1983 claims. Defs.Mem. of Law, p. 29.

Gammons

District Court, N.D. New York · Mar 30, 2026

Second, each Defendant 1s likely immune from suit. … “Judicial immunity is overcome in only two circumstances: (1) a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the judge’s judicial capacity; and (2) a judge is not immune

Martinaj v. Uhler

District Court, N.D. New York · Jul 11, 2024

Levine was wholly unprepared to discuss Defendants’ motion in limine argument that no process was required and that, in any event, they are entitled to qualified immunity because “the law was not clearly established in

Skinner v. City of Amsterdam

824 F. Supp. 2d 317 · District Court, N.D. New York · Mar 30, 2010

Further, even assuming that Defendant, or one of its employees, was aware that Plaintiff had filed this complaint prior to his termination, the record clearly establishes that Plaintiff was no longer allowed to be alone during … In addition, the record clearly establishes that Plaintiff was terminated because he refused to take a drug test, not because he filed a complaint with the DOT.

Cusamano v. Sobek

604 F. Supp. 2d 416 · District Court, N.D. New York · Jan 26, 2009

immunity. … Whether, in the Alternative, the Doctrine of Qualified Immunity Protects Defendants from Liability with Regard to Certain of Plaintiffs Claims As stated above, Defendants argue that, in the alternative, the doctrine of qualified

Martinaj v. Uhler

District Court, N.D. New York · Nov 22, 2023

are entitled to qualified immunity because “the law was not clearly established in this Circuit or the Supreme Court as to what process Plaintiffs were due” under the circumstances of this case. (Dkt.

Lewis v. Citizens United, Inc.

District Court, N.D. New York · Feb 20, 2024

Until that review is complete service upon one or more Defendants is clearly premature. See Morse v. United States Postal Serv., 2018 WL 3575654, at *5 (W.D.N.Y. … determine if Plaintiff qualified for IFP status and ordered 89, 94 (2007) (citing Estelle v.

Lewis v. R. L. Vallee, Inc.

District Court, N.D. New York · Feb 20, 2024

Until that review is complete service upon one or more Defendants is clearly premature. See Morse v. United States Postal Serv., 2018 WL 3575654, at *5 (W.D.N.Y. … determine if Plaintiff qualified for IFP status and ordered 89, 94 (2007) (citing Estelle v.

Robinson v. Hallett

District Court, N.D. New York · Nov 20, 2019

Clearly, this was an action which occurred during, and was related to, plaintiff’s criminal case. This was clearly a function performed by a judge. … Oct. 30, 2019) (discussing cases in which plaintiffs were associating “excessive force” with the number of officers used during the search in the context of affording defendants qualified immunity).