Case law

Vazquez v. St. Mary's Healthcare

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

Similarly, Plaintiffs' claims against Defendant Danaher are 1289, 1302 (S.D.N.Y.1996) (“An amendment is barred by the doctrine of qualified immunity (if not also considered futile if the amended pleading fails to the doctrine … of absolute immunity).

Bey

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

The undersigned has reviewed plaintiff's IFP application and determines he financially qualifies for leave to proceed IFP.' … United States, 318 U.S. 363 (1943), 13 establishing that when government acts in commercial capacity, it loses its sovereign immunity.” Dkt. No. 1-1 at 2.

Johnson v. Fischer

District Court, N.D. New York · Feb 14, 2020

Under clearly established law, the Eleventh Amendment provides states immunity in federal court. Woods v. Rondout Valley Cent. Sch. Dist. Bd of Educ., 466 F.3d 232, 236 (2d Cir. 2006). … To establish a prima facie case under 42 U.S.C. section 1983, a plaintiff must assert that “a person” acting under color of state law deprived him of his “rights, privileges, or immunities secured by the Constitution or

Lebovits v. Cuomo

District Court, N.D. New York · Feb 4, 2022

Further, City Defendants seek dismissal of plaintiffs’ claims for damages, because de Blasio is entitled to qualified immunity, (Dkt. … No. 51, Attach. 1 at 14, 5 City Defendants also claim de Blasio is entitled to qualified immunity, (Dkt.

Smith v. Goord

222 F.R.D. 238 · District Court, N.D. New York · Apr 29, 2004

The requested files may, for example, contain evidence which would tend to establish that the defendants committed the constitutional and common law violations alleged, or negating their entitlement to qualified immunity … In this instance, defendants have failed to satisfy their burden of establishing grounds for withholding otherwise relevant information from the plaintiff on the basis of primary concerns articulated.

Williams v. First Federal Savings & Loan Ass'n

554 F. Supp. 447 · District Court, N.D. New York · Oct 5, 1981

Clearly Ms. Williams has not been subjected to a disproportionate impact under the Griggs “effects test.” … This may be done by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected

Yacoub v. McGovern

840 F. Supp. 947 · District Court, N.D. New York · Dec 16, 1993

The plaintiff may establish a prima facie case either by direct evidence, or indirect evidence by showing “(1) that he was within the protected age group, (2) that he was qualified for the job; (3) that he was discharged, … Indirect Evidence of Age Discrimination: The first three requisites of plaintiffs prima facie case are established since he was a member of the protected age group (he was over forty), he was qualified to continue as an auditor-trainee

Chompupong v. City of Schenectady

District Court, N.D. New York · Dec 18, 2020

Viscariello is a policy maker, qualified immunity would apply. Dkt. No. 79-16 at 8-10. As Plaintiffs note, Mr. Viscariello is not a named defendant. Dkt. No. 81-4 at 15-16. … Regardless, as the Court has granted summary judgment regarding Plaintiffs' Monell claims, it will not address the City's qualified immunity argument.

Kelly v. Wells Fargo Bank National Association Securitized Asset Backed Receivable Mortgage Pass-Though Certificate - Wells Fargo 101

District Court, N.D. New York · Jan 10, 2020

Judicial immunity is immunity from suit, not just immunity from the assessment of damages. Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … Clearly, plaintiff is angry because defendant Cawley continued to “preside” over the case even after plaintiff declared that the case should be dismissed.

Bushey v. New York State Civil Service Commission

571 F. Supp. 1562 · District Court, N.D. New York · Oct 3, 1983

Although the moving party bears the burden of clearly establishing the non-existence of any issue of fact that is material to a judgment in his favor, Adickes v. S.H. … Apparently, a number of minority candidates qualified to take the Captains exam on the basis of their supervisory experience within the Office of Drug Abuse Services (“ODAS”), in contrast to most plaintiffs, whose qualifying

People v. Larose Indus. LLC

386 F. Supp. 3d 214 · District Court, N.D. New York · May 9, 2019

Where, as here, *217 jurisdiction is asserted by a defendant in a removal petition, the defendant bears the burden of establishing that removal is proper. See Cal. Pub. Employees' Ret. Sys. v. … The court in Cavicchia concluded that the real party in interest inquiry should be "founded on consistent principles of construction" in the both the sovereign immunity context and the removal context.

Kuchma v. City of Utica, NY

District Court, N.D. New York · Feb 28, 2020

immunity (given that the law regarding excessive force and handcuffs was not clearly established at the time the incident occurred); (5) Plaintiff’s municipal liability claim against the Utica Police Department should be … immunity) between a claim that is based on the way a defendant’s alleged “tightening” of handcuffs caused a plaintiff’s wrist lacerations and the way a 5 The Court notes that Plaintiff’s Amended Complaint alleges that

Atlantic States Legal Foundation v. Babbitt

140 F. Supp. 2d 185 · District Court, N.D. New York · Apr 6, 2001

For these reasons, the Circuit clearly indicated that informational standing alone cannot be a sufficient basis to establish an organization’s standing. See Id. … In the instant case, plaintiff argues that the Akins decision clearly shows that allegations of an informational injury constitutes an injury in fact sufficient to establish standing. The court disagrees.

Debejian v. Atlantic Testing Laboratories, Ltd.

64 F. Supp. 2d 85 · District Court, N.D. New York · Aug 27, 1999

To qualify as an NDT Tech, one needs a high school diploma, or its equivalent, with specific NDT training. … “To establish good faith, the employer must take active steps to ascertain the dictates of the FLSA and then act to comply with them.” Id.

Anwar

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

Defendants, for their part, do not dispute that Ex parte Young establishes an exception to sovereign immunity in suits against state officials to secure prospective relief, but counter that the Complaint neither alleges … L. § 5 (establishing the Department of Civil Service); N.Y. Lab. L. § 10 (establishing the Department of Labor).

Chapman v. The City of Albany

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

“To establish municipal liability under [Section] 1983, a plaintiff must do more than simply state that a municipal policy or custom exists . . . … In these instances, “prosecutors receive only qualified immunity.” Simon v. City of New York, 727 F.3d 167, 172 (2d Cir. 2013) (quoting Buckley, 509 U.S. at 273).

Romano v. Thunder Projects, Inc.

696 F. Supp. 831 · District Court, N.D. New York · Sep 27, 1988

ascertain whether the text or legislative history of the pertinent federal statutes protecting employment rights of reservists reveals any congressional intent to render actions commenced pursuant to 38 U.S.C. section 2022 immune … The doctrine of collateral estoppel, or issue preclusion, which operates to preclude a party from relitigating in a subsequent action an issue clearly raised in a prior action or proceeding and decided against that party,

Equal Employment Opportunity Commission v. J.B. Hunt Transportation, Inc.

128 F. Supp. 2d 117 · District Court, N.D. New York · Feb 8, 2001

EEOC avers that it is not required to establish that the claimants are “qualified individuals with a disability” at the liability phase of a pattern or practice case. … Sev *132 eral cases have held that an employee is “not qualified,” without discussing direct threat, if the employee cannot meet an established safety requirement for the position. ...

United States v. Northland Associates, Inc. (In Re Abrantes Construction Corp.)

132 B.R. 234 · District Court, N.D. New York · Oct 18, 1991

Further, the IRS argued that sovereign immunity barred attachment and garnishment of the funds held by the Corps and thereby precluded the existence of an Article 3-A trust fund with respect to these monies. … Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.

Flores

District Court, N.D. New York · Jan 14, 2026

“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 … Beyond the Heck barriers already discussed, even if plaintiff could amend to provide greater detail, absolute immunity would extent to even this alleged misconduct as such allegations clearly fall within the scope of prosecutorial