Case law

Johnson v. New York State Police

District Court, N.D. New York · Mar 2, 2023

Even so, “it is unclear whether Garcia’s requirement that a plaintiff establish animus or ill will in order to abrogate sovereign immunity survives in the wake of the Supreme Court’s rulings in Tennessee v. … Va. 2015) (holding that “seizures” qualify as a “physical or mental impairment”).

Charrette v. SM Flickinger Co., Inc.

806 F. Supp. 1045 · District Court, N.D. New York · Nov 16, 1992

Char-rette qualified? … Clearly that conclusory, self-serving statement, standing alone, would be insufficient to establish that plaintiff performed his job satisfactorily, especially given the well documented evidence to the contrary.

Hogan v. General Electric Co.

109 F. Supp. 2d 99 · District Court, N.D. New York · Aug 11, 2000

To establish the prima facie case of disparate treatment one must “show that' (1) he was within the protected age group, (2) he was qualified for the job, (3) he was discharged, and (4) the discharge occurred under circumstances … Clearly, the plaintiffs meet criteria one and three necessary to establish a prima facie case. All of the plaintiffs were over the age of forty, and it is undisputed they were laid off as part of the RIF.

Guinup v. Petr-All Petroleum Corp.

786 F. Supp. 2d 501 · District Court, N.D. New York · Mar 31, 2011

that she is a “ ‘qualified individual with a disability[.]’” … Clearly, Plaintiffs conduct constituted insubordination.

Haley v. Pataki

901 F. Supp. 85 · District Court, N.D. New York · Oct 3, 1995

In order to qualify for receipt of attorneys’ fees, a party must be a “prevailing party.” That is, the party must 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

Eustache

District Court, N.D. New York · Sep 8, 2026

se litigant is entitled to “special solicitude,” that a pro se application and determines that he financially qualifies to 5 litigant's submissions must be construed … Coffinger, “County/Family/Surrogate’s Court Judge” * such “Judicial immunity is immunity from suit, not just immunity claims would be barred by judicial immunity. from the assessment of damages.”

Shook v. NYS Central Register of Child Abuse and Maltreatment

District Court, N.D. New York · Jun 20, 2025

that immunity by Congress.” … Supp. 2d 385, 392-93 (S.D.NY. 2010) (“Although caseworkers are generally entitled to qualified immunity for their investigative duties . . . plaintiffs, here, complain that [the defendant] filed a false neglect

Nafziger v. Blum

551 F. Supp. 705 · District Court, N.D. New York · Jun 3, 1982

There is no doubt that plaintiffs and their children qualify as dependent children and caretaker relatives respectively. … The DECISION AFTER FAIR HEARING reads in pertinent part: “The credible evidence clearly establishes that appellant’s parents are willing to support their daughter in their home.

Barzee v. Tyler

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

Immunities® i. Judicial Immunity ° The Second Circuit has held that “absolute immunity” is appropriate for judges in the exercise of their judicial function. Tulloch v. … The “ultimate question” of prosecutorial immunity is “whether the prosecutors have carried their burden of establishing that they were functioning as ‘advocates’ when they engaged in the challenged conduct.”

Willis v. Lascaris

499 F. Supp. 749 · District Court, N.D. New York · Jun 11, 1980

In order for them to meet the jurisdictional requirement of Section 1983, plaintiffs must first establish that defendant county officer has acted “under color of state law.” 10 In Monell v. … The Banks court found that this notice was unconstitutional because, although the notice informed the recipient of the amount their food stamps were going to be reduced, these figures were not clearly identified or explained

Regels v. Giardono

113 F. Supp. 3d 574 · District Court, N.D. New York · Jun 25, 2015

immunity. … Second, at the wery least, based on the current record, Defendant Officers are protected from liability on this claim as a matter of law by the doctrine of qualified immunity.

Gladding

District Court, N.D. New York · Jan 12, 2026

of that immunity by Congress.” … “It is well- established that New York has not consented to § 1983 suits in federal court and that § 1983 was not intended to override a state’s sovereign immunity.” Mamot v. Bd. of Regents, 367 F.

Dingwall v. Friedman Fisher Associates, P.C.

3 F. Supp. 2d 215 · District Court, N.D. New York · Apr 24, 1998

Since the duties test is clearly satisfied, the Court now turns to the salary test. 2. … Here, defendant has failed to establish this requirement. There is no evidence in the record that plaintiff clearly understood that his salary was intended to compensate him for any hours worked.

Cayuga Indian Nation of New York v. Pataki

79 F. Supp. 2d 78 · District Court, N.D. New York · Dec 23, 1999

As to Professor von Gernet, the court denies the United States’ motion to exclude his testimony because he is not qualified. … Eleventh Amendment Once again, the issue of the State’s Eleventh Amendment immunity is before the court.

Poulos v. Annucci

District Court, N.D. New York · Nov 25, 2019

Second, Defendants Annucci and Miller argue that they are entitled to qualified immunity because there is no clearly established law indicating that they were required to be on notice of a risk of assault to Plaintiff, or … Third, Defendants Annucci and Miller argue that they have demonstrated entitlement to qualified immunity as a matter of law, based on Plaintiff’s factual allegations. (Id. at 11.)

Hartwick v. Annucci

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

However, because qualified immunity is generally preferred to absolute immunity because of the latter's capacity to undermine § 1983's constitutional protections, "[a]bsolute immunity is proper only in those rare circumstances … "Functions most apt to be accorded absolute, rather than qualified, immunity are those integrally related to the judicial process." Id.

Bongiorno v. Pirelli

District Court, N.D. New York · May 7, 2021

Qualified Immunity “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate … clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law.”

Moody v. United States

753 F. Supp. 1042 · District Court, N.D. New York · Oct 18, 1990

Under established DOD procedures, the inspectors were required to follow a fifty-one step checklist for safety compliance. … There is some question whether a finding of control and notice are both prerequisites to establishing liability under section 200.

Abdul-Malik

District Court, N.D. New York · Mar 31, 2026

Therefore, these claims are analyzed together. 3 Defendants argue in the alternative that they are entitled to qualified immunity on the excessive force claim. See Mot. at 14–16. … immunity argument.

Min

District Court, N.D. New York · Jul 28, 2026

Discrimination A Title VII discrimination plaintiff must establish that: "1) he belonged to a protected class; 2) he was qualified for the position; 3) he suffered an … Defendants Thorncroft and Selchick argue that the claim fails on the merits or, alternatively, that they are entitled to qualified immunity. See Dkt. No. 73-2 at 58-60. Plaintiff opposes both premises. See Dkt.