Case law

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.

Lewis v. New York State Board Of Elections

District Court, N.D. New York · Sep 30, 2024

The undersigned has reviewed plaintiffs IFP application and determines that he financially qualifies to proceed IFP.? ll. … “It is well-established that New York has not consented to § 1983 lawsuits in federal court[.]” Mamot v. Bd. of Regents, 367 F.

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.

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.

Benjamin

District Court, N.D. New York · Nov 12, 2025

Plaintiff’s complaint clearly centers around alleged violations of his constitutional rights. … However, both of the alleged actions taken by the Town are acts which are clearly judicial in nature.

Trapani v. Annucci

District Court, N.D. New York · Sep 1, 2022

Finally, Judge Lovric addressed Defendants’ qualified immunity defense. Id. at 27–29. Judge Lovric ultimately found Defendants’ qualified immunity defense premature and recommended that it be denied. … “Ultimately, to establish the objective element of an Eight Amendment claim, a prisoner must prove that the conditions of his confinement violate contemporary standards of decency.” Phelps v.

Velez v. Collado

District Court, N.D. New York · Jul 22, 2022

. § 1915(e)(2)(B)(ii) because the named entities do not qualify as “persons” under Section 1983. … With respect to suits brought under Section 1983, “[i]t is well-established that, as an agency or arm of the State of New York, the New York State Board of Parole . . . is immune from suit under the Eleventh Amendment.

Poyneer v. New York State United Teachers

District Court, N.D. New York · Jan 18, 2023

Darken, 11-CV-0046, 2012 WL 194075, at *2 (E.D.N.Y. 2012) (“[A] default does not establish conclusory allegations . . . .”) … No. 23, Attach. 1, at 7-8 [challenging defenses regarding the statute of limitations, “offset,” “benefits,” qualified immunity, and “all immunities”].)

Morris v. NYS Department of Corrections and Community Supervision

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

Sovereign immunity does not bar a plaintiff’s pursuit of injunctive relief under Section 1981 against state officials. … “To establish a prima facie case of FMLA retaliation, a plaintiff must establish that (1) [s]he exercised rights protected under the FMLA; (2) [s]he was qualified for [her] position; (3) [s]he suffered an adverse employment

Meacham v. Knolls Atomic Power Laboratory

627 F. Supp. 2d 72 · District Court, N.D. New York · May 1, 2009

Coughlin, 66 F.3d 531, 539 (2d Cir.1995) (finding a waiver of the qualified immunity affirmative defense and noting that “[wjhether this was a matter of strategy or mere inadvertence is of no consequence to our consideration … Moreover, the absence of clearly established law on a particular issue does not excuse defendants’ failure to press their defense here. 16 First, defendants asserted RFOA as an affirmative defense in their answer.

Emrit v. The Grammys Awards on CBS

District Court, N.D. New York · Oct 6, 2023

After reviewing plaintiff's in forma pauperis application, plaintiff qualifies to proceed IFP.' ll. … It is well-established that “[p]ro se submissions are reviewed with special solicitude, and Must be construed liberally and interpreted to raise the strongest arguments that they suggest.’” Matheson v.

Baptiste v. New York State Department of Corrections and Community Supervision

District Court, N.D. New York · Feb 23, 2023

immunities secured by the Constitution and laws' of the United States." … Even assuming, for the purposes of this initial review, that plaintiff's condition qualified as a serious medical need, plaintiff has failed to plead facts suggesting that defendants acted with the necessary culpable state

Lewis v. New York State Board Of Elections

District Court, N.D. New York · Sep 30, 2024

The undersigned has reviewed plaintiffs IFP application and determines that he financially qualifies to proceed IFP.? ll. … “It is well-established that New York has not consented to § 1983 lawsuits in federal court[.]” Mamot v. Bd. of Regents, 367 F.

Hogan v. Lewis County, New York

District Court, N.D. New York · Jun 1, 2020

immunity arguments. … immunity argument.

Kennedy v. Fitzgerald

102 F. Supp. 2d 100 · District Court, N.D. New York · Jun 23, 2000

The court determined that the plain meaning of “activity” is a “natural or normal function or operation” and that both statutes clearly encompass zoning decisions by the city. Id. at 44. … is controverted by the parties regarding what exact requirements must be met before the City of Syracuse will issue building and/or encroachment permits for statutory mandated construction of disabled persons access to establishments

Weissbrod Gurvey v. Hochul

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

Defendant O’Toole also argues that Plaintiff has failed to state a cause of action for patent infringement, and that Plaintiff’s claims against him are barred by qualified immunity. Dkt. … App’x 191, 192 (2d Cir. 2010) (“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.”).

Briggs v. Hallenbeck

District Court, N.D. New York · Apr 30, 2024

Thus, an arresting officer acting in reliance on a facially valid arrest warrant is shielded from liability under the doctrine of qualified immunity. /d at 330; see also Dirienzo v. U.S., 690 F. … immunity because [he] acted in good faith, relying ona facially valid arrest warrant.”

DeVeau v. United States

833 F. Supp. 139 · District Court, N.D. New York · Sep 16, 1993

To prove negligence on the part of the defendant, plaintiff must establish that there was a dangerous condition and that either the defendant affirmatively created the dangerous condition or had notice, actual or constructive … If you create a dangerous condition, you are not immune from liability for the first accident, even if it happens years after the dangerous condition has been created. Burton v.

Graham-Johnson v. City of Albany

District Court, N.D. New York · Jul 9, 2020

“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 … Defendants bear the burden of establishing qualified immunity. Vincent v. Yelich, 718 F.3d 157, 166 (2d Cir. 2013).

Troise v. SUNY Cortland NY

District Court, N.D. New York · Aug 14, 2019

LEXIS 91856, at *16–17 (“In the failure to hire context, an employer’s choice of a less qualified employee not from plaintiff’s protected class raises an inference of discrimination sufficient to establish a prima facie case … While it is well established that “Title VII abrogates the states’ Eleventh Amendment immunity,” Sirisena v. City Univ. of N.Y., No. 17-cv-7135, 2019 WL 1493220, at *3, 2019 U.S. Dist. LEXIS 58384, at *8 (E.D.N.Y.