Case law

Jane Doe v. Zucker

District Court, N.D. New York · Oct 22, 2020

The Commissioner is also required, under the Public Health Law, to “establish and operate such adult and child immunization programs as are necessary to prevent or minimize the spread of disease and to protect the public … The information requested in the form clearly relates to the grounds on which a medical exemption may be granted, and is clearly intended to assist a school district determining whether a student should be granted such

International Ass'n of Machinists & Aerospace Workers, Local Lodge No. 967 v. General Electric Co.

713 F. Supp. 547 · District Court, N.D. New York · May 24, 1989

‘[A] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiffs cause of action.” Franchise Tax Bd. v. Const. Laborers Vac. … (a) is such an “establish[ed] right” which is not subject to § 301 removal. D.

Kingston Hospital v. Sebelius

828 F. Supp. 2d 473 · District Court, N.D. New York · Dec 8, 2011

No. 24, Attach. 2 at 19), the Review Board’s determination that the writing fell short of the specific requirements of the regulation is clearly supported by substantial evidence. … (Id.) *481 Accordingly, the Secretary’s finding that neither Kingston nor Benedictine qualified for relief under Section 713 is affirmed. Y.

Momen v. United States

946 F. Supp. 196 · District Court, N.D. New York · Dec 3, 1996

United States, 1996 WL 660700 (N.D.N.Y.1996). 1 The Federal Tort Claims Act is a limited waiver of the sovereign immunity of the United States. … This evidence, even considered in the light most favorable to Plaintiffs, clearly does not establish the requisite degree of control.

Parkinson v. The Town of Niskayuna Police Department

District Court, N.D. New York · Dec 11, 2023

to qualified immunity. … But a ruling on qualified immunity on this record would be premature, and the Court declines to address qualified immunity here. See, e.g., Chamberlain ex rel. Chamberlain 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

United States v. Schulz

529 F. Supp. 2d 341 · District Court, N.D. New York · Aug 9, 2007

Rather, Defendants merely “encourage” people to have the material reviewed by “qualified legal counsel.” … This factor clearly weighs in favor of an injunction.

Pyke v. Cuomo

209 F.R.D. 33 · District Court, N.D. New York · Jul 1, 2002

Plaintiffs still must qualify under one of the subsections of Rule 23(b), and they are attempting to qualify under subdivision (3) of that Rule. *44 B. … As should be readily apparent by now, the court will grant the plaintiffs’ motion for certification because they have established all of the elements necessary for such certification under Rule 24(a), as well as qualifying

Shaw

District Court, N.D. New York · Dec 9, 2025

immunity. … However, in her response, Plaintiff fails to oppose Defendant’s third argument (regarding qualified immunity), in violation of N.D.N.Y. L.R. 7.1(a)(3). (See generally Dkt.

Krug v. McNally

488 F. Supp. 2d 198 · District Court, N.D. New York · Feb 8, 2007

ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Defendants are clearly private attorneys, who served as privately-retained defense counsel. See Amended Complaint (Dkt. No. 26) at ¶ 20.

Santos v. The Syracuse Police Department

District Court, N.D. New York · Nov 15, 2022

In any event, to the extent the D.A.’s Office decided not to investigate or prosecute the police officers for the misconduct alleged by plaintiff, that decision would clearly trigger absolute prosecutorial immunity, based … “The right to family integrity clearly does not include a constitutional right to be free from child abuse investigations.” Brown v. Town of E.

Story v. Federal Communications Commissions

District Court, N.D. New York · Sep 24, 2024

application and determines that he financially qualifies to proceed IFP.2 Thus, the Court proceeds to its review of the complaint pursuant to 28 U.S.C. § 1915. ll. … Sovereign Immunity The undersigned alternatively recommends dismissal as any potential claim plaintiff may have against the FCC would appear barred by sovereign immunity.

Wells

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

immunity, and the Rooker–Feldman doctrine. … In the instant action, it is clear from the allegations of the complaint that the Gabor defendants do not qualify as state actors within the meaning of § 1983.

Gerken v. Gordon

District Court, N.D. New York · Oct 29, 2024

The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP.' … only be overcome when the judge clearly lacks jurisdiction over the subject matter.”

Miller-Harris

District Court, N.D. New York · Oct 29, 2025

“Qualified immunity protects government officials from civil damages liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “Special interrogatories are vehicles to allow the jury to resolve ‘key factual disputes’ bearing on the legal determination of qualified immunity.” Alla v. Verkay, 979 F.

Dos Santos v. The Onondaga County District Attorney's Office

District Court, N.D. New York · Nov 15, 2022

In any event, to the extent the D.A.’s Office decided not to investigate or prosecute the police officers for the misconduct alleged by plaintiff, that decision would clearly trigger absolute prosecutorial immunity, based … “The right to family integrity clearly does not include a constitutional right to be free from child abuse investigations.” Brown v. Town of E.

Vincent v. Shalala

830 F. Supp. 126 · District Court, N.D. New York · Aug 12, 1993

The ALJ found that “these reports [were] clearly a Workers Compensation opinion that [Mr. Vincent] cannot perform his past relevant work.” Decision of ALJ at 3. … Sullivan, 923 F.2d 964, 967 (2d Cir.1991); see 42 U.S.C. § 423 (c) (establishing criteria for Social Security disability coverage).

Bartlett v. Honeywell International, Inc.

260 F. Supp. 3d 231 · District Court, N.D. New York · May 19, 2017

With respect to the first form, known as “express preemption,” it is well established that CERCLA does not expressly preempt state law. See State of N.Y. v. … Second, consent decrees entered into pursuant to CERCLA, which require a PRP to undertake specific *243 action or contravene CERCLA § 122(e)(6)', qualify as federal law that can conflict with state law.

Alaidrus v. United States

District Court, N.D. New York · Jun 17, 2025

Section 1983 claims against MHLS are subject to dismissal on immunity grounds. … “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.” □□□ -8- (internal

Taylor Gammons v. Cody

District Court, N.D. New York · Sep 2, 2025

Acts related to a specific case, such as the orders of protection and support determinations at issue here, are clearly judicial in nature. Bliven v. Hunt, 579 F.3d at 210. … This is the only allegation against Wright and, because of it is in relation to docketing, scheduling, and court proceedings, it clearly falls within that immunity. Foy v.