Case law

Beacon Syracuse Associates v. City of Syracuse

560 F. Supp. 188 · District Court, N.D. New York · Jan 7, 1983

This list of permitted uses, plaintiff maintains, clearly demonstrates that Block 100, designated “C.B.D. Retail,” was to provide, in the main, a retail establishment. … Block 100 was not successful as a retail establishment. Rather than allowing that Block to remain vacant, clearly defeating the purpose of the urban renewal, Block 100 was developed to provide another service.

Krol v. The Cottages at Garden Grove

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

The PREP Act establishes a Covered Countermeasures Process Fund (“CCPF”), which is administered by the Secretary. 42 U.S.C. § 247d-6e(a). … manufacture, distribution, sale, donation, purchase, marketing, promotion, packaging, labeling, licensing, use, any other aspect of safety or efficacy, or the prescribing, dispensing, or administration by qualified

Rich v. Akwesasne Mohawk Casino Resort

District Court, N.D. New York · Aug 6, 2024

The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP." … immunity.”

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

District Court, N.D. New York · Jun 21, 2022

The plaintiff, as the party invoking the court's jurisdiction, bears the burden of establishing standing. Susan B. Anthony List v. Driehaus, 573 U.S. 149, 158 (2014). … A handful of district courts have examined this issue and held that the language of GINA clearly evidences Congress' intention for GINA to apply to the states and abrogate Eleventh Amendment immunity. See Leming v.

Webster v. Fischer

694 F. Supp. 2d 163 · District Court, N.D. New York · Mar 9, 2010

The right of an ILC member to voice criticisms regarding prison conditions is also a clearly established constitutional right. Shaheen v. Filion, No. 9:04-CV-625, 2006 WL 2792739 , at *3 (N.D.N.Y. … To the contrary, the evidence in the record clearly establishes that the procedures that were provided to plaintiff were more than adequate to afford plaintiff the minimal process to which he was entitled.

Sotak v. Bertoni

District Court, N.D. New York · Nov 4, 2020

Accordingly, "[t]his framework places the initial burden of establishing a prime facie case of discrimination on the plaintiff, who must demonstrate that: (1) [she] is a member of protected class; (2) [she] was qualified … Dusanenko decided the matter on immunity grounds, but a substantial reduction in pay would seem to clearly qualify as an adverse employment action under the relevant body of case law.

Deja Bost v. Csco Henson, et al.

District Court, N.D. New York · Dec 3, 2025

App’x 65, 67 (2d Cir. 2019) (recognizing that, for purposes of qualified immunity analysis, “[c]ases in this circuit . . . have not clearly established a right to spousal visitation in prison”); Mills v. … App’x 65 (2d Cir. 2019) (“The upshot is that the law of the Second Circuit does not recognize a clearly established right of married partners to engage in either in-person visitation or telephonic communication

Story v. Fort Gordon

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

The undersigned has reviewed plaintiff's IFP 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. … Plaintiff's allegations are clearly “‘a case[] in which the complaint[s are] so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.’””

Burniche v. General Electric Automation Services, Inc.

306 F. Supp. 2d 233 · District Court, N.D. New York · Feb 12, 2004

Plaintiff’s prima facie case To satisfy her prima facie case, plaintiff here must prove that: “(1) she is a woman; (2) she was qualified for her position; (3) she was discharged; and (4) her firing occurred under circumstances … There is no dispute that plaintiff is a female, was qualified to be a drafter at the time she was fired, and was in fact fired.

Pravda v. City of Albany, NY

956 F. Supp. 174 · District Court, N.D. New York · Feb 11, 1997

David Duncan, filed a motion to dismiss Plaintiffs claims against them on the grounds of Eleventh Amendment immunity and absolute judicial immunity, respectively. … Although none of the motions presently before the Court address this claim, it is clearly barred by the Eleventh Amendment and must be dismissed. 11 .

Marcano v. City of Schenectady

38 F. Supp. 3d 238 · District Court, N.D. New York · Aug 13, 2014

The Court will not apply qualified immunity on the Section 1983 excessive force and failure to intervene claims at this time. … Because of the factual disputes concerning the level of force that was used and whether Plaintiff resisted arrest or presented an objectively reasonable threat to the officers’ safety, qualified immunity as to the excessive

Phipps v. New York State Department of Labor

53 F. Supp. 2d 551 · District Court, N.D. New York · Jun 24, 1999

Nothing in the HRL provides any basis for finding that New York State has waived its Eleventh Amendment immunity. See Kilcullen v. New York State Dep’t of Transp., 33 F.Supp.2d 133, 137 (N.D.N.Y.1999) (citing Mete v. … The defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, if believed by the trier of fact, would support a finding that unlawful discrimination was not the cause

Jeffes v. Barnes

20 F. Supp. 2d 404 · District Court, N.D. New York · Sep 16, 1998

When such government officials are sued in their personal capacities, “they may assert personal immunity defenses such as objectively reasonable reliance on existing law.” Id. … Any imposition of liability on the County under such circumstances would be tantamount to respondeat superior liability which the courts have clearly held is insufficient to establish section 1983 liability.

Kurtz v. The State of New York

District Court, N.D. New York · Jul 19, 2024

Eleventh Amendment immunity is lost only if Congress unequivocally abrogates states' immunity or a state expressly consents to suit. Gollomp v. … Main Document Only.In Ex Parte Young, 209 U.S. 123 (1908), the Supreme Court established an exception to state sovereign immunity in federal actions where an individual brings an action seeking injunctive relief against

Downey v. New York State Office for People with Developmental Disabilities

District Court, N.D. New York · Oct 25, 2024

In its Cross-Motion, Plaintiff concedes that sovereign immunity bars her ADA claim. See Cross-Mot. at 5. … Under the McDonell Douglass framework, Plaintiff “bears the initial burden to establish a prime facie case.” Graves, 457 F.3d 181 at 187.

Baptiste v. Ercole

766 F. Supp. 2d 339 · District Court, N.D. New York · Jan 21, 2011

The Appellate Division’s rejection of this claim was not contrary to or an unreasonable application of clearly established Supreme Court precedent. … Dalsheim, 864 F.2d 974 (2d Cir.1988)], petitioner has established, at most, that the state courts unreasonably applied clearly established Second Circuit precedent.

Keller v. Niskayuna Consolidated Fire District 1

51 F. Supp. 2d 223 · District Court, N.D. New York · Jun 8, 1999

Finally, the handling of the payroll was clearly part of the regular business of the hiring party. … O’Connor clearly establishes only that a volunteer who receives no benefits is not an employee. The defendants allege without dispute that the members of the Board of Fire Commissioners received no benefits.

Cooper v. New York State Office of Mental Health

958 F. Supp. 87 · District Court, N.D. New York · Mar 31, 1997

Under this analysis; plaintiff must first establish a prima facie ease of age discrimination. … Defendants do not dispute that Plaintiff was qualified in his position as Director of Quality Assurance.

Shields v. United States

District Court, N.D. New York · Apr 30, 2020

The undersigned has reviewed plaintiff's IFP application and has determined that plaintiff financially qualifies to proceed IFP.? Il. … “The doctrine of sovereign immunity is jurisdictional in nature,” Makarova v.

Brace v. Johnson

District Court, N.D. New York · Feb 18, 2022

See id. at ¶ 19. 2 Defendants now move for summary judgment, seeking to dismiss Plaintiff's complaint or, in the alternative, to establish that they are protected from liability under the doctrine of qualified … immunity.