Case law

Bond v. Dentzer

362 F. Supp. 1373 · District Court, N.D. New York · Jul 25, 1973

There are two elements necessary to establish a cause of action under § 1983. … The first element must establish that the plaintiff was deprived of a right secured by the Constitution; the second, that the defendant acted under color of law. Adickes v.

Ouderkirk v. Rescue Mission Alliance of Syracuse

District Court, N.D. New York · Oct 26, 2021

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2). … An impairment need not be permanent or chronic to qualify as a “disability” under the ADA. Hamilton v.

Cooper v. State of New York

District Court, N.D. New York · Mar 24, 2023

immunity argument, that defense is unavailable at this juncture in light of the factual disputes highlighted above. … Schott, 141 F.3d 412, 418 (2d Cir. 1998) (noting that a qualified immunity defense at the summary judgment stage requires that no dispute about material factual issues that inform that defense remain); see also Parker v.

Rodriguez v. Superintendent, Collins Correctional Facility

549 F. Supp. 2d 226 · District Court, N.D. New York · Apr 28, 2008

Accordingly, “clearly established precedent” relevant to petitioner’s claim does not include Crawford. See Williams v. … Clearly Established Supreme Court Precedent In general, federal courts cannot consider challenges to a state court’s evi-dentiary rulings.

Dockery v. United States

663 F. Supp. 2d 111 · District Court, N.D. New York · Oct 8, 2009

At trial, the defendant clearly indicated that it attempted to make secure both the paintball field and the camping area on LZ Owl, to ensure both were free of hazards. … Pecuniary Damages “Once a plaintiff establishes negligence as the proximate cause of [his] injuries, [he] is entitled to recover “a sum of money which will justly and fairly compensate ...

Barone v. The Lawyers Fund for Clients' Protection

District Court, N.D. New York · Dec 13, 2021

immunity. … In determining whether the judge acted within his or her jurisdiction, the judge’s jurisdiction is to be construed broadly, “and the asserted immunity will only be overcome when the ‘judge clearly lacks jurisdiction over

Johnson v. Ault

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

of Federal Rule of Civil Procedure 8 and thus did not establish any cognizable causes of action. … Aug. 25, 2011) (“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal . . . .”).

Malarczyk v. Lovgren

District Court, N.D. New York · Feb 8, 2022

This is so even though his other filings demonstrate that he is clearly aware of its importance on summary judgment. See Dkt. … “To avoid liability for a claim of false arrest, an arresting officer may demonstrate that either (1) he had probable cause for the arrest, or (2) he is protected from liability because he has qualified immunity.”

Goodwin v. LaPolla

589 F. Supp. 1423 · District Court, N.D. New York · Jun 19, 1984

Artessa’s replacement was eminently more qualified than he was and was also hired at a lesser salary. … Plaintiff was not qualified for the position he held and was not performing the duties to which he was assigned.

Greene v. Hawes

913 F. Supp. 136 · District Court, N.D. New York · Jan 17, 1996

The doctrine requires the Court “[to] dismiss a complaint seeking recovery under the Constitution or laws of the United States if the alleged federal claim either ‘clearly appears to be immaterial and solely made for the … The Court believes that, based on the facts as alleged by plaintiffs, such claims arguably qualify as “wholly insubstantial and frivolous” and fail to confer subject-matter jurisdiction for purposes of a Section 1983 claim

Dow Electric, Inc. v. International Brotherhood of Electrical Workers, Local Union No. 910

500 F. Supp. 2d 148 · District Court, N.D. New York · May 29, 2007

, workmanship, punctuality and all the other criteria that make up a qualified Electrician that can complete a project on time. … Pursuant to section 2.19 and 9.08-9.11 of the Agreement, the Union is clearly entitled to audit an employer’s payroll records.

Williams v. Johnson

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

immunity. … immunity.

Ramos v. Onondaga County District Attorney's Office

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

To do away with these requirements would disregard a requirement clearly set forth in an Act of Congress. See 28 U.S.C. § 1915(a)(2) (providing that the prisoner “shall” submit the information in question). … RELEVANT LEGAL STANDARD GOVERNING INTIAL REVIEW OF A COMPLAINT Ordinarily, the finding that Plaintiff does not qualify for IFP status would end

John

District Court, N.D. New York · Sep 15, 2026

“On a Rule 12(b)(5) motion to dismiss, the plaintiff bears the burden of establishing that service was sufficient.” Khan v. Khan, 360 Fed. App’x. 202, 203 (2d Cir. 2010) (citing Burda Media, Inc. v. … L.R. 15.1(a), and “the motion submitted by [ ] Plaintiff clearly outlines, lists and describes, within the body of the motion, the proposed changes[,]” Dkt. No. 18 at 4-5.

Barone v. The Lawyers Fund for Clients' Protection

District Court, N.D. New York · Dec 20, 2021

immunity. … In determining whether the judge acted within his or her jurisdiction, the judge’s jurisdiction is to be construed broadly, “and the asserted immunity will only be overcome when the ‘judge clearly lacks jurisdiction over

Parson

District Court, N.D. New York · Jan 20, 2026

Broadly speaking, Judge Katz determined that certain defendants had to be dismissed without leave to amend because they were immune from suit (the judges, prosecutors, private attorneys, and Monty and Michelman) and that … Although the dismissal of an indictment on speedy trial grounds will often qualify as a “favorable termination,” Kee v.

Coalition of New York State Carrier Schools, Inc. v. Riley

894 F. Supp. 567 · District Court, N.D. New York · Jan 6, 1995

Thus Congress has clearly spoken directly on the issue of the necessity of a refund policy. … Riley, 871 F.Supp. 1263 (C.D.Cal.1994), preliminarily enjoining enforcement of these same regulations, having clearly been a party to such action. 2 .

Ogalo v. NYS Thruway Authority

972 F. Supp. 2d 301 · District Court, N.D. New York · Sep 26, 2013

To establish a prima facie case, a plaintiff must initially show that: (1) he is a *307 member of a protected class; (2) he is qualified for the employment position he held; (3) he suffered an “adverse employment action;” … Plaintiff clearly satisfies the first and third prongs of the McDonnell Douglas analysis. As a native of Kenya, he is a member of a protected minority class.

Fink v. Catalano

District Court, N.D. New York · Mar 3, 2023

Furthermore, Officer Moran is entitled to qualified immunity on this claim because a reasonable officer in the same circumstances could have determined that the challenged conduct was lawful. … Gionfriddo, 910 F.3d 65, 70 (2d Cir. 2018) (“An officer is entitled [to] qualified immunity if ‘any reasonable officer, out of the wide range of reasonable people who enforce the laws in this country, could have determined

Steiner v. Dowling

914 F. Supp. 25 · District Court, N.D. New York · May 31, 1995

Regions shall be the same as those established by section 2807-c of the Public Health Law. … The legislative history demonstrates that this amendment “tightens restrictions on divestitures of assets in order to qualify for nursing home care at Medicaid expense ...” H.R.Doc.