Case law

Burke v. Warren County Sheriff's Department

890 F. Supp. 133 · District Court, N.D. New York · Jun 30, 1995

Clearly, material issues of fact exist on the issue of Greene’s duty. … Plaintiffs motion for reconsideration clearly is untimely.

Bagner v. United States

428 F. Supp. 2d 101 · District Court, N.D. New York · May 2, 2006

These policies are expressed in the Corps’ Sign Standards Manual (“Manual”), which established standard guidelines for the use of signs that communicated information to the public. … They sued the Corps under the SIAA, and the Corps claimed that the discretionary function exception rendered them immune from liability. Id. at 427 .

Weilburg v. Rodgers

District Court, N.D. New York · Jul 14, 2022

“[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 . . . .” Machicote v. … And Plaintiff also must 2 To the extent Plaintiff claims that Defendant ADA Rodgers failed to prosecute Defendant Koss for suborning perjury or Richard Castellane for making a false statement, it is well-established that

Santiago v. City of Rome

District Court, N.D. New York · Feb 19, 2025

Finally, Defendants claim that the BWC footage “conclusively” shows “that the acts taken by the police officers were in good faith and supported by a reasonable basis, thus warranting qualified immunity from the state law … of qualified immunity.

Power Authority v. Department of Environmental Conservation

379 F. Supp. 243 · District Court, N.D. New York · May 2, 1974

The Supreme Court clearly drew this analogy in McKart v. … To my mind, and to be frank, the state courts of New York are a far more appropriate forum for the plaintiff to challenge the scope of the hearings on its two contentions of the immunity conferred by the New York State Legislature

Brandon v. Board of Education

487 F. Supp. 1219 · District Court, N.D. New York · Apr 16, 1980

In fact, Education Law § 414 would clearly serve' to prohibit such use. … Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights and liberties of citizens.

Altimonte v. Leboz

District Court, N.D. New York · Jul 21, 2021

Plaintiff's claim against Warden Artuz is that he “fail [sic] to qualify as warden.” … It is similarly well established that an inmate's initiative, ... dismiss the complaint”).

Swearingen v. Long

889 F. Supp. 587 · District Court, N.D. New York · Jun 28, 1995

A report clearly labeled “DRAFT,” evidently prepared by William R. … It is well established in New York that “[t]o support a private action for public nuisance, the complainant must establish special damages of a different kind from that suffered by other persons exercising the same public

United States Ex Rel. Gold v. Morrison-Knudsen Co.

870 F. Supp. 457 · District Court, N.D. New York · Nov 18, 1994

The fact that [he] conducted some collateral research and investigations ... as would *460 be customary in such litigation, does not establish ‘direct and independent knowledge of the information on which the allegations … [rather, the public disclosure of the Government] was clearly the source of the core information.

Polite v. Casella

901 F. Supp. 90 · District Court, N.D. New York · Oct 18, 1995

is not available to enforce a violation of a federal statute “where Congress has foreclosed such enforcement of the statute in the enactment itself and where the statute did not create enforceable rights, privileges, or immunities … In Count Three of the Complaint, paragraphs 49, 50, and 57 1 clearly name defendants Smith, DSS, and Broome County as parties who contributed to the alleged termination of plaintiffs parental rights without due process of

Vaphides

District Court, N.D. New York · Jul 23, 2026

Sovereign Immunity Because sovereign immunity operates as a jurisdictional limitation, the Court addresses it first. See Baroni v. … Absent even a cursory attempt to establish its entitlement to sovereign immunity, the Court must reject the District’s argument that sovereign immunity bars plaintiff’s disability discrimina- tion claims.

House v. Commissioner of Social Security

32 F. Supp. 3d 138 · District Court, N.D. New York · Mar 23, 2012

Plaintiff clearly has a spine disorder. The ALJ found Plaintiffs degenerative change of the lumbosacral spine to be a severe impairment. (T at 15). … Jan. 22, 2004) (“State agency physicians are qualified as experts in the evaluation of medical issues in disability claims.

Silva v. State of New York

District Court, N.D. New York · Jan 23, 2024

ANALYSIS Plaintiff seeks relief pursuant to Section 1983, which establishes a cause of action for " 'the deprivation of any rights, privileges, or immunities secured … 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 a state official for

Fizulich v. Killings

District Court, N.D. New York · Jul 20, 2023

While claims under Title VI are subject to the burden-shifting framework2 established in McDonnell Douglas Corp. v. … Albany based on Eleventh Amendment immunity); Wolff v.

Chavan v. Drysdale

513 F. Supp. 990 · District Court, N.D. New York · May 11, 1981

Given that the latter determination is committed to the discretion of the INS, this Court clearly may not now direct the INS to adjust the status of petitioners to that of permanent residents. … of performing skilled or unskilled labor, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that (A) there are not sufficient workers who are able, willing, or qualified

Trapani v. Sypniewski

District Court, N.D. New York · Mar 7, 2024

Judicial Immunity Even to the extent not barred by the applicable statute of limitations, claims against Defendant Sypniewski are subject to dismissal on immunity grounds. … This conduct clearly relates to the official duties of a judge and so Plaintiff's claims in this regard are barred by absolute immunity. Bliven v.

New York State Higher Education Services Corp. v. Naramore (In Re Naramore)

3 B.R. 709 · District Court, N.D. New York · Mar 18, 1980

Although Section 1087-3 has been repealed by Section 402(d) of the Bankruptcy Act, it did not “so expressly provide” for immunity from suits filed previously to the date Section 1087-3 was repealed. … On remand, should the testimony of these employees establish the validity of such a reinsurance relationship, then the bankruptcy judge should deem this agreement properly made under Sections 1071 et. seq. V.

Keir

District Court, N.D. New York · Dec 1, 2025

“A non- intervening police officer becomes liable when ‘such failure permitted fellow officers to violate . . . clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Furthermore, any adjudication as to the applicability of the qualified immunity defense would be premature at this juncture, since “[r]esolution of qualified immunity depends on the determination of certain factual questions

Lesson v. Jane Doe / State Trooper

District Court, N.D. New York · Mar 26, 2025

“It is well-established Cir. 2010) (summary order) (citation omitted); see Iwachiw, 217 F. … Nature of Action Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, which establishes a cause of action for “ ‘the deprivation of any rights, privileges, or immunities

Lee v. Glessing

140 F. Supp. 2d 215 · District Court, N.D. New York · Apr 19, 2001

The burden of establishing a prima facie case “is not onerous.” Texas Dep’t of Community Affairs v. … Id. (“ ‘[Ejven a single incident of sexual assault sufficiently alters the conditions of the victim’s employment and clearly creates an abusive work environment’ under Title VII”) (quoting Tomka v.