Case law

Ismail v. Cohen

712 F. Supp. 416 · District Court, S.D. New York · May 3, 1989

See generally Tr. 222-262 (finding of lack of probable cause and no qualified immunity); Tr. 72, 82-95 (excessive force and battery claims); Tr. 72, 82, 95, 402-406 (showing of intent and malice). … Defendants’ contentions depend on a version of the facts which the jury clearly rejected.

Martinez v. Republic of Cuba

149 F. Supp. 3d 469 · District Court, S.D. New York · Feb 1, 2016

Standard Chartered Bank, 24 N.Y.3d 149, 160 , 996 N.Y.S.2d 594 , 21 N.E.3d 223 (N.Y.2014) (upholding separate entity rule as a “firmly established principle of New York law”).' … The Court need not decide whether Vera was correctly decided, because it ..ip clearly distinct from this case.

Ludlow Corporation v. DeSmedt

249 F. Supp. 496 · District Court, S.D. New York · Jan 25, 1966

We conclude that to compel them to produce evidence, wherever located, relevant and necessary to a determination of the charges made against them of violation of a statute under which they enjoy certain immunities is clearly … This is clearly an afterthought which was not raised by respondents in *503 answer to the petition, and it is overruled.

Mataraza v. Newburgh Enlarged City School District

294 F. Supp. 2d 483 · District Court, S.D. New York · Dec 4, 2003

City of Syracuse, 316 F.3d 324, 336 (2d Cir.2003) (officer not entitled to qualified immunity where officer failed to establish that “no reasonable officer in [his] position” would have believed it was lawful to arrest individual … Defendant also contends that the individual defendants would be entitled to qualified immunity, but because I find that the complaint cannot be amended based on a Pickering balancing test, I need not reach that issue. 3 .

Estate of Heiser v. Bank of Tokyo Mitsubishi UFJ

919 F. Supp. 2d 411 · District Court, S.D. New York · Jan 29, 2013

The FSIA establishes exclusive federal jurisdiction over actions against foreign states, 28 U.S.C. § 1330 , and includes a terrorism exemption for a foreign state’s immunity, 28 U.S.C. § 1605A. … As a wholly-owned subsidiary of Bank Sepah operating in London, BSI, like its parent company, qualifies as an “instrumentality” of the government of Iran. 28 U.S.C. § 1603 (b). D.EDBI.

Dar El-Bina Engineering & Contracting Co. v. Republic of Iraq

79 F. Supp. 2d 374 · District Court, S.D. New York · Jan 7, 2000

Thus, the FSIA clearly applies to this action. … In order to make this determination, it is necessary to distinguish clearly among the different promissory notes and their conditions of payment.

Atkinson

District Court, S.D. New York · Jun 29, 2026

Qualified Immunity The doctrine of qualified immunity shields individual government officials from civil liability unless their conduct violates “clearly established … Accordingly, dismissal on qualified-immunity grounds is appropriate only where the defendants' entitlement to the defense is established as a matter of law. Id. (quoting Citibank, N.A. v.

Seldon v. Goodman

487 F. Supp. 30 · District Court, S.D. New York · Feb 6, 1980

Consequently, even if a state court clerk is entitled to only qualified immunity from suit under section 1983, see Marty’s Adult World of New Britain, Inc. v. … The Court rejected the contention that the Constitution establishes an unqualified right to liberty: The Fourteenth Amendment does not protect against all deprivations of liberty.

Solin v. State University of New York

416 F. Supp. 536 · District Court, S.D. New York · Jun 28, 1976

SUNY contends that to allege a violation of the statute the complaint must at least assert (1) that the plaintiff belongs to a minority group, (2) applied for a position for which she was qualified, (3) was rejected for the … Even if, as defendant asserts, SUNY enjoys the immunity conferred on the states by the Eleventh Amendment because it is a corporation created by the New York State legislature to carry out governmental functions, that immunity

Hardy v. Lomenzo

349 F. Supp. 617 · District Court, S.D. New York · Oct 18, 1972

shall provide by law for the casting of absentee ballots ... by all duly qualified residents of such State who may be absent . . .”. … The distinction is clearly recognized in Dunn v. Blumstein, 405 U.S. 330 at 343 , 92 S.Ct. 995 at 1003-1004 , 31 L.Ed.2d 274 (1972). “. . .

Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills

701 F. Supp. 2d 568 · District Court, S.D. New York · Mar 31, 2010

The Limits of First Amendment Immunity for Lawsuits Under the Fair Housing Act, 27 Pepp. … a "demonstrated interest in the potential environmental impacts” to establish standing.

Themis Capital, LLC v. Democratic Republic of Congo

881 F. Supp. 2d 508 · District Court, S.D. New York · Jul 26, 2012

An exception to, or waiver of, each type of immunity must be independently established. See Walters v. … The governmental act in question here is, clearly, an exercise of power “that can also be exercised by private citizens.” Nelson, 507 U.S. at 360 , 113 S.Ct. 1471 .

Brown v. DeFilippis

695 F. Supp. 1528 · District Court, S.D. New York · Sep 12, 1988

A party seeking to vacate a default need not conclusively establish the validity of a defense but merely that the defense raises a serious question. Davis v. Musler, 713 F.2d 907, 916 (2d Cir.1983). … Berry contends, inter alia, that he acted in good faith in conducting the search and that he is entitled to qualified immunity.

McGehee v. Albright

210 F. Supp. 2d 210 · District Court, S.D. New York · Jun 24, 1999

have recognized the immunity of United Nations officials. … February 17, 1993) (dismissing pursuant to Rule 12(b)(1) a claim against the United Nations on immunity grounds, and noting that “sua sponte dismissal under Rule 12(b)(1) clearly is appropriate”) (citing Federal Rule of Civil

United States v. Camacho

163 F. Supp. 2d 287 · District Court, S.D. New York · Oct 1, 2001

or deny immunity was permissible only in “limited circumstances.” … trial clearly corroborates the truth of Cherry’s statement.

United States Ex Rel. Feldman v. City of New York

808 F. Supp. 2d 641 · District Court, S.D. New York · Sep 1, 2011

It is well-established that the FCA “reaches claims that are rendered false by one party, but submitted to the government by another.” Mason v. … Salina Regional Health Center, Inc., 543 F.3d 1211, 1215 (10th Cir.2008) (discharged physician alleging that the defendant hospital violated the FCA because it hired under-qualified scrub staff).

Blair Holdings Corporation v. Rubinstein

133 F. Supp. 496 · District Court, S.D. New York · Jul 19, 1955

The federal courts have not hesitated to deny alienage jurisdiction where one of the litigants did not clearly meet, the jurisdictional requirements of the statute. In Pannill v. … This contention fails to recognize the difference between sovereign immunity and jurisdiction founded on diversity.

Vann v. Sudranski

District Court, S.D. New York · Jun 4, 2020

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “A qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

National Lawyers Guild v. Attorney General

96 F.R.D. 390 · District Court, S.D. New York · Dec 20, 1982

See Note, The Military and State Secrets Privilege: Protection for the National Security or Immunity for the Executive? … A qualified privilege is applicable though.

Janes v. Triborough Bridge & Tunnel Authority

977 F. Supp. 2d 320 · District Court, S.D. New York · Oct 16, 2013

to sue under the Privileges and Immunities Clause. … Rhode Island and to establish residence there.”