Case law

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). “. . .

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.

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.

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.”

Ezekwo v. American Board of Internal Medicine

18 F. Supp. 2d 271 · District Court, S.D. New York · May 12, 1998

The Act provides for such immunity where a peer review process meets certain criteria and is undertaken to achieve certain statutorily permissible ends. 19 The Act establishes a rebuttable presumption of the peer review’s … But, Montefiore, on the other hand, has clearly established that a full and fair peer review process was used in this case, 21 and that it should properly receive immunity under the Act as to Dr.

GOSAIN v. State Bank of India

689 F. Supp. 2d 571 · District Court, S.D. New York · Jan 26, 2010

However, even if the letter correspondence constitutes a contractual agreement, the letter clearly indicates that funds may be remitted to Gosain’s bank account in the United States only after compliance with existing Indian … Here, Gosain relies entirely on conclusory allegations that are insufficient to establish personal jurisdiction. See Gmurzynska v.

Ackerman v. Columbia Broadcasting System, Inc.

301 F. Supp. 628 · District Court, S.D. New York · Jul 9, 1969

Clearly these provisions are not reached by plaintiffs’ charges. … But no exception exists to the $10,000 requirement simply because the alleged damages under the asserted claim may be incapable of measurement. 25 Thus, jurisdiction cannot be established under section 1331(a).

Garcha v. City of Beacon

351 F. Supp. 2d 213 · District Court, S.D. New York · Jan 3, 2005

Judicial acts performed by a duly authorized judicial officer are absolutely immunized, Mireles v. … immunity, which was personal to them and could not have been asserted by the City of Beacon.

Meiri v. Dacon

607 F. Supp. 22 · District Court, S.D. New York · Sep 26, 1984

Here the evidence clearly shows that, while plaintiff, an Orthodox Jew, is a member of a protected class and was discharged, she was not qualified for the position from which she was terminated. … As plaintiff has failed to demonstrate that she was qualified for the job from which she was terminated, she has failed to establish a prima facie case of discrimination.

Buckley v. Metropolitan Transportation Authority

District Court, S.D. New York · Sep 17, 2021

Qualified Immunity Defendants separately argue that summary judgment is warranted on Buckley’s false arrest claims because the Officers are entitled to qualified immunity under … “An officer is entitled to qualified immunity against a suit for false arrest if he can establish that he had ‘arguable probable cause’ to arrest the plaintiff.” Soto v.

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

Dilacio v. New York City District Council of United Brotherhood of Carpenters & Joiners

593 F. Supp. 2d 571 · District Court, S.D. New York · Dec 15, 2008

for immunity. … This is a policy consideration closely akin to that policy which grants immunity to judges. 1997 WL 177890 , at *8.

Griggs v. Criminal Court of the City of New York, County of New York, State of New York

District Court, S.D. New York · Apr 19, 2021

Qualified Immunity Under the doctrine of qualified immunity, court reporters are shielded from suit for civil damages as long as their conduct does not violate clearly … Fitzgerald, 457 U.S. 800, 818 (1982) (discussing standard for establishing qualified immunity).

United States v. Camacho

353 F. Supp. 2d 524 · District Court, S.D. New York · Feb 2, 2005

Thomas that he was trying to get immunity from prosecution, immunity from the court so he can actually take the weight for the shootings, but if he didn’t get the immunity that he couldn’t do it, because then he would probably … We have traditionally required that these matters be established by a preponderance of proof.

Minus v. New York City Police Department

District Court, S.D. New York · Dec 23, 2020

As noted, Defendants move for summary judgment on the ground that they are entitled to qualified immunity, which shields a law enforcement officer “from liability for damages if his ‘conduct d[id] not violate clearly established … App’x 507, 511 (2d Cir. 2002) (summary order) (“Although it is true that low-level employees have been granted qualified immunity where they followed orders promulgated by their superiors, immunity has been granted only

Fuentes v. City of New York Human Resources Administration

830 F. Supp. 786 · District Court, S.D. New York · Sep 13, 1993

The agency has made no contention that plaintiff is not qualified to be a sergeant, but rather solely that others who were promoted in the past were more qualified. … The allowance of interlocutory appeals from denials of motions claiming qualified immunity as a matter of law does not apply to injunctive relief. See Green v.

Scher v. National Ass'n of Securities Dealers

386 F. Supp. 2d 402 · District Court, S.D. New York · Jul 4, 2005

Id. at 82 , 773 N.Y.S.2d at 381 (noting that plaintiffs “disingenuously crafty” responses were “in toto ... clearly belied by the trial evidence”); People v. … Stock Exch., Inc., 125 F.Supp.2d 656, 658 (S.D.N.Y.2000) (noting that absolute immunity “is a matter not simply of logic but of intense practicality, since, in the absence of such immunity, the Exchange’s exercise of its

Status Time Corp. v. Sharp Electronics Corp.

95 F.R.D. 27 · District Court, S.D. New York · Mar 17, 1982

This clearly does not establish that the “documents [were] prepared in anticipation of litigation” within the meaning of Rule 26(b)(3), for “[i]t is not enough that the mere possibility of litigation exists”. … “Materials assembled in the ordinary course of business, or pursuant to public requirements unrelated to litigation, or for other nonlitigation purposes are not under the qualified immunity provided by this subdivision [26

Norales v. Acevedo

District Court, S.D. New York · Feb 24, 2021

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly … “To be clearly established, a legal principle must have a sufficiently clear foundation in then-existing precedent.” Wesby, 138 S. Ct. at 589.

Kohn v. Royall, Koegel & Wells

59 F.R.D. 515 · District Court, S.D. New York · Mar 5, 1973

. *518 The first ground is clearly without merit. … The common question in both professional and non-professional employment situations is not whether one individual is better qualified than another, but whether that individual is considered less qualified, not because of