Case law

Leeds v. Rossell

101 F. Supp. 481 · District Court, S.D. New York · Nov 2, 1951

Congress, in establishing a preference for veterans over “competing employees”, Sec. 861, without defining the words “competing employees”, must have intended that the Commission determine in the first instance which nonpreference … do not conflict-with the Act and are not clearly unreasonable.

Louime v. Camama

District Court, S.D. New York · Jan 31, 2023

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

Baptiste v. Griffin

District Court, S.D. New York · Jun 28, 2022

entitled to qualified immunity. … As such, “qualified immunity shields both state and federal officials from suit unless [1] the official violated a statutory or constitutional right that [2] was clearly established at the time of the challenged conduct

Ortiz v. Annucci

District Court, S.D. New York · May 22, 2020

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” Kisela v. Hughes, 138 S. … were violated, and they are entitled to qualified immunity.

Quinn v. Southgate Nelson Corp.

36 F. Supp. 873 · District Court, S.D. New York · Jan 16, 1941

It was not clothed with the sovereign immunity of the owner since as is well established, “the government does not become the conduit of its immunity in suits against its agents or instrumentalities merely because they do … Clearly, the latter should be applied since the plaintiff’s loss must be measured by the period during which it was to be expected that plaintiff and the decedent were alive together.

McKenzie v. City of New York

District Court, S.D. New York · Jul 22, 2019

Qualified immunity “depends upon whether the right plaintiff asserts is so clearly established that defendants should have known it.” Charles W. v. Maul, 214 F.3d 350, 353 (2d Cir. 2000). … Because the right to be free from such misconduct is clearly established, and because “no reasonably competent police officer could believe otherwise,” qualified immunity is unavailable on such aclaim. Jd.

Jones v. County of Westchester

District Court, S.D. New York · Mar 31, 2021

Immunity Defendants argue that three immunities—absolute immunity, qualified immunity, and statutory immunity—bar liability as to the individual County Defendants … As such, “qualified immunity shields both state and federal officials from suit unless [1] the official violated a statutory or constitutional right that [2] was clearly established at the time of the challenged conduct

United States v. Gregory

611 F. Supp. 1033 · District Court, S.D. New York · Jan 29, 1985

The sweep of the exception against the use of immunized testimony, under the clause “otherwise failing to comply with the order [of immunity],” extends to any conduct aimed at frustrating the purpose of the grant of immunity … The Government therefore may use Marshall’s immunized testimony to prosecute him for participation in the conspiracy charged in Count One and need not establish at a hearing or otherwise that the prosecution is based upon

Ex parte Joly

290 F. 858 · District Court, S.D. New York · Aug 28, 1922

The administrative departments of the army cannot give immunity for offenses or to offenders. No. 3 supra has been commented upon supra. … The question, under that section, is solely as to the power of Congress to regulate the administration of the military establishment.

United States v. New York Trust Co.

75 F. Supp. 583 · District Court, S.D. New York · Feb 4, 1946

Sovereign immunity is based on international law and it may be asserted even by an unrecognized government. Wulfsohn v. Russian Republic, 234 N.Y. 372 , 138 N.E. 24 . … Civil Practice Act, § 977-b) and he qualified as such receiver. A week later he demanded from the New York Trust Company any moneys due the Railway Company.

Komatsu v. The City of New York

District Court, S.D. New York · Sep 30, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … “A defendant is entitled to qualified immunity if (1) [the defendant’s] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively

MAN Ferrostaal, Inc. v. M/V VERTIGO

447 F. Supp. 2d 316 · District Court, S.D. New York · Aug 24, 2006

Clearly, no one state has an interest that predominates. … Cargo Plaintiffs urge nevertheless that application of the 1910 Convention would itself work a manifest injustice insofar as its application contradicts established' U.S. law and policy regulating liability of vessels in

Bloomfield v. MacShane

522 F. Supp. 2d 616 · District Court, S.D. New York · Nov 9, 2007

Consequently, it is well established that a federal issue raised by a defendant’s anticipated defense does not create federal question jurisdiction. … SBA Fund asserts that it is a "qualified trust” under this section. 4 .

JSP Agency, Inc. v. American Sugar Refining Co.

589 F. Supp. 612 · District Court, S.D. New York · Jun 26, 1984

As far as we can tell, these documents clearly establish that the NYSA had power to, and did, bind its members to pay its own subscription rates; and that the NYSA thought that its members were bound by the Amendment and … do not agree can be established simply by a declaration of antitrust immunity or by the intent of third parties.

Consolidated Rubber Tire Co. v. Diamond Rubber Co.

226 F. 455 · District Court, S.D. New York · Jul 22, 1915

This immunity extended to selling the rubber stock, and we may assume that it also extended to selling complete tires. … It was to protect his customers because only so could he get the fruits of his own decree of immunity.

Watson v. Dominican College

75 F. Supp. 2d 222 · District Court, S.D. New York · Nov 18, 1999

Also because of the grades he received he was no longer able to qualify for financial aid. … To state a claim under § 1985(3), a plaintiff must allege (1) a conspiracy; (2) for the purpose of depriving a person or class of persons of the equal protection of the laws or the equal privileges and immunities under the

Palermo v. Rockefeller

323 F. Supp. 478 · District Court, S.D. New York · Jan 15, 1971

Section 1983 did not abolish the common law immunity of judges. … Proof of such facts would establish a violation of plaintiffs’ Due Process rights.

Johnson v. Rockefeller

58 F.R.D. 42 · District Court, S.D. New York · Dec 18, 1972

McGhee, 172 U.S. 516, 530 , 19 S.Ct. 269, 274 , 43 L.Ed. 535 (1899)), that holding was qualified by Ex parte Young to the effect that “[t]he fact that the state officer by virtue of his office, has some connection with the … Since the statute has been extensively construed by the state courts, abstention is clearly inappropriate.

Freedom Holdings, Inc. v. Cuomo

592 F. Supp. 2d 684 · District Court, S.D. New York · Jan 12, 2009

The Court of Appeals, assuming Plaintiffs’ allegations as proved, held that the Escrow and Contraband Statutes do not qualify for Parker immunity because New York fails to satisfy both the “articulation” and “supervision” … By this statistical oversight, New York has satisfied the requirements for Parker immunity.

Orozco Ex. Rel Arroyo v. Sobol

703 F. Supp. 1113 · District Court, S.D. New York · Jan 19, 1989

As to his individual capacity, the Commissioner is entitled to qualified immunity “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Consequently, his motion to be dismissed in his personal capacity on the basis of qualified immunity must be denied.