Case law

Murphy v. Middletown Enlarged City School District

525 F. Supp. 678 · District Court, S.D. New York · Oct 29, 1981

It was clearly a deficiency as one of the most important tools which the post entailed. … Leone testified that recruitment was the “heart of the plan”; that the goal was to make all those potentially qualified aware that an opening existed. 177 Further, the affirmative action plan clearly set forth the district

Suarez v. Sullivan

District Court, S.D. New York · Dec 21, 2021

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. … “The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was clearly established; and (3) even if the right was clearly

Bravin v. Center

186 F.R.D. 293 · District Court, S.D. New York · Apr 14, 1999

The Second Circuit has held that to state a claim under the RA, plaintiffs must establish that: (1) they are “handicapped persons” under the RA; (2) they are “otherwise qualified” to participate in the offered activity or … It is enough for the plaintiff to suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.

City of Peekskill v. Rehabilitation Support Services, Inc.

806 F. Supp. 1147 · District Court, S.D. New York · Nov 18, 1992

HUD, however, clearly believed that the waiver provision applied; it suggested that RSS could seek such a waiver. … And at oral argument, plaintiff conceded that it does not qualify as an ESG formula city.

Dubois v. Detective Jim Tassone

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

Qualified Immunity Defendants argue that qualified immunity bars Plaintiff’s false arrest claim, and do not explain how qualified immunity would support summary … 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

Campbell v. Fernandez

54 F. Supp. 2d 195 · District Court, S.D. New York · May 21, 1999

Defendants’ claim that they are entitled to qualified immunity must also go to trial. … The question of whether, in the circumstances presented, it was objectively reasonable for the officers to strip a man in a public place and force him to expose his most intimate body parts to public view is clearly an issue

Megginson v. The City of New York

District Court, S.D. New York · Mar 25, 2025

should dismiss the claims against them based on qualified immunity. … The doctrine of qualified immunity generally shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Harrisville Company v. Home Insurance Company

129 F. Supp. 300 · District Court, S.D. New York · Sep 27, 1954

Thus, unless the defendants can qualify under section 1441 (c), the motion to remand should be granted. … The party alleging jurisdiction of this Court must clearly establish it. If right of removal is in doubt jurisdiction of this Court should be denied.

McLaurin v. New Rochelle Police Officers

368 F. Supp. 2d 289 · District Court, S.D. New York · May 5, 2005

Plaintiff asserts that the actions taken against him after the August 6, 2001 arrest could only be the result of a conspiracy, as it “was clearly the result of a coordinated effort by more than one individual.” (Am. … However, it is well settled that a municipality is immune from punitive damages. City of Newport v.

Israel v. Abate

949 F. Supp. 1035 · District Court, S.D. New York · Dec 11, 1996

In any event, the individual defendants are protected by qualified immunity. … Qualified immunity shields government employees from liability for conduct which is objectively reasonable and “does not violate clearly established ... constitutional rights of which a reasonable person would have known.

Batista v. New York Police Department

District Court, S.D. New York · Apr 3, 2020

The Supreme Court has “lately emphasized the breadth of qualified immunity protection,” particularly with regard to the clearly established prong. Francis v. … Moreover, Plaintiff’s right to be free from the use of excessive force was, then and now, a clearly established right, such that the factual disputes identified by the Court preclude qualified immunity as a matter of law

Okafor v. New York State Insurance Fund

District Court, S.D. New York · Aug 8, 2025

The plaintiff alleges that he was well qualified for the position. Id. ¶ 113. … NYSIF’s sovereign immunity is well-established. See Perry v. State Ins. Fund, 83 F.

In Re Methyl Tertiary Butyl Ether Products Liability Litigation

522 F. Supp. 2d 569 · District Court, S.D. New York · Nov 7, 2007

Municipal Water District Law of 1911, Division 20 (commencing with Section 71000) of the Water Code.” 40 To raise funds to pay for the services, a community services district such as Quincy is authorized by section 61115 to establish … Mora, 805 F.2d 440 (1st Cir.1986) (holding that a breach of contract action by the Department of Health for the Commonwealth of Puerto Rico did not qualify as an exercise of police or regulatory power even if related to the

Israel v. Abate

949 F. Supp. 1035 · District Court, S.D. New York · Dec 11, 1996

In any event, the individual defendants are protected by qualified immunity. … Qualified immunity shields government employees from liability for conduct which is objectively reasonable and "does not violate clearly established ... constitutional rights of which a reasonable person would have known.

In re Naturalization of Chow

146 F. Supp. 487 · District Court, S.D. New York · Dec 14, 1956

States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities … An alien who was “lawfully admitted” qualified by just serving in the Armed Forces.

Doe v. Helen Hayes Hospital

District Court, S.D. New York · Dec 16, 2024

Likewise, there was no purpose in considering Plaintiff’s arguments concerning qualified immunity. … Second Sanctions Br. at 6-10), which forms the basis for her argument that the qualified immunity defense is frivolous.

Tin Pan Apple, Inc. v. Miller Brewing Co., Inc.

737 F. Supp. 826 · District Court, S.D. New York · May 14, 1990

Parody, then, qualifies generally as fair use in copyright law. … And I conclude that a work, clearly copied from a protected work (as I am bound to regard the defendants’ work at bar) must be a valid parody if it is to qualify even for consideration as an example of fair use under § 107

REA Express, Inc. v. Alabama Great Southern Railroad Co.

343 F. Supp. 851 · District Court, S.D. New York · Jun 5, 1972

A sinking fund was established for the purpose of paying interest and principal on the notes into which REA undertook to pay each year an amount equal to 10% of its net income for the year. … creditor railroads in exchange for the Non-Negotiable Debt and held that this was “necessary and appropriate for and consistent with the proper performance by it of service to the public as a common carrier. . . . ” This is clearly

Dominicus Americana Bohio v. Gulf & Western Industries, Inc.

473 F. Supp. 680 · District Court, S.D. New York · Jul 11, 1979

The plaintiffs include one individual and a number of corporations, all affiliated in an endeavor to establish hotel and condominium accommodations there. … Such governmental actions, however, are said to be immune from judicial scrutiny.

A & J PRODUCE CORP. v. CIT Group/Factoring, Inc.

829 F. Supp. 651 · District Court, S.D. New York · Aug 19, 1993

The statute and regulations clearly contemplate that the parties must set forth such agreements in writing to be effective ... … The U.S.D.A. did not qualify any of UFS’s claim.