Case law

Bakhshandeh v. American Cyanamid Company

211 F. Supp. 803 · District Court, S.D. New York · Nov 19, 1962

In the case at bar, plaintiff has clearly failed to sustain his burden of establishing the malice or lack of good faith on the part of Manet which is requisite to removal of the “qualified privilege” protection. … The fact that Manet had, years earlier, secured a false medical diploma is, in no sense, sufficient to establish malice, though it clearly must be taken into account and requires the Court to exercise particular care in scrutinizing

Highview Properties D.H.F. Inc. v. Town of Monroe

District Court, S.D. New York · Jun 9, 2022

Qualified immunity “is an entitlement not to stand trial under certain circumstances. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

New Jersey Department of Environmental Protection v. Atlantic Richfield Co.

274 F.R.D. 106 · District Court, S.D. New York · Mar 8, 2011

“The standard for testing the adequacy of the privilege log is whether, as to each document, it sets forth specific facts that, if credited, would suffice to establish each element of the privilege or immunity that is claimed … In order to qualify as privileged, however, the documents also must be deliberative.

Hewes v. Abrams

718 F. Supp. 163 · District Court, S.D. New York · May 5, 1989

Indeed, “it is not too much to ask that plaintiffs who seek such interim relief establish a probability of success on the merits.” Id. … In order to succeed on his application for injunctive relief, plaintiff must establish a likelihood of success on the merits.

Vickers-Pearson v. City of New York

District Court, S.D. New York · Sep 24, 2020

Defendant Brown Is Entitled to Qualified Immunity Summary judgment is also proper independent of Plaintiff’s failure to establish a failure-to-protect claim because Officer Brown is entitled to qualified … “[O]fficers are entitled to qualified immunity under § 1983 unless [i] they violated a federal statutory or constitutional right, and [ii] the unlawfulness of their conduct was ‘clearly established at the time.’”

D'Amico v. City of New York

955 F. Supp. 294 · District Court, S.D. New York · Mar 31, 1997

To establish a prima facie case of employment discrimination under this statute, a plaintiff must prove that: (1) he is an “individual with a disability,” (2) he was “otherwise qualified” for a position, (3) he was denied … The court concludes that defendants have established, beyond any triable issue of fact, that D’Amico was not “otherwise qualified” within the meaning of the statute.

Friedman v. Perales

616 F. Supp. 1363 · District Court, S.D. New York · Aug 27, 1985

However, Burford is clearly distinguishable. As this court noted in Aishel Avraham Residential Health Facility v. Perales, 84 Civ. 3884 (S.D.N.Y. … The state argues that all federal claims should be dismissed by reason of its Eleventh Amendment immunity.

United States v. City of New York

713 F. Supp. 2d 300 · District Court, S.D. New York · May 13, 2010

Indeed, two men interviewed — Frank Mota and Carlos Estrada — had no qualifying work experience whatsoever, as established by their resumes and by testimony of Tohl and Defendants’ Rule 30(b)(6) witness Paul Kahn. … Moreover, her completion of the Local 806 apprenticeship program and ability to do grueling work like “running the hoppers” clearly distinguished her as qualified.

DiPompo v. West Point Military Academy

708 F. Supp. 540 · District Court, S.D. New York · Mar 2, 1989

In addition, as the Court points out, pre-emption of all other statutory remedies for employment discrimination is mandated by the policies of sovereign immunity, which require a waiver of that immunity to be read as narrowly … DiPompo may establish a prima facie case of unlawful discrimination by proving that: (1) his dyslexia makes him a handicapped person within the meaning of the Rehabilitation Act; (2) except for his dyslexia, he is qualified

Deniran v. Museum of Modern Art

District Court, S.D. New York · Aug 1, 2022

Compl. { 9 (alleging that MoMA terminated Plaintiffs employment on October 21, 2021). 3 Plaintiff raises the additional objection that “[d]ismissal for failure to state a claim on qualified immunity grounds is generally … The Court does not address this objection because Defendants’ motion does not contain any reference to qualified immunity.

Pesce v. New York City Police Department

159 F. Supp. 3d 448 · District Court, S.D. New York · Feb 5, 2016

A plaintiff must show that he can perform the essential functions without accommodation or “suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.” … Haut, who both conclude that Pesce is qualified to perform all the duties of a police officer.

Olmo

District Court, S.D. New York · Feb 12, 2026

that the right was clearly established at the time of the challenged conduct.’” … It follows that Defendants are entitled to qualified immunity — and thus summary judgment — with respect to her false arrest claim. C.

Korzenik v. Marrow

401 F. Supp. 77 · District Court, S.D. New York · May 19, 1975

. § 1983 for a declaratory judgment and injunction ordering The Town Club of Scarsdale to admit otherwise qualified women to membership. … The Supreme Court has stated that: “While the principle that private action is immune from the restrictions of the Fourteenth Amendment is well established and easily stated, the question whether particular conduct is ‘private

Hekmat v. U.S. Transportation Security Administration

247 F. Supp. 3d 427 · District Court, S.D. New York · Mar 29, 2017

We agree. 5 Under the traditional doctrine of sovereign immunity, the United States is immune from suit unless it has waived immunity. Coulthurst v. United States, 214 F.3d 106, 108 (2d Cir. 2000). … The TSA’s oversight and hiring procedures also clearly involve matters of public policy.

Dowling v. Venable

District Court, S.D. New York · Jul 26, 2021

However, when they perform acts that are “administrative or investigatory in nature,” they only have qualified immunity, meaning that they are shielded from liability only insofar as their conduct does not violate “clearly … In any event, as discussed below, even if Venable is only entitled to qualified immunity, Plaintiff fails to allege facts sufficient to suggest that Venable violated his “clearly established” constitutional rights.

Town of New Windsor v. Ronan

329 F. Supp. 1286 · District Court, S.D. New York · Aug 12, 1971

The New York Legislature passed in April of this year, and amended in May, “An Act to authorize the establishment of an airport for the accommodation of domestic and international air travel and freight transport at Stewart … However that is decided, the second seems more clearly erroneous.

Sauer v. Town of Cornwall

District Court, S.D. New York · Sep 30, 2022

Qualified Immunity Defendants contend that Chief Hazard is entitled to qualified immunity. (Defs. Mot. at 12.) … The doctrine of qualified immunity shields government officials acting in their official capacity from suits for damages unless their actions violate clearly established rights of which an objectively reasonable

Pastre v. Weber

717 F. Supp. 992 · District Court, S.D. New York · Jul 28, 1989

The foregoing reasoning eliminates any claim of qualified immunity under Anderson v. Creighton (1987), 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 . … Although plaintiff has not established that it is more probable than not that the lacerating blow to the back of the head occurred outside the car, he did sustain other injuries to his head, shoulders, ribs and groin, all

Guaranty Mortgage Co. v. Z.I.D. Associates, Inc.

506 F. Supp. 101 · District Court, S.D. New York · Jul 18, 1980

Plaintiff’s first argument, that as a national bank it is immune to the application of state laws conflicting with its congressionally granted powers, rests on the crucial assumption that plaintiff’s activities as a mortgage … On this ground of decision Grand Bahama is clearly distinguishable.

Spock v. United States

464 F. Supp. 510 · District Court, S.D. New York · Dec 18, 1978

Thus the above provision, which was not effective during the period covered by this action, deprived the United States of the sovereign immunity it clearly enjoyed during the period in suit in cases involving Bivens -type … August 5, 1975) (holding that 18 U.S.C. §§ 2510 (6) and 2520 do not constitute a waiver of sovereign immunity). 5 .