Case law

Sanno v. Preiser

397 F. Supp. 560 · District Court, S.D. New York · May 20, 1975

Thus on August 27, 1974, a special review procedure was established for certain classes of offenders, following which plaintiff’s request for furlough was denied on October 17, 1974. … The factors upon which the denials of plaintiff’s applications were based accorded with state procedures and were for reasons articulated by the decision-maker 5 and reflect clearly rational criteria for the State to use

Baidu, Inc. v. Register. Com, Inc.

760 F. Supp. 2d 312 · District Court, S.D. New York · Jul 22, 2010

This may be true as a general matter, but Register did undertake to provide web site security and established protocols to do so. See Morgan Stanley & Co. v. J.P. … The first prong of the motion fails, as the statutory immunity for domain registrars is inapplicable.

Sabino v. Port Authority Police Department

District Court, S.D. New York · May 7, 2025

immunity; (3) the plaintiff has failed to establish that the PAPD is liable under Monell v. … “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

Wheeler v. Doe

District Court, S.D. New York · Nov 16, 2020

In the absence of probable cause, an arresting officer is still entitled to qualified immunity if he can establish that there was “arguable probable cause” to arrest. Escalera v. … As to Defendant’s qualified immunity defense, the Court will not revise the summary judgment rules to test such a defense when faced with clearly disputed material facts regarding whether such a search in fact occurred.

De La Cruz v. New York City Human Resources Administration Department of Social Services

884 F. Supp. 112 · District Court, S.D. New York · Apr 18, 1995

Plaintiff has failed to establish a prima facie case because he has no evidence to show he was qualified for the position, that he suffered adverse employment action, or that there was discrimination. … However, plaintiff failed to demonstrate that he was qualified for the position of case worker in unit 703.

Clinch v. Spence

207 F. Supp. 2d 262 · District Court, S.D. New York · Jun 26, 2002

Defendants also claim that the Town Board members are protected by absolute judicial immunity, that the Town Board members also enjoy qualified immunity, and that no col-orable claim lies against defendant Spence because … In order, for Clinch to prevail under a procedural due process claim, he must show , that the “procedural safeguards ... established by the state are insufficient to protect [his] rights.”

Druss v. Town of Clarkstown

District Court, S.D. New York · Aug 26, 2022

In the absence of probable cause, an arresting officer is still entitled to qualified immunity if he can establish that there was “arguable probable cause” to arrest. Escalera v. … “Thus, the analytically distinct test for qualified immunity is more favorable to the officers than the one for probable cause[, and] ‘arguable probable cause’ will suffice to confer qualified immunity for the arrest.”

United States v. Ghailani

686 F. Supp. 2d 279 · District Court, S.D. New York · Nov 18, 2009

In consequence, the intramilitary immunity cases' — although both the intramilitary immunity and political question doctrines stem from similar structural and policy concerns, and courts understandably and frequently have … provides that a court “in the interests of justice” may “substitute one appointed counsel for another at any stage of the proceeding.” 116 Defense counsel correctly note that the military justice system does recognize a qualified

Grimes v. Fremont General Corp.

785 F. Supp. 2d 269 · District Court, S.D. New York · Mar 31, 2011

In addition to these requirements, the creditor is required to “clearly and conspicuously disclose” this rescission right. Id. … See Ng, 2010 WL 889256 , at *8 (concluding that § 1635 was inapplicable to a transaction that “clearly qualifies as a ‘residential mortgage transaction’ ” because “it [was] undisputed that the two mortgages entered into by

Matthews v. New York Life Insurance

780 F. Supp. 1019 · District Court, S.D. New York · Jan 17, 1992

At first glance, none of the named defendants appears to qualify as a Title VII “employer.” … For example, mere control of entry into a building where an individual engages in work, for example, would not be sufficient to establish interference with employment opportunities; plaintiff will need to establish NYLIC’

Arciola

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

“clearly established constitutional norms of which an objectively reasonable person should have been aware.” … Parole officers can receive qualified immunity for their actions in preparing violation reports and recommending arrest warrants, which are administrative and investigatory tasks. Id. at 112.

Livingston

District Court, S.D. New York · Feb 9, 2026

He alleges that the Clerk’s Office “has exceeded its ministerial authority by making discretionary legal determinations that prevent judicial review, violate clearly established procedural rights, and deny constitutional … According to Plaintiff, he sues the judges “for administrative acts,” for which they are entitled to only qualified immunity, not absolute judicial immunity. (Id. at 8.)

Spirt v. Teachers Insurance & Annuity Ass'n

475 F. Supp. 1298 · District Court, S.D. New York · Sep 12, 1979

Accordingly, defendants have not established a defense based upon the Bennett Amendment. F. … There the Supreme Court clearly stated that § 1985(3) creates no substantive rights, but is rather “a purely remedial statute, providing a civil cause of action when some otherwise defined federal right . is breached by a

Mohamed v. Marriott International, Inc.

905 F. Supp. 141 · District Court, S.D. New York · Oct 24, 1995

A prima facie case is established when the plaintiff demonstrates that (1) he is a qualified individual with a disability, (2) he has suffered an adverse employment action, and (3) a causal connection exists between the adverse … As established above, a genuine issue of material fact exists as to whether or not Mohamed was a qualified individual under the meaning of the ADA.

Astra Media Group, LLC v. Clear Channel Taxi Media, LLC

679 F. Supp. 2d 413 · District Court, S.D. New York · Dec 29, 2009

Conduct not immunized under the Noerr-Pennington Doctrine As stated above, the Noerr-Pennington doctrine does not immunize conduct independent of a citizen petition. … Rather, the non-moving party must produce specific facts sufficient to establish the existence of a genuine issue of fact. See Celotex Corp. v.

JF ex rel. DF v. Carmel Central School District

168 F. Supp. 3d 609 · District Court, S.D. New York · Mar 2, 2016

On the one hand, the record clearly demonstrates that DF sent threatening text messages to JM, which instigated the fight, and that DF threw the first punch. … Having granted Defendants’ motion on Plaintiffs' § 1983 due process and equal protection claims, the Court need not determine whether any of the Defendants are entitled to qualified immunity. .

Vaughn v. Mobil Oil Corp.

708 F. Supp. 595 · District Court, S.D. New York · Mar 17, 1989

CBS, Inc., 652 F.Supp. 1023 , this Court held that in order to make out a prima facie case in a reduction-in-force case, plaintiffs must establish that: (1) they are within the protected class; (2) they were qualified to … The plaintiffs clearly are of the race and age the statutes seek to protect. 10 Plaintiffs also have established the second element necessary for a prima facie case since defendant concedes that plaintiffs were qualified

Lo Re v. Chase Manhattan Corp.

431 F. Supp. 189 · District Court, S.D. New York · Mar 25, 1977

or promote qualified women less rapidly than similarly situated men; 5) defendants discriminate against qualified women in training programs; 6) defendants discriminate along sex lines in the area of pay and fringe benefits … The common question here is not “whether one individual is better qualified than another, but whether that individual is considered less qualified, not because of his or her own worth, but because of discrimination forbidden

Stewart v. Wappingers Central School District

493 F. Supp. 791 · District Court, S.D. New York · May 16, 1980

Rather, the testimony was to the effect that Stewart was simply not qualified for the position. … On the contrary, Adams’ testimony was that he did not feel Stewart was qualified for the position.

Duna v. The City of New York

District Court, S.D. New York · Sep 27, 2019

Qualified Immunity For false arrest claims, an officer is entitled to qualified immunity if he can establish that there was “arguable probable cause” to arrest. … The standard of review for qualified immunity is intentionally “forgiving,” Zalaski v.