Case law

In Re Grand Jury Subpoenas Addressed to Heuwetter

584 F. Supp. 119 · District Court, S.D. New York · Mar 1, 1984

Significantly, in its analysis the court noted that the Government clearly did not know the identity of some of the corporations. … First, as noted above, the individual asserting the privilege has the burden of establishing all the requisite elements of the privilege.

McAvey v. Orange-Ulster BOCES

805 F. Supp. 2d 30 · District Court, S.D. New York · Aug 12, 2011

Sept. 21, 2006) (“Mere reprimands or threats of disciplinary action, absent any other negative results, such as a decrease in pay, do not qualify as adverse employment actions.”); Stembridge v. … Qualified Immunity Is Denied Here, the individual defendants argue that they are entitled to qualified immunity because Plaintiff has not established that a violation of her First Amendment rights has occurred.

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. .

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.

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.

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.)

Jean-Laurent v. Wilkerson

438 F. Supp. 2d 318 · District Court, S.D. New York · Jul 6, 2006

This allegation clearly falls into the third Colon category and thus properly states a claim that Horn was personally involved in violating Jean-Laurent’s constitutional rights. See Colon, 58 F.3d at 873 . … The Court does not consider the issue of qualified immunity in this motion since Defendants have not raised it.

Windert Watch Co., Inc. v. Remex Electronics Ltd.

468 F. Supp. 1242 · District Court, S.D. New York · Apr 17, 1979

According to Windert, Hong Kong is a political “subdivision” of the United Kingdom; an entity clearly recognized by the United States as a sovereign state. … Windert has also sought to establish that plaintiffs are citizens of a foreign state because they are citizens not only of Hong Kong but also of the United Kingdom, which is a “foreign state.”

Nature's Products, Inc. v. NXXI Inc.

216 F. Supp. 3d 381 · District Court, S.D. New York · Oct 25, 2016

Closing” should both be read as qualifying clause (iii). … In short, the bankruptcy court’s finding that N21’s allegedly bad relations with Walgreen did not cause the AJR recall was not clearly erroneous. 17 *398 NPI’s clearest route to establishing breach and causation would be

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

Louis ex rel. G.A.H. v. New York City Housing Authority

152 F. Supp. 3d 143 · District Court, S.D. New York · Jan 14, 2016

“[A] major life activity also includes the operation of a major bodily function/including but not limited to, functions of the immune system, normal cell growth/digestive, bowel, bladder, neurological, brain, respiratory, … requirements, and instead simply refashion their discrimination claims by asserting that NYCHA “remained ‘deliberately indifferent’ to Plaintiffs’ disabilities by doing no. more than issuing vouchers- in a situation that clearly

Richards v. New York City Board of Education

668 F. Supp. 259 · District Court, S.D. New York · Aug 24, 1987

A comparison of the qualifications of Milton Garberg and plaintiff reveals that despite the slightly higher rating of Garberg on the examination, plaintiff was clearly better qualified than Garberg to fill the one Foreman … In his Section 1983 claim plaintiff has clearly met the burden under Monell v.

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.

Sango

District Court, S.D. New York · Sep 19, 2025

“Even if an arrest is made without probable cause, a police officer is entitled to qualified immunity if she can establish that she had ‘arguable probable cause’ to arrest the plaintiff.” Prevost v. … Banno, 2015 WL 845709, at *4 (denying summary judgment on basis of qualified immunity for similar reasons).

Rovtar v. Union Bank of Switzerland

852 F. Supp. 180 · District Court, S.D. New York · Jan 14, 1994

Moreover, it is clear from plaintiffs performance evaluations that he was qualified for his position in *184 the Premises Section. … However, while it is clearly appropriate for plaintiff to rely on statistical evidence, Stanojev v.

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.

995 Fifth Avenue Associates, L.P. v. New York State Department of Taxation & Finance (In Re 995 Fifth Avenue Associates, L.P.)

157 B.R. 942 · District Court, S.D. New York · Aug 17, 1993

New York State has waived its sovereign immunity with respect to the Gains Tax for which it has filed a proof of claim in this case. 3. … Finally, a qualified rather than an absolute right to intervene in adversary proceedings under § 1109(b) makes sense in the context of nonbankruptcy court litigation concerning the bankrupt estate.

Pan Am Corp. v. Delta Air Lines, Inc. (In Re Pan Am Corp.)

161 B.R. 577 · District Court, S.D. New York · Dec 7, 1993

S & P responded to the subpoena by asserting a journalist’s qualified privilege against production and refused to comply. … is clearly erroneous.

Ranieri v. Highland Falls-Fort Montgomery School District

198 F. Supp. 2d 542 · District Court, S.D. New York · Apr 18, 2002

The Second Circuit has clearly stated that the plaintiffs burden in establishing a prima facie case is de minimis. Auerbach, 136 F.3d at 109-10 ; Criley v. Delta Air Lines, Inc., 119 F.3d 102, 104 (2d Cir.1997). … Ranieri was qualified for the position, but was not re-hired after the 2000 football season.