Case law

Gonzalez v. City of New York

354 F. Supp. 2d 327 · District Court, S.D. New York · Jan 18, 2005

In fact, Plaintiffs’ Memo, does not clearly allege any retaliatory act against Rivera or Palermo. … In his deposition, Rivera described his retaliation claim more clearly.

Vasquez v. McPherson

285 F. Supp. 2d 334 · District Court, S.D. New York · Sep 23, 2003

immunity. … immunity as a matter of law.

Gaffney v. Department of Information Technology & Telecommunications

536 F. Supp. 2d 445 · District Court, S.D. New York · Mar 5, 2008

Defendants were faced with a choice between two qualified candidates, and they chose Vigilante because, based on their knowledge and experience with both candidates, Vigilante was the most qualified. … However, “[m]unicipalities may be held liable for depriving individuals of their constitutional ‘rights, privileges, or immunities,’ if the deprivation proximately results from ‘a policy statement, ordinance, regulation,

Germain v. M & T Bank Corp.

111 F. Supp. 3d 506 · District Court, S.D. New York · Jun 19, 2015

Shane, 350 F.3d 39, 47 (2d Cir.2003) (“Plaintiffs may establish a prima facie case of housing discrimination by showing that (1) they are members of a protected class; (2) that they sought and were qualified to rent or purchase … Bank of Indiana, 669 F.Supp. 915, 922 (N.D.Ind.1987) (“The[] statutory provisions [under the ECOA] clearly indicate that Congress meant to protect those individuals who actually apply for credit.”).

Jeter

District Court, S.D. New York · Mar 25, 2026

Under McDonnell Douglas, “a plaintiff must first establish a prima facie case of discrimination by showing that: ‘(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered an adverse … Jeter also does not establish that she became pregnant or “had any additional complications that would qualify her pregnancy under the ADA, nor is there any evidence that Defendant[] [was] aware of such complications”

Peck v. United States

514 F. Supp. 210 · District Court, S.D. New York · May 1, 1981

Co., 86 F.R.D. 603, 637 (D.D.C.1980) (establishing guidelines for resolution of privilege claims); In re Penn Central Commercial Paper Litigation, 61 F.R.D. 453, 463 (S.D.N.Y.1973) (attorney client privilege). … It clearly emphasizes the warnings given to Rowe to avoid violence and represents that the Task Force was concerned about the oversight exercised by Rowe’s handling agents, especially regarding the May 14, 1961 incident,

Doherty v. Bice

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

Florida, 517 U.S. 44, 54, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (“For over a 1 Defendants also argue that they are entitled to qualified immunity. … Monetary Damages and Sovereign Immunity Regarding ADA Claims As discussed above, it is well-established that § 1983 was not intended to abrogate a state’s sovereign immunity. Mamot, 367 F. App'x at 192.

Crawford v. Artuz

143 F. Supp. 2d 249 · District Court, S.D. New York · Mar 22, 2001

Finally, defendants argue that plaintiffs’ claims are barred by the doctrine of qualified immunity. A. Summary Judgment Standard The standards governing motions for summary judgment are well-settled. … I also do not reach the merits of defendants' Eleventh Amendment and qualified immunity arguments. 19 .

Constant v. Annucci

District Court, S.D. New York · Mar 29, 2022

Qualified Immunity Defendants argue that they are entitled to qualified immunity because: (1) reasonable officers could disagree as to whether Dapcevic’s use of force … right, and (2) whether that right was clearly established at the time of the alleged violation.”

J. R. Williston & Beane, Inc. v. Haack

387 F. Supp. 173 · District Court, S.D. New York · Dec 23, 1974

The question of stock exchange antitrust immunity was recently considered by our Court of Appeals in Gordon v. … The extent of antitrust immunity for stock exchanges is as yet unsettled. See, e. g., Gordon v.

Ziering v. New York City Department of Health

621 F. Supp. 679 · District Court, S.D. New York · Nov 19, 1985

See Fed.R.Evid. 803(6) (business records exception to hearsay rule requires "testimony of the custodian or other qualified witness”). … Plaintiffs counsel clearly should have known that these articles are hearsay. .

Martarella v. Kelley

349 F. Supp. 575 · District Court, S.D. New York · Oct 16, 1972

(c) Are the judicial defendants immune from suit qua judges ? … McMann and the plethora of similar civil rights suits both before and since McMann entertained by the Federal Courts — too numerous to require citation — clearly establish Federal jurisdiction of the subject matter: The constitutionality

Swanhart v. State of New York

District Court, S.D. New York · Jul 13, 2023

“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Harlow, 457 U.S. at 818-19. … Thus, because Plaintiff sufficiently alleges claims of false arrest and excessive force, and because the law is clearly established with regards to each of those rights, Defendants' request for qualified immunity is denied

United States v. Camacho

188 F. Supp. 2d 429 · District Court, S.D. New York · Mar 13, 2002

Rather, it must be “clearly corroborated” by some other evidence. That standard is satisfied. … At a new trial the defendants could avoid that pitfall by not trying to establish alibis.

Hoffman v. City College of New York

District Court, S.D. New York · Mar 30, 2021

Supp. 2d 344, 346-48 (S.D.N.Y. 2005) (granting school district’s motion to dismiss where plaintiff-teacher did not take a test established by the state education department; plaintiff was “not a qualified individual because … All that [a plaintiff] must do at the motion to dismiss stage is plead the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.” Limauro v. Consol.

Joseph v. Ulster County Community Action Committee Inc.

475 F. Supp. 944 · District Court, S.D. New York · Aug 23, 1979

Even assuming arguendo that plaintiff could establish a claim for damages in the necessary jurisdictional amount, and recognizing that a cause of action and damages remedy can be implied directly under the Constitution, Davis … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

Breland-Starling v. Disney Publishing Worldwide

166 F. Supp. 2d 820 · District Court, S.D. New York · Sep 7, 2001

In order to establish a prima facie case for failure to promote, a plaintiff must show that (1) she is a member of a protected class; (2) she applied and was qualified for a position for which the employer was *824 seeking … Lehrfeld, plaintiff was as qualified for the position as Ms. Lehrfeld. However, “this fact alone does not establish that [plaintiff] was competent to perform all the duties of’ Ms. Lehrfeld’s job. Id.

3086 Purchase LLC v. The Town/Village of Harrison, et al.

District Court, S.D. New York · May 11, 2026

First, they forget that they did not raise any qualified immunity defense in their motion to dismiss. See generally ECF No. 38. … Second, the Town Defendants also forget that Defendant Germani did not even raise a qualified immunity defense in his Answer. See ECF No. 29 at 12-13.

Salley v. Capra

District Court, S.D. New York · Mar 28, 2025

Qualified Immunity Defendants argue that they should be entitled to qualified immunity. (See Defs. Mem. 18; Defs. Rep. 9–10.) … In that case, the court found that Capra violated a constitutional right that had been “clearly established” “for decades” and could not invoke qualified immunity. See id.

Krandle v. Refuah Health Center, Inc.

District Court, S.D. New York · Mar 12, 2024

It is also “well established that an affirmative defense of official immunity may be resolved by Rule 12(b)(6) if clearly established by the allegations within the complaint[.]” Liberian Cmty. Ass’n of Conn. V. … Nevertheless, the statement that certification is not “necessary” for substitution clearly implies that there are other, sufficient mechanisms to do so. Hui does not say what those mechanisms are.