Case law

Colbourne

District Court, S.D. New York · Jun 23, 2026

Qualified Immunity Defendant argues that she should be afforded protection by qualified immunity. … The qualified immunity doctrine protects federal and state officials from suit for acts undertaken in their official capacity if “(1) their conduct does not violate clearly established constitutional rights, or (2) it

Farrand Optical Co. v. United States

107 F. Supp. 93 · District Court, S.D. New York · May 2, 1952

by a complex formula set forth in .Section 577, based .on the employer’s payroll of the calendar year preceding the computation date, and certain experience factors based on its payroll for the three years prior to the establishment … reduction of costs was to be made by the Navy for credits of such a nature; that at the time of the negotiation of the contracts, ‘ the Navy took a position that accorded with the plaintiff’s -contention; - that this is clearly

Hawthorne v. County of the Putnam

District Court, S.D. New York · Oct 6, 2020

“Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant's action did not violate clearly established law, or (b) it was objectively reasonable … But even if the law was clearly established, Defendants would still be entitled to qualified immunity.

Ello v. Singh

531 F. Supp. 2d 552 · District Court, S.D. New York · Nov 13, 2007

Second, comments made in the employment context, such as those discussed above in regard to the Rossein Report, are entitled to qualified immunity from suit for defamation. … Columbia enjoys protection of qualified immunity from suit; as a result, these statements are not actionable. See Esser v. T-Mobile USA, Inc., No. 03 Civ. 9485, 2004 WL 1276839 , at *2 (S.D.N.Y.

Moldawsky v. Lindsay

341 F. Supp. 1393 · District Court, S.D. New York · Mar 3, 1972

It provides a basis for jurisdiction only where the right or immunity alleged to have been injured is “one of personal liberty, not dependent for its existence upon the infringement of property rights.” Eisen v. … Plaintiff’s position is a political one; according to the relevant statute, he clearly serves at the pleasure of the Mayor. N.Y.Civ.Ct. Act § 1601, supra.

Burrell v. City University of New York

995 F. Supp. 398 · District Court, S.D. New York · Feb 26, 1998

Housing Authority for City of New Britain, 974 F.Supp. 161, 165 (D.Conn.1997) (“it is clearly established that an employee serving pursuant to an employment agreement which provides she may be terminated only for cause has … Sophie Davis qualifies as a "senior college" under the statute. See, N.Y. Educ. Law § 6202 (5) (McKinney’s 1985); see also, Illickal v.

Carr v. Axelrod

798 F. Supp. 168 · District Court, S.D. New York · Jul 15, 1992

They focus their attention on the “privileges and immunities” clause of § 1985(3) and argue that one of the privileges and immunities of United States citizenship is the right to obtain a federal forum for federal questions … Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 , established the principle that federal courts may not enjoin state court proceedings.

Burton v. United States

109 F. Supp. 139 · District Court, S.D. New York · Dec 18, 1952

It established the War Shipping Administration and set forth its powers and functions. “On April 19, 1942 the War Shipping Administration gave notice of a general requisition of -all oceangoing vessels. … 745 [note 2 supra] to he a waiver of sovereign immunity, the rule of strict construction does not contemplate reading into the statute something that is manifestly absent.

Bruker v. City of New York

337 F. Supp. 2d 539 · District Court, S.D. New York · Sep 29, 2004

Dolores Perry Perry argues that the doctrine of qualified immunity shields her from any liability in this case. … Qualified immunity *559 protects government officials from suits for civil damages for performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of

Bolden v. Morgan Stanley & Co., Inc.

765 F. Supp. 830 · District Court, S.D. New York · Jun 4, 1991

It must establish that there is a “genuine issue for trial.” Id. at 587 , 106 S.Ct. at 1356. … In support of their claim of a qualified privilege, defendants assert that defendant Blair's communication with Mr.

Martran Steamship Co. v. Aegean Tankers Limited

170 F. Supp. 477 · District Court, S.D. New York · Feb 11, 1959

This agency relationship apparently continued throughout the transaction and qualifies Martran to act on behalf of the owner. … As to respondent’s contention that this action is not clearly within the admiralty jurisdiction of this Court, the law is well established that the nature of the contract or matter in dispute controls as to the question of

Bucher v. Shumway

452 F. Supp. 1288 · District Court, S.D. New York · Jun 14, 1978

H.R.Rep.No.1711, 90th Cong., 2d Sess., reprinted in [1968] U.S.Code Cong. & Admin.News, p. 2811 (emphasis added). 2 Clearly, the “purchaser” is contemplated in the plural as well as the singular; just as clearly, the price … The court then invoked the same statutory language to refuse punitive damages, stating “it is now authoritatively established that only actual, and not punitive, damages are recoverable.” Id. at 1193 .

Van Gemert v. Boeing Company

259 F. Supp. 125 · District Court, S.D. New York · Jul 1, 1980

On March 2, 1966, Boeing’s Treasurer decided to call the debentures and to establish April 8, 1966 as the redemption date. … We find that these actions meet the requirements of subdivisions (b) (1) (A), (b) (1) (B) and (b) (2) of new Rule 23 and qualify as class actions under each of those three alternative provisions.

Liddy v. Cisneros

823 F. Supp. 164 · District Court, S.D. New York · May 25, 1993

The 1988 regulations do not deny assisted tenants living in section 8 housing programs transfers if they establish that they qualify for a preference under the statutory preference groupings set forth in 42 U.S.C. § 1437f … To establish discrimination under Section 504,- “a complaining party is required to show that: (1) she is a handicapped person under the Act; (2) she is ‘otherwise qualified’ for the position; (3) she' was excluded, from

Alicea v. Kuhlman

537 F. Supp. 1156 · District Court, S.D. New York · Apr 30, 1982

While the issues were vigorously contested by the defense, the essential elements were established beyond a reasonable doubt. . . . There was ample evidence . . . (etc.) … The New York Court of Appeals held that petitioner was entitled to another trial, not an acquittal for guilt clearly proved in a concluded trial.

Smallwood-El v. Coughlin

589 F. Supp. 692 · District Court, S.D. New York · Jul 6, 1984

According to Hewitt , when a prisoner is placed in “administrative segregation” — a term which clearly encompasses plaintiff’s SHU confinement during both the phase in which it was based on grounds of misbehavior and the … immunity defense articulated in Harlow v.

Standard Chartered Bank PLC v. Ayala International Holdings (U.S.) Inc.

111 F.R.D. 76 · District Court, S.D. New York · Jul 16, 1986

Hearn was a prisoner’s civil rights suit in which the defendants asserted the affirmative defense of good-faith immunity. … Second, the issue has clearly not been adequately briefed.

Steinbergin v. City of New York

District Court, S.D. New York · Feb 4, 2021

Second, and in any event, Detective Hairston and UC 0076 are entitled to qualified immunity with respect to Steinbergin’s claim for false arrest and false imprisonment. … That is, Detective Hairston and UC 0076 are entitled to qualified immunity because, at a minimum, arguable probable cause to arrest Steinbergin existed even before UC 0076 identified him.

Hayden v. International Business Machines Corporation

District Court, S.D. New York · Dec 1, 2021

, or other privilege or immunity. … If a Producing Party becomes aware that it has inadvertently produced information or materials that are protected by the attorney-client privilege, work product immunity, or other privilege or immunity

Newmarkets Partners, LLC v. Sal. Oppenheim Jr. & Cie. S.C.A.

258 F.R.D. 95 · District Court, S.D. New York · Feb 26, 2009

As such, they purport to establish business obligations and restrictions between Mathes and Tatara. … Under Plaintiffs’ interpretation of the law, to qualify for derivative standing, Tatara must “establish a reasonable doubt” that Mathes “exercised [her] independent and disinterested business judgment in responding to a demand