Case law

Torres v. City of New York

District Court, S.D. New York · Sep 30, 2019

a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … For a right to be clearly established, “existing precedent must have placed the statutory or constitutional question beyond debate.” White v. Pauly, 137 S.

Securities Investor Protection Corp. v. Executive Securities Corp.

433 F. Supp. 470 · District Court, S.D. New York · May 26, 1977

At that time, and in subsequent papers submitted to the Court, Bertoli argued that he had an absolute right to take his “constitutional privileges” unless given a grant of immunity. … It will also be open to the trustee and his counsel to attempt to establish, by independent evidence, that Bertoli does have such assets.

Potter v. People of the State of New York

District Court, S.D. New York · Jun 15, 2021

, or a dismissal based on prosecutorial immunity that implicates “the heartland of immune prosecutorial conduct” is considered frivolous, and therefore counts as a strike. … Because Plaintiff has three other dismissals that qualify as strikes, the Court need not resolve whether this dismissal qualifies as a strike. 3 An imminent danger is not one “that has dissipated by the time a complaint

Colon v. Tompkins Square Neighbors, Inc.

294 F. Supp. 134 · District Court, S.D. New York · Sep 24, 1968

As clearly enunciated in Cooper v. … The, purpose of an effective means for the selection of tenants is clearly stated by the Rev.

Vasura v. Acands

84 F. Supp. 2d 531 · District Court, S.D. New York · Feb 24, 2000

defendants, filed a notice of removal to this Court asserting two independent grounds for removal: (1) diversity of citizenship and (2) Atlas Turner’s status as a “foreign state” within the meaning of the Foreign Sovereign Immunities … Thus, if the litmus test is the date of filing, the FSIA would clearly not apply in this case.

Enron Corp. v. Springfield Associates, L.L.C. (In Re Enron Corp.)

379 B.R. 425 · District Court, S.D. New York · Aug 27, 2007

Whatever the differences may be, it is unlikely that they will result in such a large gap that transferors will routinely be able to immunize themselves through sales. … Post-petition purchasers of claims, even if the claims qualify as negotiable instruments, cannot qualify as holders in due course because they cannot take the instrument “without notice that it is overdue” as required by

Brims

District Court, S.D. New York · Sep 15, 2025

Hicks that ‘[t]here is no authority whatever for the proposition that absolute- and qualified-immunity defenses pertain to the court’s jurisdiction.’” (quoting Nevada v. Hicks, 533 U.S. 353, 373 (2001))); cf. … Apr. 3, 2025) (“The party seeking the stay . . . must establish good cause for the stay.” (citation omitted)).

Moultrie v. Wright

District Court, S.D. New York · Aug 3, 2021

“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.

Dutchess Sanitation, Inc. v. Town of Plattekill ex rel. Ferrante

433 F. Supp. 580 · District Court, S.D. New York · Jun 21, 1977

The action against the Town must fall since municipalities are not persons within the meaning of 42 U.S.C. § 1983 , and are thus immune from damages under the statute. Monroe v. … The section cited, however, establishes jurisdiction based on diversity of citizenship, which clearly does not exist here.

United States v. International Brotherhood of Teamsters

45 F. Supp. 2d 309 · District Court, S.D. New York · Apr 16, 1999

The goals of the Consent Decree are to rid the IBT of the hideous influence of organized crime and establish a culture of democracy within the union. … Nothing in the EO Decision supports Local 986’s contention that the Protestors will be immune from future disciplinary action should it be appropriate.

Medina v. New York State Division of Parole

District Court, S.D. New York · Sep 26, 2023

The State Defendants assert that Corse and Campbell are entitled to qualified immunity. … Qualified immunity shields a “government official[ ] from liability for civil damages insofar as [his or her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Norman v. John Doe

District Court, S.D. New York · Jul 31, 2020

Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … Qualified immunity shields a defendant from standing trial or facing other burdens of litigation “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for

Reilly v. Revlon, Inc.

620 F. Supp. 2d 524 · District Court, S.D. New York · May 12, 2009

To establish a prima facie retaliation claim under the FMLA a plaintiff must show that: (1) she exercised rights protected under the FMLA; (2) she was qualified for her position; (3) she suffered an adverse employment action … To establish a prima facie case, the plaintiff must show that “(I) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered an adverse employment action; and (4) the circumstances give

Hi Pockets, Inc. v. Music Conservatory of Westchester, Inc.

192 F. Supp. 2d 143 · District Court, S.D. New York · Feb 28, 2002

The White Plains defendants argue that the municipal defendants are entitled to absolute immunity. I agree. … It is clearly established law that when a challenged action of a municipal official involves the exercise of discretion, the officer is not liable for the injurious consequences of such action, even if such action stems from

Liona Corp. v. PCH Associates (In Re PCH Associates)

60 B.R. 870 · District Court, S.D. New York · May 15, 1986

Although it is not necessary to decide whether the de novo standard or the clearly erroneous standard of review should be applied, since the result would be the same under either standard, it appears that the clearly erroneous … That testimony was based on his experience in the real estate industry, and, as an expert in the field, he was qualified to give such testimony. See Nuvest, S.A. v.

Colliton v. D'Alessio

District Court, S.D. New York · Sep 6, 2022

Judicial Immunity Judges are absolutely immune from suit for damages for any actions taken within the scope of their judicial responsibilities. Mireles v. … at 193 (holding that “[b]ecause the district court found [plaintiff] failed to establish a prima facie case of discrimination [under Title II], it did not have occasion to address whether the Eleventh Amendment prohibits

Winsey v. Pace College

394 F. Supp. 1324 · District Court, S.D. New York · May 6, 1975

In the interim, while the above-mentioned appeals were pending, Pace advertised for teachers qualified in psychiatry and biology to teach a course entitled “Human Sexuality” (December of 1972). … The 42 U.S.C. § 1983 Claim 42 U.S.C. § 1983 provides a remedy where a person suffers a deprivation of “any rights, privileges, or immunities secured by the Constitution and laws”.

Securities & Exchange Commission v. Garber

990 F. Supp. 2d 462 · District Court, S.D. New York · Jan 7, 2014

Some cases clearly place the burden on the party resisting disclosure. See Rahman, 2007 WL 1521117 , at *7; United States v. Bonanno Organized Crime Family of La Cosa Nostra, 119 F.R.D. 625, 627 (E.D.N.Y.1988); SEC v. … Indeed, if demonstrating qualifying income alone in the prior two years were enough to qualify an accredited investor in the third year, the “reasonable expectation” requirement would be meaningless.

Tobia v. Sava

556 F. Supp. 325 · District Court, S.D. New York · Sep 24, 1982

. § 1101 et seq. provides that any alien who arrives at our border who “may not appear ... to be clearly and beyond a doubt entitled to land shall be detained for further inquiry to be conducted by a special inquiry officer … The discretion may not be exercised to discriminate ... or to depart without rational explanation from established policies. ...

Guippone v. Bh S & B Holdings LLC

681 F. Supp. 2d 442 · District Court, S.D. New York · Jan 5, 2010

First, it clearly states that only a plant closing or a mass layoff as defined in this act, after the effective date of sale, would trigger the notice requirements.... … Clearly, Senator Hatch added section 2101(b)(1) to the statute to overturn the usual rule — the sale-of-business rule — for the limited purpose of establishing WARN Act liability.