Case law

Balaber-Strauss v. Town/Village of Harrison

405 F. Supp. 2d 427 · District Court, S.D. New York · Dec 15, 2005

See Estate of Morris, 297 F.Supp.2d at 694 (noting that “summary punishment for the exercise of constitutional rights is clearly a more serious infringement of those rights than a mere chilling of their constitutional exercise … Accordingly, defendants Allegretti and Mal-fitano are likely entitled to qualified immunity since the conduct attributed to them (i.e. defamation) is not prohibited by federal law. See Sadallah v.

Getty v. National Oil Corporation Libya

District Court, S.D. New York · Jan 13, 2025

FSIA immunity Plaintiff contends in his amended complaint that (1) NOC Libya is a corporation that does not qualify as a foreign sovereign; and (2) even if NOC … Libya were a foreign sovereign, it qualifies for the commercial activity exception to the FSIA.

Marhone v. Cassel

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

Even if the constitutional privileges are clearly established, a government actor may still be shielded by qualified immunity “if it was objectively reasonable for the public official to believe that his acts did not violate … Because Plaintiff fails to establish a constitutional violation, the Court need not address Defendant Smith’s qualified immunity defense. See Montanez v.

Smith v. City of New York

District Court, S.D. New York · Sep 20, 2021

Even if the arrest was made without probable cause, an officer will be entitled to qualified immunity if he can establish that there was “arguable probable cause.” Zalaski v. … In the qualified-immunity context, “[a] police officer cannot be held liable in damages for failure to intercede unless such failure permitted fellow officers to violate a suspect’s ‘clearly established statutory or constitutional

Gardner v. Hochul

District Court, S.D. New York · Dec 21, 2021

New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting section 1983. See Trotman v. … To state a claim under Section 504 of the Rehabilitation Act, a prisoner must establish that: (1) he is a qualified individual with a disability; (2) he is otherwise qualified to participate in the offered activity or program

Fulani v. Brady

809 F. Supp. 1112 · District Court, S.D. New York · Jan 5, 1993

This is an objective requirement, and Fulani clearly fulfilled it because she was the first presidential candidate to qualify for matching funds and had raised as much or more than three of the five candidates the League … However, on the present record, Fulani has failed to establish a colorable Fifth Amendment claim.

Trans World Airlines, Inc. v. Sinicropi

887 F. Supp. 595 · District Court, S.D. New York · May 30, 1995

Plaintiffs 2 contend that the Board’s Opinion is clearly wrong. … Sinicropi had earlier moved to dismiss the complaint against him on the ground that his status as an arbitrator rendered him immune from suit.

Hu v. Skadden, Arps, Slate, Meagher & Flom LLP

76 F. Supp. 2d 476 · District Court, S.D. New York · Dec 2, 1999

Judge Wood reasoned that, given plaintiffs academic record, he failed to show that he was as qualified as the younger candidates Skad-den selected to fill those positions. … As amended, the extraterritorial scope of the ADEA is clearly defined.

Karliner v. Bowen

676 F. Supp. 57 · District Court, S.D. New York · Jan 6, 1988

The Social Security Act provides for the payment of child’s insurance benefits to a qualified child of a worker who was either fully or currently insured at the time of death. … In any event, the 1977 income is clearly insufficient to credit Mrs.

Harriram v. Fera

District Court, S.D. New York · Mar 27, 2023

Congress did not abrogate states’ sovereign immunity for 42 U.S.C. § 1981, nor has New York waived immunity for those claims. Dimps v. Taconic Correctional Facility, 802 F. App’x 601, 603 (2d Cir. 2020). … against government officials are asserted against them in their individual capacities generally does not warrant an outright dismissal at the pleading stage, for in many cases, a complaint against public officials will not clearly

Jamison v. Cavada

District Court, S.D. New York · Dec 5, 2019

Where a law enforcement officer makes an arrest without probable cause, he or she may nonetheless be immune from liability under the doctrine of qualified immunity. … “The defense of qualified immunity shields law enforcement officers from § 1983 claims for money damages provided that their conduct does not violate clearly established constitutional rights of which a reasonable person

Jackson v. Pagan

District Court, S.D. New York · Nov 18, 2020

Defendant is entitled to qualified immunity for the claims asserted herein in that his conduct did not violate clearly established law or it was objectively reasonable for him to believe that his conduct did not violate … clearly established law.

Oliveras v. New York City

District Court, S.D. New York · Feb 25, 2020

immunity. … established.

Swedenburg v. Kelly

232 F. Supp. 2d 135 · District Court, S.D. New York · Nov 12, 2002

The New York ABC Law also includes (several) significant “exceptions” to the three-tier regulatory scheme which clearly benefit in-state wineries. … The Privileges and Immunities Clause of Article IV, § 2 provides that "[t]he Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” U.S. Const, art. IV, § 2. 10 .

Hudson Energy Services, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.)

498 B.R. 19 · District Court, S.D. New York · Sep 16, 2013

On August 17, 2012, the Reorganized Debtors objected to Hudson’s Motion on the basis that electricity did not qualify as “goods” under Section 503(b)(9), (see RD Bankr. … In particular, the Bankruptcy Court praised Erving as “the best analysis of th[e] view” that electricity qualified as a good under Section 503(b)(9). 6 (Id. at 13.)

Baker v. City of New York

District Court, S.D. New York · Jul 28, 2021

Qualified Immunity “[E]ven if defendants’ actions were unreasonable under current law, qualified immunity protects officers from the sometimes-hazy border between excessive … Because these “disputes overlap both the excessive force and qualified immunity issues, summary judgment must be denied.”

Boyce v. New York City Mission Society

963 F. Supp. 290 · District Court, S.D. New York · May 5, 1997

A plaintiff seeking relief under the ADA must establish that she is a disabled person within the meaning of the ADA, that she is otherwise qualified to perform the essential functions of her job, either with or without reasonable … Plaintiff fails to pleads any facts establishing that she satisfies such a requirement.

Pack v. Artuz

348 F. Supp. 2d 63 · District Court, S.D. New York · Sep 27, 2004

immunity. … immunity.

Epstein v. Kalvin-Miller International, Inc.

21 F. Supp. 2d 400 · District Court, S.D. New York · Oct 15, 1998

Plaintiff must establish that (i) he is a member of a protected class (i.e., under the ADA, that plaintiff is disabled, and, under the ADEA, that plaintiff is forty years of age or older); (ii) he is qualified to perform … Plaintiff’s heart disease clearly qualifies as a “disability” under this definition. Plaintiff is required to take a regimen of medications to treat his heart disease.

Dubowski v. Ash

108 F.R.D. 190 · District Court, S.D. New York · Nov 20, 1985

Defendants do not challenge the fact that all plaintiffs are represented by qualified and experienced counsel. … The Court finds that all counsel, and particularly the co-lead counsel, are very well-qualified to handle this litigation. .