Case law

Rowley v. Board of Education of the Hendrick Hudson Central School District

483 F. Supp. 528 · District Court, S.D. New York · Jan 15, 1980

The testimony of the plaintiffs’ experts, however, was clearly applicable to Amy. … Eligibility requirements In order to qualify for assistance under this subchapter in any fiscal year, a State shall demonstrate to the Commissioner that the following conditions are met: (5) The State has established .

Szlosek v. NYS Office of the Attorney General

District Court, S.D. New York · Jun 25, 2025

The party opposing the amendment has the burden of establishing its futility. Blaskiewicz v. County of Suffolk, 29 F. … The OAG enjoys sovereign immunity and none of Szlosek’s supplemental allegations qualifies as an exception. New York state has not waived sovereign immunity for claims pursuant to the ADA, ADEA, NYSHRL or NYCHRL.

Rusfeldt v. City of New York, New York

District Court, S.D. New York · Sep 30, 2024

He argues that he is entitled to qualified immunity. … [T]he whole point of the qualified immunity defense is to allow a defendant to be dismissed out of the case even if a right was actually violated (i.e., where it can be shown that the right asserted was not clearly established

Garcia v. Bowen

702 F. Supp. 409 · District Court, S.D. New York · Jul 5, 1988

Under the EAJA a prevailing plaintiff qualifies for costs and attorneys’ fees if the Government’s position was not substantially justified. … Garcia’s treating psychiatrist established that the plaintiff suffers from at least three impairments, each of them sufficiently severe to qualify individually as a “listed” impairment.

Washington v. Poole

507 F. Supp. 2d 342 · District Court, S.D. New York · Aug 28, 2007

Miller, 451 F.3d 54 , 57 n. 1 (2d Cir.2006) (“Brown II”), for the purpose of determining the contemporaneous “clearly established Federal law, as determined by the Supreme Court.” … Nonetheless, the Court is obligated to consider Cunningham to the extent that it applies or explains principles that were "clearly established” in previous Supreme Court cases.

Kofer v. Village of Pelham

710 F. Supp. 483 · District Court, S.D. New York · Apr 24, 1989

The village claims that Kofer was not qualified for the position she sought, and cannot, therefore, establish a prima facie case of discrimination. Ramseur v. … have relied or by decid *485 ing an issue of first impression whose resolution was not clearly foreshadowed”; and because “a holding of non-retroactivity” would “avoid[] the injustice of hardship.”

Brown v. Kelly

244 F.R.D. 222 · District Court, S.D. New York · Jul 24, 2007

Curiously, defendants argue that qualified immunity defenses will require mini-trials to determine the reasonableness of each defendant’s *232 actions vis-á-vis each plaintiff in light of the "established law at the time. … However, because plaintiff's proposed class definitions concern only post-Loper enforcement, and Loper clearly established the unconstitutionality of section 240.35(1), to the extent that qualified immunity does become an

Schorr v. American Arbitration Association

District Court, S.D. New York · Dec 27, 2022

The One Claim Barred by Arbitral Immunity Of the SAC’s eight claims, one clearly targets conduct “associated with the adjudicative phase of the arbitration to justify immunity.” Id. … But, assuming arguendo that these did so qualify, Doggart would be correct.

Akinde v. New York City Health and Hospital Corporation

District Court, S.D. New York · Sep 13, 2019

“A government official ‘is entitled to qualified immunity if his actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known” or “if it was objectively reasonable … Singleton’s actions were “objectively reasonable” or were so similar to the prosecutorial function that she is entitled to the protections of qualified or absolute immunity.

Cornett v. Sheldon

894 F. Supp. 715 · District Court, S.D. New York · Aug 8, 1995

Petition signatures must be witnessed by a party member who is a qualified voter or by a notary public or commissioner of deeds. Id. § 6-140. … Saunders, 627 F.2d 606 (2d Cir.1980), the Court of Appeals for the Second Circuit, drawing upon qualified immunity and equal protection jurisprudence, formulated the standard for judging an alleged deprivation of equal protection

International Longshoremen's Ass'n v. Seatrain Lines, Inc.

212 F. Supp. 653 · District Court, S.D. New York · Jan 7, 1963

It would be an improvident trespass upon the separation of the powers, if not a complete usurpation of power, were the court to grant immunity in advance of an actual transaction. Cf., Pugach v. … Such a contingent liability clearly precludes the granting of declaratory relief. International Longshoremen’s and Warehousemen’s Union, Local 37 v.

Querry v. Messar

14 F. Supp. 2d 437 · District Court, S.D. New York · Jul 27, 1998

“It is enough for the plaintiff to suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.” Borkowski v. Valley Cent. Sch. … As previously established Querry is not "otherwise qualified” for her job as police officer, and therefore is not a member of a "disabled” class of police officers protected by the ADA.

Rasmussen v. Toia

420 F. Supp. 757 · District Court, S.D. New York · Sep 13, 1976

This residual category of individuals qualified to receive Home Relief if defined by N.Y. … The municipal policy in Davis was clearly irrational. We reach a different conclusion in respect of the statute at bar. 3 .

Rothman v. City of New York

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

C) Wunsch Is Not Entitled to Qualified Immunity As to each and every federal claim, Defendants argue that the two police officers are entitled to qualified immunity. (Defs.’ Mem. Supp. at 9-11.) … “Police officers are immune from liability for money damages in suits brought against them in their individual capacities if ‘their conduct does not violate clearly established statutory or constitutional rights of which

Halbrook v. Reichhold Chemicals, Inc.

735 F. Supp. 121 · District Court, S.D. New York · Apr 16, 1990

Halbrook, a female and thus a member of a protected group, and apparently qualified for the position of General Counsel, was denied a promotion to a position filled by a male. … Clearly, there is a triable issue of fact as to whether Halbrook’s responsibilities were sufficiently changed or reduced so as to make her job intolerable.

Sales v. Republic of Uganda

828 F. Supp. 1032 · District Court, S.D. New York · Jul 9, 1993

Since federal jurisdiction in this case is premised on diversity and the right to interest on a cause of action qualifies as a substantive right, the question is governed by New York law. See Adams v. … its sovereign immunity.

Fernandez v. United States

553 F. Supp. 260 · District Court, S.D. New York · Dec 16, 1982

Rollins, 522 F.2d 160, 165 (2d Cir.1975), cert. denied, 424 U.S. 918 , 96 S.Ct. 1122 , 47 L.Ed.2d 324 (1976) (claim raised after trial was clearly waived by defendant’s failure to move for suppression prior to trial). … Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). b. ) any and all promises, agreements or understandings as to any immunity, leniency, advantages or preferential treatment and/or other benefits of any kind

Fallahi v. Raisolsadati

District Court, S.D. New York · Dec 21, 2022

First, Plaintiffs argue that Raisi does not qualify for head of state immunity because he is not a head of state or head of government under Iranian law. See Pls.’ Motion 4-5. … are no more free 2 Plaintiffs assert that a court would “[s]urely . . . not be required to defer to a designation by the Executive that some foreign personality is a head of state or government when he or she is clearly

In re McCray

928 F. Supp. 2d 748 · District Court, S.D. New York · Mar 5, 2013

After the New York Court of Appeals recognized a qualified reporter’s privilege under New York State’s constitution and the United States Constitution in O’Neill , the law was extended to provide qualified protection to nonconfidential … The Qualified Reporter’s Privilege A reporter has “a qualified evidentiary privilege for information gathered in a journalistic investigation.” Chevron Corp. v. Berlinger, 629 F.3d 297, 308 (2d Cir.2011).

Rosen v. Brookhaven Capital Management, Co., Ltd.

194 F. Supp. 2d 224 · District Court, S.D. New York · Mar 7, 2002

Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980) (holding that defendant in civil rights case has burden of pleading defense of qualified immunity and plaintiff has no obligation to anticipate such defense … It has long been established that statutory exceptions constitute defenses which must be pleaded and proved by the defense.