Case law

Ballentine

District Court, S.D. New York · Jun 3, 2026

In sum, Defendant Trump in his official capacity and the United States enjoy sovereign immunity from suit, and Plaintiff has not met his burden of establishing any basis for abrogating that sovereign immunity. … “[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly baseless . . . ; or (2) the claim is based on an indisputably meritless legal theory.”

United States v. Kone

591 F. Supp. 2d 593 · District Court, S.D. New York · Nov 5, 2008

Although Groh involved the application of the qualified . immunity doctrine, the Court explained that "the same standard of objective reasonableness that we applied in the context of a suppression hearing in Leon defines … the qualified immunity accorded an officer." 540 U.S. at 565 n. 8, 124 S.Ct. 1284 (quotation marks omitted). 66 .

M. G. Davis & Co. v. Cohen

256 F. Supp. 128 · District Court, S.D. New York · Jun 24, 1966

Upon motion of the Commission Judge Levet on March 4 dismissed the complaint without prejudice on the ground that the agency as such was immune from suit. … The contrary is clearly established' by Philadelphia Co. v. Stimson, 223 U.S. 605, 619-620 , 32 S.Ct. 340 , 56 L.Ed. 570 (1912), see Stark v.

United States v. Freeling

31 F.R.D. 540 · District Court, S.D. New York · Nov 26, 1962

A bank employee or officer who testifies at an administrative hearing before the Board is granted immunity from prosecution. … He stated on the record that it should be clearly understood that there would be an early fall trial. On September 20, 1962, Judge Dawson adjourned the case until October 24, 1962. .

United States v. Leonetti

291 F. Supp. 461 · District Court, S.D. New York · Jun 10, 1968

Borman was questioned at some length on the yield of qualified jurors which this system has produced. … The questionnaires of qualifying prospective jurors are used to fill out history cards and wheel cards.

McElderry v. Cathay Pacific Airways, Ltd.

678 F. Supp. 1071 · District Court, S.D. New York · Mar 15, 1988

That section prohibits the charging of fares either higher or lower than those established by the tariff. Yet a passenger could claim to be injured only by a higher charge. … Because Rule 16(E) clearly states that this weight-based system is not applicable to Cathay Pacific “between points in the U.S.A. and points outside the U.S.A.

Boyette v. Montefiore Medical Center

District Court, S.D. New York · Jan 23, 2024

The defendants now move for summary judgment dismissing each claim and in addition, contend that Detective Febus is entitled to qualified immunity. … immunity.

Zeng v. Chell

District Court, S.D. New York · Jan 23, 2024

The defendants now move for summary judgment dismissing each claim and in addition, contend that Detective Febus is entitled to qualified immunity. … immunity.

P. J. Taggares Co. v. New York Mercantile Exchange

476 F. Supp. 72 · District Court, S.D. New York · Jul 16, 1979

Any such action shall be taken solely in accordance with the rules of that exchange. 7 By its terms this provision clearly relates to disciplinary action by an exchange against its members and to denials of membership therein … The Commission directive was prompted by a finding that the Exchange “had clearly failed to exercise its responsibilities.” Id. ¶ 20,237, at 21,266. 15 . 164 F.2d 815 (7th Cir. 1947). 16 . Id. at 819-20 . 17 .

Carter v. Cornell University

976 F. Supp. 224 · District Court, S.D. New York · Sep 4, 1997

Phillips’ testimony that he did not think that she was as qualified as the person ultimately hired. (Tr. at 725.) 23. … Plaintiff has established the prima facie case — she is a member of a protected class, she is clearly qualified for her current position, and the fact that her evaluations have become worse since defendant Phillips was made

Jelen v. United States Marshall Service

District Court, S.D. New York · Mar 30, 2020

And even if “release” and “discharge” are not synonymous, Jelen’s Fourth Amendment claim would still fail because Kamrowski and Brown enjoy qualified immunity.> “Qualified immunity shields federal and state officials from … immunity can be established by the facts alleged in a complaint.”

Christopher Bates v. The City of New York, Dylan Gilliam, Frankeley Liz

District Court, S.D. New York · Jul 24, 2026

Qualified Immunity Next, defendants argue that even if there was no probable cause to arrest or charge Bates, Gilliam and Liz are entitled to “qualified … Oct. 20, 2017) (qualified immunity standard is essentially the same for false arrest as malicious prosecution).

Behlin v. Rite Aid Pharmacy Store

District Court, S.D. New York · Jan 25, 2022

Ct. 4, 7-8 (2021) (discussing principles of qualified immunity). … Mar. 14, 2007) (declining to reach question of qualified immunity where plaintiff failed to show deliberate indifference).

United States v. Castano

756 F. Supp. 820 · District Court, S.D. New York · Feb 19, 1991

The evidence at trial established the following facts. … Tested by that standard, a new trial is clearly not required here.

Anderson v. Townsend

District Court, S.D. New York · Nov 17, 2021

’ qualified immunity defense is apparent from the face of the complaint. … that his actions did not violate some settled constitutional right.”*” District courts may grant a Rule 12(b)(6) motion on qualified immunity if “the facts supporting the defense appear on the face of the complaint’®

National Bank & Trust Co. of North America, Ltd. v. J. L. M. International, Inc.

421 F. Supp. 1269 · District Court, S.D. New York · Dec 20, 1976

Under the Uniform Commercial Code, “. . . once an irrevocable credit is established as regards . . . the beneficiary it can be modified or revoked only with his consent.” … Defendants Nigeria and Central Bank of Nigeria have urged the application of the doctrine of sovereign immunity as a defense to this action.

Nicholas v. Nynex, Inc.

974 F. Supp. 261 · District Court, S.D. New York · Aug 1, 1997

Defendant is correct that in order to avoid Title VII’s time bar, a plaintiff must clearly assert a continuing-violation in both the plaintiffs EEOC filing and in the district court complaint. O’Malley v. GTE Serv. … Plaintiffs argue that the lack of clearly-articulated, objective criteria to govern promotions and awards in the upper ranks of NYNEX’s Information Systems Department constitutes a specific and continuing practice of discrimination

Xu

District Court, S.D. New York · Apr 14, 2026

Far from making arguments “clearly aimed at particular findings,” Harden v. LaClaire, No. 07 Civ. 4592 (LTS), 2008 WL 4735231, at *1 (S.D.N.Y. … The Complaint pleads no facts establishing their liability under Section 1983 or any other cause of action.

Gibbs v. Consolidated Edison Co. of New York, Inc.

714 F. Supp. 85 · District Court, S.D. New York · May 31, 1989

Plaintiff may establish a prima facie case by alleging that (1) she belongs to a racial minority or other protected class; (2) she applied and was qualified for a position for which the employer was seeking applicants; (3 … The circumstances clearly create an inference of discrimination. The Court concludes that plaintiff has established a pri-ma facie case of discrimination.

Mescall v. New York City Supreme Criminal Court

District Court, S.D. New York · Aug 27, 2025

The judge told Fineman “to enter an appearance even though she did not expressly do a hearing to see if [Plaintiff] qualified for appointed counsel.” (Id.) … Kress & Co., 398 U.S. 144, 152 (1970)), the representation of a defendant by private counsel in state criminal proceedings does not constitute the degree of state involvement or interference necessary to establish a claim