Case law

Rahim v. McNary

827 F. Supp. 224 · District Court, S.D. New York · Jul 27, 1993

the United States and performed at least 90 days of qualifying agricultural work during the 12-month period prior to May 1, 1986, provided that the alien could also establish his or her admissibility in the United States … Clauses A and D, quoted above, are direct challenges to the procedures used by the INS in implementing IRCA, and they clearly qualify as collateral attacks.

Reeves

District Court, S.D. New York · May 1, 2026

For requested materials to qualify as “agency records,” two requirements must be satisfied: (i) “an agency must ‘either create or obtain’ the requested materials.” and (ii) “the agency must be in control of the requested … Domicile is “the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning.” Linardos v.

Hodges v. Keane

886 F. Supp. 352 · District Court, S.D. New York · Apr 11, 1995

Defendants also raise various affirmative defenses including qualified immunity. Defendants previously moved, pursuant to Fed.R.Civ.P. 35(a), for an order directing a medical examination of the plaintiff. … Before considering potential prejudice, relevance must be established. See, e.g., United States v. Tomiero, 735 F.2d 725, 730 (2d Cir.1984), cert. denied, 469 U.S. 1110 , 105 S.Ct. 788 , 83 L.Ed.2d 782 (1985).

Krom

District Court, S.D. New York · Sep 24, 2025

immunity on this claim. … However, because Defendants “make no actual arguments about why they are entitled to qualified immunity” but instead only “cite generic caselaw,” the Court will not consider this argument at this time. Whitley v.

Santiago v. City of Yonkers

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

Qualified Immunity as to the Individual Defendants Defendants assert that McCormack and Sabol are entitled to qualified immunity as to Plaintiff’s claims for excessive force, false arrest, and malicious … A police officer is entitled to qualified immunity if: “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively reasonable

Sharp v. County of Putnam, New York

District Court, S.D. New York · May 24, 2019

Although “once a claim has been stated 2 In addition, Carmel Defendants argue that the CPD is not a suable entity, that Nagle is protected by qualified immunity, that Plaintiff fails to state a Monell claim, and that … Individual County Defendants argue that Plaintiff fails to state a claim, that they are entitled to prosecutorial immunity, and that they are entitled to qualified immunity. (Indiv. County Defs.’ Mem. 1–2.)

Abdel-Karim v. EgyptAir Airlines

116 F. Supp. 3d 389 · District Court, S.D. New York · Jul 31, 2015

The ' standard ' for granting summary judgment is well established. … EHC invoked immunity in its Answer to the Complaint in this action, and the plaintiff has not shown that EHC eyer waived that immunity.

Davis v. City of New York

959 F. Supp. 2d 427 · District Court, S.D. New York · May 24, 2013

I assume that prior to the admission of the DP forms at trial, one or both parties will offer sworn testimony from qualified DAO witnesses regarding how DP forms are prepared, in order to establish or contest the credibility … Rather, plaintiffs presumably seek only to establish that the arrests described in the forms took place as described.

Henry v. Ashcroft

175 F. Supp. 2d 688 · District Court, S.D. New York · Nov 30, 2001

To qualify for a cancellation of removal under IIRIRA, an alien must establish seven continuous years of residence in the United States, just as under the repealed INA § 212(c). … Landgraf and other Supreme Court decisions establish a two-step analysis for determining whether a statute has retroactive effect.

Tole S.A. v. Miller

530 F. Supp. 999 · District Court, S.D. New York · Dec 10, 1981

Although this court is not qualified to judge the quality of the relationship between the United States and Cuba, it can say without doubt that it has not returned to normal. … While the principle of equal protection is generally applied in the same manner to the federal government through the Fifth Amendment as it is to the states through the Fourteenth Amendment, Hampton clearly establishes additional

United States v. Wey

256 F. Supp. 3d 355 · District Court, S.D. New York · Jun 14, 2017

If the answer to that question is no, and if the officers violated clearly established law, then the Court must determine whether the officers nonetheless fall into the narrow gap described in Rosa between violations of clearly … the legal rules that were clearly established at the time it was taken.”

Merritt-Chapman & Scott Corp. v. Public Utility District No. 2 of Grant County

237 F. Supp. 985 · District Court, S.D. New York · Feb 3, 1965

under the doctrine of governmental immunity, or, .alternatively, are trust funds and therefore not properly subject to attachment. … Here, Bankers Trust, however, has clearly defined administrative duties.

Frenkel v. New York City Off-Track Betting Corp.

701 F. Supp. 2d 544 · District Court, S.D. New York · Mar 29, 2010

Clearly, FanFan was not on this record the final decision maker with respect to the demotion. … plaintiffs allegations “fail to establish that the [policymaker’s] response to the alleged discrimination was clearly unreasonable in light of the known circumstances” (citation omitted)); Mack v.

Litton Industries, Inc. v. Lehman Bros. Kuhn Loeb

767 F. Supp. 1220 · District Court, S.D. New York · Jun 4, 1991

The record clearly establishes that the parties did not negotiate all terms of their engagement prior to receipt of the letter and that Litton itself did not believe there was a prior understanding between the parties. … Clearly, Rule 6(d) addresses supporting and opposing affidavits, and is silent as to the submission of reply affidavits.

Nelson v. City of New York

District Court, S.D. New York · Aug 9, 2019

warranted on grounds of qualified immunity. … Qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” 566 U.S

Duferco International Steel Trading v. T. Klaveness Shipping A/S

184 F. Supp. 2d 271 · District Court, S.D. New York · Feb 11, 2002

The panel’s conclusion, even if incorrect, is not an error “so obvious that it would be instantly perceived by the average person qualified to serve as an arbitrator.” Willemijn, 103 F.3d at 13 . … . § 10 (a) ] for vacating or modifying the award is established.”); In Matter of Cragwood Managers, L.L.C. and Reliance Ins.

Missere v. Gross

826 F. Supp. 2d 542 · District Court, S.D. New York · Mar 31, 2011

The Court need not address the Defendants’ remaining arguments, including that Mayor Gross is entitled to absolute or qualified immunity. For these reasons, Defendants’ motions to dismiss are granted in their entirety. … But that is clearly not the case on the actual facts here, and absent an entitlement to a variance, Missere's due process claims depend on the location of 9 River Ave. within the CBS Zone, a prerequisite to his ability to

Felicie v. James

District Court, S.D. New York · May 19, 2025

May 1, 2008) (court clerks enjoy absolute immunity “if the task was undertaken pursuant to the explicit direction of a judicial officer or pursuant to the established practice of the court” (citing Rodriguez, 116 F.3d at … dismissing as frivolous a complaint that alleged that clerk of the New York Supreme Court, Kings County, refused to accept applications for a writ of habeas corpus, and noting that “many courts have accorded clerks only a qualified

Pippins v. KPMG LLP

279 F.R.D. 245 · District Court, S.D. New York · Feb 3, 2012

But KPMG has established nothing of the sort. … At This Point in the Litigation, All Audit Associates During the Relevant Time Periods Qualify as Key Players KPMG also argues that the hard drives need not be preserved because the plaintiff class members do not qualify

Equal Employment Opportunity Commission v. Local 638

401 F. Supp. 467 · District Court, S.D. New York · Jul 18, 1975

Such an assertion, aside from testing the credulity of the court, is clearly contradicted by the testimony of record. … The existence of an appeal procedure clearly cannot be viewed as justifying or in any way ameliorating the union’s practice of denying to qualified non-whites the equal access to employment opportunities guaranteed them by