Case law

Almonte v. Law Enforcement Agency

District Court, S.D. New York · Feb 22, 2022

. § 1915(e)(2)(B)(i)-(iii)1); Almonte v. 1 “Any claim dismissed on the ground of absolute judicial immunity is frivolous for purposes of 1915(g).” Mills v. Fischer, 645 F.3d 176, 177 (2d Cir. 2011). … role in establishing the fairness and reliability” of the dismissal order, “avoids the risk that the court may overlook valid answers to its perception of defects in the plaintiff’s case,” and prevents unnecessary appeals

Flamm v. American Ass'n of University Women

28 F. Supp. 2d 185 · District Court, S.D. New York · Dec 17, 1998

The First Amendment and the New York state constitution protect the “breathing space [that] freedoms of expression require in order to survive,” and they do so by providing “immunity for statements of opinion relating to … Rather, the statement was clearly made by someone whose case Flamm declined to accept.

United States v. Maurer

76 F. Supp. 2d 353 · District Court, S.D. New York · Jul 26, 1999

Clearly the effects of the former on law enforcement are far more devastating. … While this Circuit has recognized this ground for departure, it has only been warranted where it is clearly established that the defendant is a unique source of financial and/or emotional support for a significant number

Mouzon v. United States

District Court, S.D. New York · Jan 6, 2025

The Court sua sponte dismissed Plaintiff’s claims against the BOP under the doctrine of sovereign immunity. (Doc. 9). Defendant Keahon’s order. (Id. ¶ 12). … However, while “[p]ro se complaints are held to less stringent standards than those drafted by lawyers, even following Twombly and Iqbal,” dismissal is “appropriate where a plaintiff has clearly failed to meet minimum

Pearl River Union Free School District v. King

214 F. Supp. 3d 241 · District Court, S.D. New York · Oct 6, 2016

] qualifies as an injury in fact for purposes of establishing [Plaintiffs] standing to challenge ... … A plaintiff may not rely on an unpled injury to establish standing.

NY STATE ASS'N OF CAREER SCHOOLS v. Educ. Dept.

762 F. Supp. 1124 · District Court, S.D. New York · May 6, 1991

Munro, 650 F.2d 184, 188 (9th Cir.1981) ("the courts have consistently required that plaintiffs seeking to qualify as `prevailing parties' [under § 1988] establish some sort of clear, causal relationship between the litigation … Plaintiffs' direct effect on the legislative process therefore appears to have been the result of lobbying pressure, and thus an award of attorney's fees is clearly not warranted on that basis.

Leather v. Ten Eyck

97 F. Supp. 2d 482 · District Court, S.D. New York · May 11, 2000

The trial jurors had the right to believe Ryan’s testimony, except as to those events where he was clearly not present and testifying solely based on hearsay or speculation. … One who does so does not gain immunity by picking a political fight with the Sheriff.

Sterling Drug Inc. v. Harris

488 F. Supp. 1019 · District Court, S.D. New York · Jan 7, 1980

that the documents fell clearly within the exempted category. … To qualify for work product protection, material must have been prepared “with an eye to litigation.” Mobil Oil Corp. v. F.T.C., 430 F.Supp. 855 (S.D.N.Y.1977).

Volpe v. New York City Department of Education

195 F. Supp. 3d 582 · District Court, S.D. New York · Jul 14, 2016

Warner, 511 F.Supp.2d 241, 248 (D.Conn.2007) (granting qualified immunity on Fourth Amendment claim to school security aide who questioned student in an office for 20 to 30 minutes). … Precedent clearly establishes that the first, third, and fourth categories of conduct listed immediately above do not rise to the level of an adverse retaliatory action.

Robinson v. Balanetre

District Court, S.D. New York · Apr 20, 2022

immunity. … To that point, it is well-settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v.

New York v. United States Postal Service

690 F. Supp. 1346 · District Court, S.D. New York · Aug 1, 1988

Section 504 provides, in relevant part, that: No otherwise qualified individual with handicaps in the United States, ... shall, solely by reason of his handicap, ... be denied the benefits of, or be subjected to discrimination … As discussed above, by enacting the arbitration provisions found in §§ 107d-1(a) and (b), Congress clearly intended to establish a complementary scheme whereby disputes over the substantive rights contained in the Act could

Greenidge v. Allstate Insurance

312 F. Supp. 2d 430 · District Court, S.D. New York · Feb 19, 2004

This case, however, clearly falls on the side of the line where no disclaimer is required. … With respect to the first of these prongs, the principle that a finding of bad faith must be related to the breach of contractual obligations means that once an insurer has offered its policy limits, it is immune from a claim

Warren v. Laird

353 F. Supp. 730 · District Court, S.D. New York · Aug 11, 1972

Ill Prima Facie Case An applicant for discharge as a conscientious objector bears the burden of establishing at least a prima facie case. … The burden of proof to establish credibility and adherence to the governing law rests solely on the applicant. 7.

Debidat v. Marriott, International, Inc.

580 F. Supp. 2d 300 · District Court, S.D. New York · Sep 29, 2008

To meet this burden, plaintiff must show “(1) that he belonged to a protected class; (2) that he was qualified for the position he held; (3) that he suffered an adverse employment action; and (4) that the adverse employment … Coughlin, 94 F.3d 71, 74 (2d Cir.1996) (“Where it appears clearly upon the record that all of the evidentiary materials that a party might submit in response to a motion for summary judgment are before the court, a sua sponte

Wilder v. United States Department of Veterans Affairs

175 F. Supp. 3d 82 · District Court, S.D. New York · Mar 31, 2016

Collectively, these alleged facts clearly support a claim for breach of the Union’s duty of fair representation. … Local 819, Int’l Bd. of Teamsters, 169 F.3d 782, 784 (2d Cir.1999) (noting that "individual union members” are “immun[e] ... in suits for breach of the duty of fair representation”).

At Home Corp. v. Cox Communications, Inc.

340 F. Supp. 2d 404 · District Court, S.D. New York · Aug 17, 2004

According to the complaint, during the relevant period, defendants Cox and Comcast collectively owned more that ten percent of the outstanding shares of At Home Series A common stock and acted as a group, thereby qualifying … This linguistic distinction is an empty one; the phrase "the greater of X and Y,” whether or not it is grammatically correct, is clearly meant to express the same thing as "the greater of X or Y,” because there is no other

Holzapfel v. Town of Newburgh, New York

950 F. Supp. 1267 · District Court, S.D. New York · Jan 15, 1997

City of Henderson, 47 F.3d 746, 749 (5th Cir.1995), for example, the court of appeals indicated that had the evidence clearly established the chief of police’s awareness of the plaintiff police officer’s need tu work overtime … Here, plaintiff has not established that judgment as a matter of law is warranted. 4 .

United States v. Genin

594 F. Supp. 2d 412 · District Court, S.D. New York · Jan 26, 2009

Genin contends that the information in the affidavit was stale and thus was insufficient to establish probable cause. … The Court determined that probable cause had not been established.

Moss v. Apker

376 F. Supp. 2d 416 · District Court, S.D. New York · Jul 6, 2005

. § 3621 (e)(2)(B), 5 which contains an incentive provision that allows qualified prisoners to enjoy an earlier release after completion of a drug treatment program. … Following doctrine established by Chevron U.S.A., Inc. v. Natural Res. Def.

Town of Clarkstown v. Reeder

566 F. Supp. 137 · District Court, S.D. New York · Jun 3, 1983

The Clarkstown budget, however, had insufficient funds available to establish this program. … The input Reeder received from all sources clearly helped shape the Manual into its present form.