Case law

Falchenberg v. New York State Department of Education

567 F. Supp. 2d 513 · District Court, S.D. New York · Jun 26, 2008

qualified to meet the program requirements; and (4) Defendants refused to make reasonable accommodations. … abrogation of that immunity by Congress.

Bertuglia v. City of New York

839 F. Supp. 2d 703 · District Court, S.D. New York · Mar 19, 2012

Rather, they are entitled to qualified immunity. Id. The ADA defendants have not relied on qualified immunity as a basis to dismiss any claims against them. 4. … On appeal, the prosecutor conceded only for the purposes of the appeal that he was acting in his investigative capacity, and only entitled to qualified immunity. 221 F.3d at 347 .

Primetime 24 Joint Venture v. National Broadcasting Co.

21 F. Supp. 2d 350 · District Court, S.D. New York · Sep 28, 1998

Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), the Supreme Court established the basic principle of antitrust immunity for petitioning conduct, holding that “[j]oint efforts to influence public officials … Good faith litigation clearly falls within the parameters of the Noerr doctrine. See Professional Real Estate Investors, Inc. v.

Gutierrez v. City of New York

756 F. Supp. 2d 491 · District Court, S.D. New York · Nov 29, 2010

Qualified immunity shields government actors performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986) (qualified immunity does not protect “those who knowingly violate the law”).

Harrell v. City of New York

138 F. Supp. 3d 479 · District Court, S.D. New York · Sep 30, 2015

That is not enough to survive a motion to dismiss made by an individual-capacity defendant based on an assertion of qualified immunity. 24 D. … Because the Court finds that the individual defendants are entitled to qualified immunity, it does not reach the issue of absolute immunity.

Suss v. American Society for the Prevention of Cruelty to Animals

823 F. Supp. 181 · District Court, S.D. New York · May 31, 1993

The question of qualified immunity has not been fully briefed on the present motions, nor has there been adequate factual development to permit me to determine whether summary judgment should be granted in favor of one or … Since I do not regard qualified immunity as being raised by the present motions, defendants may file a separate motion directed to that issue without further leave.

Hyatt Corp. v. Stanton

945 F. Supp. 675 · District Court, S.D. New York · Nov 19, 1996

In Gates , the Ninth Circuit also reasoned that if immunity were extended to entities a majority of whose shares are owned by an agency or instrumentality, the number of potentially immune entities would vastly increase. … Defendant asserts that this case is removable also under 28 U.S.C. § 1441 (b), which establishes federal question jurisdiction.

Iannillo v. County of Orange

187 F. Supp. 2d 170 · District Court, S.D. New York · Feb 25, 2002

Qualified Immunity Defendants move to dismiss the individual liability claims against defendants on the grounds that they are entitled to qualified immunity under § 1983. For the following reasons, we disagree. … ... in light of the legal rules that were clearly established at the time it was taken.

United States Ex Rel. Laino v. Warden of Wallkill Prison

246 F. Supp. 72 · District Court, S.D. New York · Aug 25, 1965

The burden would be upon the Government to establish the negative fact that none of its evidence is the fruit of the protected tree of the witness’s immunized testimony.” But how is this done? … United States, 215 F.2d 253, 257 , 261 n. 10 (2d Cir. 1954) (dissenting opinion) “[i]f, at trial of his injunction suit, Lapides proved that the government got disclosures from him through an immunity-promise, he would establish

Whitfield v. City of New York

District Court, S.D. New York · Jan 29, 2025

He argues, first, that the Court’s qualified immunity ruling “overlooked the fact that . . . the First Amendment right to freedom of speech was clearly established as of September 2018,” when ACS rejected his application … Whitfield is correct that, “[f]or purposes of deciding whether a defendant is entitled to qualified immunity, we do not require a case directly on point for a right to be clearly established.” Sloley v.

United States v. Zemlyansky

945 F. Supp. 2d 438 · District Court, S.D. New York · May 20, 2013

As one scholar noted in 2011, a natural reconciliation of the Court’s qualified immunity and criminal procedure doctrines suggests that violations of clearly established law (e.g., the conduct in Groh) will also meet the … Thus, where denial of qualified immunity would be appropriate in the civil context because clearly established law establishes a warrant’s invalidity, so too must a court conclude that an officer’s conduct was objectively

Moore v. National Distillers & Chemical Corp.

143 F.R.D. 526 · District Court, S.D. New York · Aug 14, 1992

In that case, the Court held that the defendant had clearly and explicitly waived its immunity in all legal proceedings. … Wang, Senior Vice President of Chung Kuo, which I find clearly establishes its status as a foreign sovereign. Accordingly, Chung Kuo’s motion to be relieved from posting preanswer security pursuant to N.Y.Ins.

Litton Industries, Inc. v. Lehman Bros.

125 F.R.D. 51 · District Court, S.D. New York · Mar 29, 1989

DISCUSSION Appeals from decisions of magistrates are subject to the clearly erroneous standard of review. 28 U.S.C. § 636 (b)(1)(A). … The work-product privilege grants a qualified immunity from disclosure to attorneys’ recollections and mental impressions of their witness interviews as reflected in statements, memoranda, correspondence and briefs.

Gruss v. Zwirn

276 F.R.D. 115 · District Court, S.D. New York · Jul 14, 2011

Waiver The party claiming either attorney-client privilege or work-product immunity also bears the burden of establishing that the privilege has not been waived. … Cf. id. at 229 (no waiver found based on assertion of defense of qualified immunity, since “reliance upon advice of counsel ... cannot be used to support th[at] defense.”).

Morgan Guar. Trust Co. of NY v. Republic of Palau

639 F. Supp. 706 · District Court, S.D. New York · Jul 10, 1986

is not immune from federal court jurisdiction. … immunity concepts pri- or to the enactment of the FSIA.

Mindich Developers, Inc. v. Hunziker

622 F. Supp. 1513 · District Court, S.D. New York · Dec 2, 1985

immunity for such conduct, the Court grants the motion. … Accordingly, the qualified immunity available under Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) is clearly negated here.

Liguori v. Alexander

495 F. Supp. 641 · District Court, S.D. New York · Jul 23, 1980

Defendant’s motion to dismiss this claim is also grounded on Heller’s official immunity. … Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), which held that only qualified immunity attaches to a federal employee who commits a constitutional tort.

Gonzalez v. United States

690 F. Supp. 251 · District Court, S.D. New York · Jul 15, 1988

The Government cannot escape the liability clearly envisioned by the statute by describing the challenged decision as a “policy” matter. … Nor does it establish whether individual postal stations were required to implement the queuing system described.

Export-Import Bank of Republic of China v. Grenada

876 F. Supp. 2d 263 · District Court, S.D. New York · Jun 22, 2012

Finally, Ex-Im Bank argues that the Arbitration Funds have been clearly designated for commercial use by Grenada because Grenada intends to use them to pay its attorneys. Cf. EM Ltd. v. Republic of Arg. (EM Ltd. … Federal Republic of Nigeria, 647 F.2d 300 , 310 (2d Cir.1981), the court concluded that cement contracts and letters of credit qualified as commercial activity. .

United States v. District Coun. of New York City & Vicinity

832 F. Supp. 644 · District Court, S.D. New York · Sep 8, 1993

On the other hand, the same words spoken under different circumstances, e.g., to an acquaintance, would have no difficulty in qualifying. … And “once a conspiracy is established, only slight, even circumstantial evidence is needed to link [a defendant] with it.” United States v. Cota, 953 F.2d 753, 758 (2d Cir.1992), citing United States v.