Case law

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.

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.”).

Rye Psychiatric Hospital Center, Inc. v. Surles

777 F. Supp. 1142 · District Court, S.D. New York · Nov 7, 1991

Two additional exceptions to eleventh amendment immunity have blurred the retroactive/prospective inquiry. … On the present record, the court is unable to establish whether New York does indeed qualify for an exemption under 42 U.S.C. § 1396r-4(e).

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.

United States v. Helmsley

726 F. Supp. 929 · District Court, S.D. New York · Dec 4, 1989

My review of the evidence introduced over eight weeks at trial, together with the history of the investigation, clearly demonstrates the independent source of the Government’s evidence. … Thus, under the facts of this case, where the subject matter of the immunized testimony is unrelated to that of the federal investigation, the Government need not establish elaborate procedures to prevent taint.

McCoy v. Goldin

598 F. Supp. 310 · District Court, S.D. New York · Dec 3, 1984

Action versus Defendant Linn The Magistrate recommends that the action against defendant Linn be dismissed based on a qualified immunity. Harlow v. … The City does not enjoy such qualified immunity for an employee’s action taken pursuant to municipal policy. Monell v.

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.

Menes v. CUNY University of New York

92 F. Supp. 2d 294 · District Court, S.D. New York · Apr 12, 2000

immunity.” … For the reasons set forth above, qualified immunity is appropriate in this case. VI.

Johnson v. Kelsh

664 F. Supp. 162 · District Court, S.D. New York · Jul 14, 1987

Section 1983, under which plaintiff brings this action, does not create a damage remedy for all conduct which may result in an injury to a constitutionally protected interest. [6] Executive officials generally are entitled to qualified … The right of judges, grand jurors, petit jurors, advocates, prosecutors, and witnesses to absolute immunity has been firmly established. [10] The need to protect the effective functioning of the justice system [11] makes

Gavigan v. Clarkstown Central School District

84 F. Supp. 2d 540 · District Court, S.D. New York · Feb 28, 2000

Plaintiff’s Prima Facie Case To establish a prima facie case of age discrimination, plaintiff must show that: (1) she was within the protected age group; (2) she was qualified for the job; (3) she suffered from an adverse … Accordingly, plaintiff has met her burden of establishing a prima facie case. B.

Harris v. City of New York

District Court, S.D. New York · Feb 16, 2023

“Courts are cautioned not to define clearly established law at a high level of generality, and police officers are entitled to qualified immunity unless existing precedent squarely governs … Below is a review of Second Circuit precedent addressing qualified immunity and clearly established law for the use of a taser since Brown II.

Megna v. Biocomp Laboratories Inc.

225 F. Supp. 3d 222 · District Court, S.D. New York · Dec 21, 2016

Section 505 permits the award of attorney’s fees to a prevailing party, Defendants’ success on a “technical” issue does not qualify them as “prevailing parties” entitled to attorney’s fees; and (2) Megna’s claims were not … Megna conceded that he could not establish New York jurisdiction over Grabe, and made no argument to support jurisdiction in Colorado. (See Dkt. No. 18, at 1.)

Denis v. Town of Haverstraw

852 F. Supp. 2d 405 · District Court, S.D. New York · Mar 30, 2012

In Kovit , the Court of Appeals, relying on Pelaez , indicated that “municipalities generally enjoy immunity from liability for discretionary activities they undertake through their agents, except when plaintiffs establish … The Court of Appeals then addressed the “lingering confusion concerning the special duty rule (establishing a tort duty of care) and the governmental function immunity defense (affording a full defense for discretionary acts

Finkielstain v. Seidel

692 F. Supp. 1497 · District Court, S.D. New York · Jan 22, 1988

In creating MDIF, the Maryland General Assembly clearly expressed its intention that MDIF would be protected by the state’s sovereign immunity: “Notwithstanding any other provision of law, and except as otherwise expressly … Coler, 801 F.2d 893, 906 (7th Cir.1986) (extending immunity to state agency because established by state statute and funded by the state).

Andino v. Fischer

698 F. Supp. 2d 362 · District Court, S.D. New York · Mar 17, 2010

Title II of the ADA and Sovereign Immunity “New York has not waived its sovereign immunity as to suits seeking either monetary or injunctive relief in federal court.” Goonewardena v. … To establish a violation under the ADA, the plaintiff must demonstrate: (1) that he is a “qualified individual” with a disability; (2) that the defendants are subject to the ADA and/or Rehabilitation Act; and (3) that the

Gordon v. New York Stock Exchange, Inc.

366 F. Supp. 1261 · District Court, S.D. New York · Dec 3, 1973

However, Congress clearly was aware of the Exchanges’ rate-fixing practices, since both House and Senate debates on the Act specifically refer to the fixing of commissions. … The SEC since its establishment has exercised this power of review over Exchange rates of commission, and it has inaugurated a regular system of reporting from Exchange members to furnish the necessary information.

Verri v. Nanna

972 F. Supp. 773 · District Court, S.D. New York · Aug 1, 1997

Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The Second Circuit has stated that when a defense of qualified immunity is raised in the context of a retaliatory claim, a court must decide first whether a clearly established right is at stake, and second, whether the *

Gray v. Permanent Mission of the People's Republic of the Congo to the United Nations

443 F. Supp. 816 · District Court, S.D. New York · Jan 18, 1978

As to the third factor, it should be noted that the Immunities Act requires that the foreign state be notified of the default according to the procedures established for the service of process. … It must be noted that the Immunities Act does establish an exception to the general principle of sovereign immunity for a foreign state for cases “in which rights in immovable property situated in the United States are in

Harris v. Beedle

845 F. Supp. 1030 · District Court, S.D. New York · Mar 10, 1994

They also argue that Beedle and Brons are entitled to summary judgment because they are entitled to qualified immunity and because they were never properly served process. … Because we hold that plaintiff has failed to establish a genuine issue of material fact in support of her claims, we need not reach whether defendants Beedle and Brons are also entitled to judgment due to qualified immunity