Case law

Afrika v. Selsky

750 F. Supp. 595 · District Court, S.D. New York · Jun 25, 1990

Plaintiff also clearly does not seek damages from Defendant Ryan, and such relief would probably be barred by the doctrine of prosecutorial immunity. … Since we have determined that Selsky’s review was constitutionally sufficient, we need not reach the question of his entitlement to qualified immunity.

Richardson v. CIVIL SERV. COM'N OF STATE OF NEW YORK

387 F. Supp. 1267 · District Court, S.D. New York · Dec 26, 1973

A state agency is not necessarily immune from suit under the eleventh amendment. See, e. g., Merrill Lynch, Pierce, Fenner & Smith v. Cavicchia, 311 F. Supp. 149, 155 (S.D.N.Y.1970). … Assuming all of these allegations to be true, however, it is clear that plaintiff would be unable to establish a denial of procedural due process.

Olympic Chartering SA v. MINISTRY OF IND. AND TRADE OF JORDAN

134 F. Supp. 2d 528 · District Court, S.D. New York · Feb 6, 2001

Olympic Chartering does not dispute that the Central Bank qualifies as a “foreign central bank.” 3 Furthermore, the Central Bank has demonstrated that the funds at issue were “held for its own account[.]” 28 U.S.C. § 1611 … Therefore, the Central Bank is clearly a “foreign central bank” for the purposes of 28 U.S.C. § 1611 (b)(1). 4 .

Yeadon v. New York City Transit Authority

719 F. Supp. 204 · District Court, S.D. New York · Aug 4, 1989

Plaintiffs have properly stated § 1985 and § 1986 claims, which may not be dismissed at this stage on the basis of defendants’ qualified immunity or their intracorporate relationship. … The right of access to the courts, free from racially motivated interference, having been well established at the time of defendants’ alleged conspiracy, defendants may not invoke qualified immunity at this time.

Decor by Nikkei International, Inc. v. Federal Republic of Nigeria

497 F. Supp. 893 · District Court, S.D. New York · Aug 18, 1980

It appears the qualifying words “not exceeding” had been originally included in Chenax’s contract but were intentionally stricken therefrom with the consent of Nigeria and Chenax. … Indeed, these acts clearly demonstrate Nigeria’s intent to terminate its performance under these contracts.

Carl Marks & Co. v. Union of Soviet Socialist Republics

665 F. Supp. 323 · District Court, S.D. New York · Jul 31, 1987

See Restatement (Second) of Foreign Relations Law of the United States § 107, comment d (“A claim of immunity as a foreign state may not be defeated by asserting that an entity that qualifies for recognition as a state .. … New York Trust Co., then, clearly indicates that as late as 1946 the United States courts regarded the Soviet Union as entitled to absolute immunity from claims arising from its repudiation of foreign debts.

United States v. Pellon

475 F. Supp. 467 · District Court, S.D. New York · Aug 3, 1979

The first aspect can clearly be viewed as a simple nonprosecution agreement. … To make this argument, of course, the defendants must first establish that a type of use immunity existed for their disclo *479 sures to the Government in the spring of 1978. 9 This they have tried to establish in two ways

Sundance Cruises Corp. v. American Bureau of Shipping

799 F. Supp. 363 · District Court, S.D. New York · Sep 18, 1992

We conclude, therefore, that plaintiffs claims in contract under the Ryan doctrine fail as a matter of law. (4) Immunity Under Bahamian Law Before turning to defendant’s claim that it is the beneficiary of a qualified immunity … Turning to the question of whether or not Bahamian law immunizes defendant, we are presented with affidavits from and testimony by two extraordinarily well qualified Bahamian attorneys; Sir Leonard Knowles for defendant and

Harrison v. Sobol

705 F. Supp. 870 · District Court, S.D. New York · Dec 8, 1988

Immunity Commissioner Sobol has moved to dismiss the claim against him in its entirety, claiming immunity from suit in his official capacity. … The Commissioner is not protected from liability by legislative, judicial, or qualified immunity. The District is also liable for damages under Monell v.

Pan American Tankers Corporation v. Republic of Vietnam

291 F. Supp. 49 · District Court, S.D. New York · Oct 11, 1968

Should The Republic of Vietnam succeed in establishing at least a prima facie case to sustain its plea, the Court may order an evidentiary hearing to further develop the record, on the motion of either party, unless the essential … facts are clearly set forth and not disputed.

Ferrostaal Metals Corp. v. S.S. Lash Pacifico

652 F. Supp. 420 · District Court, S.D. New York · Jan 21, 1987

MIE claims that as a foreign trade company, it qualifies as an agency or instrumentality of the Romanian government. … Section 21 of Law 1 of 1971 provides for establishment of economic units authorized directly to carry out foreign trade, and section 60 provides that foreign trade economic units shall have autonomy in marketing, selecting

Obie v. Commodity Futures Trading Commission

District Court, S.D. New York · Sep 6, 2024

Luna, 577 U.S. 7, 12 (2015)) (“[T]he dispositive question is ‘whether the violative nature of particular conduct is clearly established.’”). … The Court rejected the corrections officers’ claim of qualified immunity, concluding that the policy denying the right to joint prayer without any justification or compelling interest violated clearly established law.

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 absolute

Paige v. City of New York Correction Department

798 F. Supp. 2d 508 · District Court, S.D. New York · Jul 15, 2011

immunity; and (7) Paige’s conspiracy claims fail as a matter of law. … In any event, the Court finds that Cobham would be entitled to the protection against suit under the doctrine of qualified immunity. See Martinez v. Simonetti, 202 F.3d 625, 633-34 (2d Cir.2000).

Dexter v. Depository Trust and Clearing Corp.

406 F. Supp. 2d 260 · District Court, S.D. New York · Sep 21, 2005

Regardless of the merits of Dexter’s claims with respect to the propriety of these decisions, all were clearly regulatory decisions squarely covered by the NASD’s immunity as an SRO. … Since “absolute immunity must be absolute,” DL Capital, 409 F.3d at 95 , it must protect even actions that a plaintiff could ultimately establish were in violation of law.

Kozlowski v. Ferrara

117 F. Supp. 650 · District Court, S.D. New York · Jan 6, 1954

I. agent, and hence he is immune from suit, and (2) that the complaint establishes that the plaintiff waived his right to a preliminary hearing and was held by the Commissioner for the Grand Jury, and as a result probable … I. was accorded such immunity, and there the decision rested on the conclusion that his actions were clearly within the scope of .his official duties. Cooper v.

Snowden v. Solomon

District Court, S.D. New York · Oct 25, 2021

The Second Circuit reversed this Court’s decision in part, concluding the appealing individual defendants were entitled to qualified immunity. … Thus, as to the second prong of the qualified immunity analysis, the purportedly retaliatory actions were not prohibited by clearly established law.

Rivera v. Metropolitan Transit Authority

750 F. Supp. 2d 456 · District Court, S.D. New York · Nov 11, 2010

. • Against defendants Ranoldo, King and Fitzpatrick on the grounds that they were not personally involved in any constitutional violation and, in any case, are entitled to qualified immunity- • Against the MTA on the ground … It therefore is unnecessary to consider the question of qualified immunity. III.

Zucker v. Sable

72 F.R.D. 1 · District Court, S.D. New York · Jul 11, 1975

It is also clear that materials assembled during routine investigations by counsel do not receive the qualified immunity afforded an attorney’s “work product” by Rule 26(b)(3). United States v. … San Corp., 291 F.Supp. 247, 250 (E.D.Pa.1968). 2 Therefore, the documents in question which were not originated by counsel in the preparation of his case are not immune from discovery.

Reers v. Deutsche Bahn AG

320 F. Supp. 2d 140 · District Court, S.D. New York · Jun 3, 2004

Deutsche Bahn is immune from suit in the United States. … In Dole, the Supreme Court held that indirect subsidiaries of a foreign state do not qualify as agencies or instrumentalities under the FSIA, because they do not satisfy the statutory requirement of majority ownership by