Legal Opinion

New York State National Organization for Women v. Cuomo

District Court, S.D. New York

Decided July 24, 1998No. 93 Civ. 7146(RLC)PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ROBERT L. CARTER, District Judge.

This is a class action against defendants arising from constitutional violations allegedly committed by the New York State Division of Human Rights (“SDHR” or the “Division”). The plaintiffs-intervenors seek a declaratory judgment, injunctive relief, and damages.

Defendants now move to dismiss the damage claims, pursuant to Rule 12(c), F.R.Civ. P., on grounds of qualified immunity. Alternatively, defendants ask the court to dismiss the damage claims asserted against defendant Mercado (“Mercado”) under the doctrine of absolute legislative immunity.

I.…

2Cases cited44 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950

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3Cited by1 opinion

  1. NEW YORK STATE NAT. ORGAN. FOR WOMEN v. CuomoDistrict Court, S.D. New York · 1998

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