green
Positive treatment
Quoted verbatim 1×
8.8 score
“arassment and the retaliation at the hands of a supervisor empowered to take tangible employment actions will trigger an employer's vicarious liability . . ..”
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998
2012
2026
Top citers, strongest first. 19 distinct citers.
discussed
Cited as authority (quoted)
Miro v. Bridgeport
arassment and the retaliation at the hands of a supervisor empowered to take tangible employment actions will trigger an employer's vicarious liability . . ..
discussed
Cited "see"
WHITE v. WALSH
See Tucker v. Outwater, 118 F.3d 930, 936 (2d Cir.) (declaring that a judge's failure to follow local procedural rules in arraigning a defendant is an act in excess of jurisdiction, but such “mistakes are precisely the kind of ‘procedural errors,’ albeit ‘grave,’ that do not deprive a judge of subject matter jurisdiction—or judicial immunity”) (quoting Stump, 435 U.S. at 359 , 98 S. Ct. 1099 ), cert. denied, 522 U.S. 997 , 118 S. Ct. 562 , 139 L.Ed.2d 402 (1997).
discussed
Cited "see"
Washburn v. Kingsborough Community College
See, Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 70 (2d Cir. 2000)(“the test is whether ‘the harassment is of such quality or quantity that a reasonable employee would find the conditions of [their] employment altered for the worse.”) (emphasis added) (quoting Torres v. Pisano, 116 F.3d 625, 632 (2d Cir. 1997), cert. denied, 522 U.S. 997 (1997)).
discussed
Cited "see"
Smith v. AVSC International, Inc.
See Henriguez v. Times Herald Record, No. 97-9637, 165 F.3d 14 , 1998 WL 781781 , at *1 (2d Cir. Nov. 6, 1998) (table) (urging plaintiff to meet shortened deadlines and accept heavier workload while working on weekends held not an adverse employment action) (citing Torres v. Pisano, 116 F.3d 625 , 639-40 (2d Cir.), cert. denied, 522 U.S. 997 , 118 S.Ct. 563 , 139 L.Ed.2d 404 (1997)); Little v. New York, 96 Civ. 5132, 1998 WL 306545 at *5-6 (E.D.N.Y.
cited
Cited "see"
United States v. Raibley, Paul T.
See Forman v. Richmond Police Dep’t, 104 F.3d 950 , 960 (7th Cir.), cert. denied, 522 U.S. 997 , 118 S. Ct. 563 (1997); Price, 54 F.3d at 346 (7th Cir. 1995).
cited
Cited "see"
United States v. Paul T. Raibley
See Forman v. Richmond Police Dep’t, 104 F.3d 950 , 960 (7th Cir.), cert. denied, 522 U.S. 997 , 118 S.Ct. 563 , 139 L.Ed.2d 403 (1997); Price, 54 F.3d at 346 (7th Cir.1995).
cited
Cited "see"
Bass v. World Wrestling Federation Entertainment, Inc.
See Torres v. Pisano, 116 F.3d 625, 633 (2d Cir.), cert. denied, 522 U.S. 997 , 118 S.Ct. 563 , 139 L.Ed.2d 404 (1997).
discussed
Cited "see"
Figueroa v. Blackburn
See Tucker v. Outwater, 118 F.3d 930, 936 (2d Cir.) (declaring that a judge's failure to follow local procedural rules in arraigning a defendant is an act in excess of jurisdiction, but such "mistakes are precisely the kind of `procedural errors,' albeit `grave,' that do not deprive a judge of subject matter jurisdiction -- or judicial immunity") (quoting Stump, 435 U.S. at 359 ), cert. denied, 522 U.S. 997 (1997).
discussed
Cited "see"
Robert David Figueroa v. Audrey P. Blackburn
See Tucker v. Outwater, 118 F.3d 930, 936 (2d Cir.) (declaring that a judge’s failure to follow local procedural rules in arraigning a defendant is an act in excess of jurisdiction, but such “mistakes are precisely the kind of ‘procedural errors,’ albeit ‘grave,’ that do not deprive a judge of subject matter jurisdiction — or judicial immunity”) (quoting Stump, 435 U.S. at 359 , 98 S.Ct. 1099 ), cert. denied, 522 U.S. 997 , 118 S.Ct. 562 , 139 L.Ed.2d 402 (1997).
cited
Cited "see"
Gaynor v. Martin
See Torres v. Pisano, 116 F.3d 625, 639 (2d Cir.), cert. denied, 522 U.S. 997 , 118 S.Ct. 563 , 139 L.Ed.2d 404 (1997).
discussed
Cited "see"
Faragher v. City of Boca Raton
(2×)
McGregor Electronic Industries, Inc., 955 F. 2d 559, 564 (CA8 1992) (employer-company liable where harassment was perpetrated by its owner); see Torres v. Pisano, 116 F. 3d 625, 634-635 , and n. 11 (CA2) (noting that a supervisor may hold a sufficiently high position "in the management hierarchy of the company for his actions to be imputed *790 automatically to the employer"), cert. denied, 522 U. S. 997 (1997); cf. Katz, supra, at 255 ("Except in situations where a proprietor, partner or corporate officer participates personally in the harassing behavior," an employee must "demonstrat[e] the …
discussed
Cited "see, e.g."
Patterson v. Rodgers
See also Tucker v. Outwater, 118 F.3d 930, 932-33 (2d Cir.), cert. denied, 522 U.S. 997 , 118 S.Ct. 562 , 139 L.Ed.2d 402 (1997) (Section 1983 suits against judges acting within purview of judicial duties barred by absolute judicial immunity).
discussed
Cited "see, e.g."
Ribis v. Mike Barnard Chevrolet-Cadillac, Inc.
See, e.g., Torres v. Pisano, 116 F.3d 625, 640 (2d Cir.) (plaintiffs common law negligence claim, based on employer’s failure to supervise plaintiffs supervisor and to prevent the establishment of a hostile working environment, was barred by § 29(6)), cert. denied, 522 U.S. 997 , 118 S.Ct. 563 , 139 L.Ed.2d 404 (1997); Pellei v. International Planned Parenthood Fed./Western Hemisphere Region, Inc., No. 96 CIV. 7014, 1999 WL 787753 , at *13 (S.D.N.Y.
discussed
Cited "see, e.g."
Huminski v. Corsones
As intimated by the Stump excerpt, our determination that a judicial official is entitled to judicial immunity "is not overcome by allegations of bad faith or malice, the existence of which ordinarily cannot be resolved without engaging in discovery and eventual trial." Mireles v. Waco, 502 U.S. 9, 11 , 112 S.Ct. 286 , 116 L.Ed.2d 9 (1991) (per curiam); see also Tucker v. Outwater, 118 F.3d 930, 932 (2d Cir.1997), cert. denied, 522 U.S. 997 , 118 S.Ct. 562 , 139 L.Ed.2d 402 (1997).
discussed
Cited "see, e.g."
Huminski v. Corsones
As intimated by the Stump excerpt, our determination that a judicial official is entitled to judicial immunity “is not overcome by allegations of bad faith or malice, the existence of which ordinarily cannot be resolved without engaging in discovery and eventual trial.” Mireles v. Waco, 502 U.S. 9, 11 , 112 S.Ct. 286 , 116 L.Ed.2d 9 (1991) (per curiam); see also Tucker v. Outwater, 118 F.3d 930, 932 (2d Cir.1997), cert. denied, 522 U.S. 997 , 118 S.Ct. 562 , 139 L.Ed.2d 402 (1997).
discussed
Cited "see, e.g."
Huminski v. Corsones
As intimated by the Stump excerpt, our determination that a judicial official is entitled to judicial immunity “is not overcome by allegations of bad faith or malice, the existence of which ordinarily cannot be resolved without engaging in discovery and eventual trial.” Mireles v. Waco, 502 U.S. 9, 11 , 112 S.Ct. 286 , 116 L.Ed.2d 9 (1991) (per curiam); see also Tucker v. Outwater, 118 F.3d 930, 932 (2d Cir.), cert. denied, 522 U.S. 997 , 118 S.Ct. 562 , 139 L.Ed.2d 402 (1997).
discussed
Cited "see, e.g."
Carley v. Lawrence
This Court has held that a judge is entitled to absolute immunity from liability for damages under § 1983 for actions performed in his judicial capacity, and, in addition, “[a] judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority.” See Fields v. Soloff, 920 F.2d 1114, 1119 (2d Cir.1990); see also Tucker v. Outwater, 118 F.3d 930, 932-33 (2d Cir.1997) (civil liability may not be imposed on a judge for acts allegedly committed within the scope of the judge’s jurisdiction and judicial duties), cert. denied, …
discussed
Cited "see, e.g."
Lisa L. Fitzgerald v. William Henderson, Postmaster General, United States Postal Service
(2×)
See, e.g., Torres v. Pisano, 116 F.3d 625, 630 (2d Cir.), cert. denied, 522 U.S. 997 (1997). "[T]o establish a prima facie case of quid pro quo harassment, a plaintiff must present evidence that she was subject to unwelcome sexual conduct, and that her reaction to that conduct was then used as the basis for decisions affecting the compensation, terms, conditions or privileges of her employment." Karibian v. Columbia University, 14 F.3d 773, 777 (2d Cir.), cert. denied, 512 U.S. 1213 (1994).
discussed
Cited "see, e.g."
Nowak v. EGW Home Care, Inc.
As the Supreme Court has reminded, “[c]on-duct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond Title VII’s purview.” Id. at 21, 114 S.Ct. 367 ; see also Torres v. Pisano, 116 F.3d 625, 631 (2d Cir.), cert. denied, 522 U.S. 997 , 118 S.Ct. 563 , 139 L.Ed.2d 404 (1997).
Barge et ux.
v.
St. Paul Fire & Marine Insurance Co.
v.
St. Paul Fire & Marine Insurance Co.
No. 97-551.
Supreme Court of the United States.
Dec 1, 1997.
Published
Citer courts: D. Connecticut (1)
Ct. App. Ga. Certiorari denied.