Ying Jing Gan v. The City Of New York

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where district attorney acts as prosecutor, he is “deemed to be an official of New York State . . . entitled to invoke Eleventh Amendment immunity”
• stating that nonmovant “may not rely simply on conclusory statements or on contentions that the affidavits supporting the motion are not credible,” but must produce evidence to dispute fact
• noting prosecutor’s decision to initiate a prosecution and performance of litigation-related duties “are given the shield of absolute immunity”
• nonmoving party \may not rely simply on conclusory statements or on contentions that the affidavits supporting the motion are not credible\
• affirming dismissal of complaint where the Monell allegations “contained only conclusory and speculative assertions” that the alleged conduct occurred “pursuant to the practice, custom, policy and particular direction of” the policymaker
• affirming dismissal of Monell claim where “[t]he complaint contained only conclusory and speculative assertions” that the alleged conduct occurred “pursuant to the practice, custom, policy and particular direction of” the supervisory official

Source: CourtListener parenthetical corpus (CC0).