Case law

XI-HERU v. GLUCK

District Court, D. New Jersey · May 13, 2025

Thus, the first exception to judicial immunity is inapplicable. … established constitutional protections.”

ROSARIO v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE

District Court, D. New Jersey · Jun 5, 2024

Prosecutorial Immunity Prosecutors are absolutely immune from suit for all actions and decisions undertaken in furtherance of their prosecutorial duties. Imbler v. … Heisel, 361 F.2d 581, 591 (3d Cir. 1966) (immunity is denied for acts which “a reasonable prosecutor would recognize as being ‘clearly outside his jurisdiction’ to represent the state before the court.”)).

United States v. Rohm & Haas Co.

721 F. Supp. 666 · District Court, D. New Jersey · Sep 29, 1989

Even accepting Jonas’s qualified and somewhat elliptical testimony that he hauled DuPont materials during the relevant period he used Lipari, it cannot be established, on this record, that anything more than a de minimis … for a de minimis is clearly erroneous....

Rancocas Valley Regional High School Board of Education v. M.R.

380 F. Supp. 2d 490 · District Court, D. New Jersey · Aug 9, 2005

Seeking to avoid paying for what it qualifies as a “residential treatment center” and not a school, Rancocas Valley filed a two count, complaint in this Court on March 8, 2004. … Fifth, the state alleges that the DDD has not waived its sovereign immunity since it does not participate in the IDEA.

LEPENDORF

District Court, D. New Jersey · Jan 30, 2026

Paul, instead referring generally to the “individual Defendants,” it is clearly not directed at him. (AC at 57.) … That clearly does not refer to Mr. Paul, who is not a member of the New Jersey judiciary.

Grecco v. O'Lone

661 F. Supp. 408 · District Court, D. New Jersey · May 27, 1987

In the present case, the sentence imposed was clearly within the range of the trial court’s discretion. … N.J.S.A. 2C:44-l(d) establishes a presumption of imprisonment for those convicted of first and second degree crimes. Judge Huber clearly considered each of these factors before imposing sentence.

Value Group, Inc. v. Mendham Lake Estates, L.P.

800 F. Supp. 1228 · District Court, D. New Jersey · Sep 4, 1992

Copying of Value Group’s Copyrighted Works Because copying can often be difficult to establish directly, it can also be established with circumstantial evidence by showing that the defendant had access to the work and the … , not only access to, but use of, a copyrighted material is established.

KAETZ v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Jul 10, 2023

waives the United States' immunity to suit.” … However, the Court finds that an opportunity to amend would be clearly futile here.

BASS v. HOWARD

District Court, D. New Jersey · Mar 23, 2020

LEGAL ANALYSIS “In order to establish a basis for subject matter jurisdiction in federal court, a plaintiff's claims must establish either federal question jurisdiction under 28 U.S.C. … To allege a Title VII prima facie claim, a plaintiff must show that (1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action despite being qualified

In re Fleetboston Financial Corp. Securities Litigation

253 F.R.D. 315 · District Court, D. New Jersey · Oct 20, 2008

Clearly, the proposed class consists of a sufficient number of persons to make joinder impracticable. Id. at 18 (citations omitted). … The Court will consider such persons if otherwise qualified. .

BRIGHT

District Court, D. New Jersey · Nov 24, 2025

capacity claims against the Prosecutor and Discovery Clerk with prejudice under the doctrine of prosecutorial immunity. … Such a policy or custom need not be formally enacted or in writing to qualify under Monell; a “pertinent decision” by a person with authority on a subject can qualify as an official policy. Porter v.

EL v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jun 29, 2023

The State is immune from suit as it falls squarely within the Eleventh Amendment’s immunity protection. … Consequently, in light of the clearly established law, Plaintiff can neither establish likelihood of success on the merits nor irreparable harm to warrant imposition of the injunctive relief he seeks.

Lithuanian Commerce Corp. v. Sara Lee Hosiery

177 F.R.D. 245 · District Court, D. New Jersey · Dec 4, 1997

Cummiskey establishes his qualifications through a Curriculum Vitae. LCC has not provided a list of Mr. … Rackiene to more clearly set forth the methodology for the wear tests does cause some concern.

GROSSBERGER

District Court, D. New Jersey · Nov 25, 2025

“Judgment will not be granted unless the movant ‘clearly establishes there are no material issues of fact, and [the movant] is entitled to judgment as a matter of law.’” Bedoya v. Am. … Like judicial immunity, quasi-judicial immunity is “absolute.” Keystone Redevelopment Partners, LLC, 631 F.3d at 95.

MELEIKA v. BAYONNE POLICE DEPARTMENT

District Court, D. New Jersey · Feb 22, 2022

Mayview State Hosp., 293 F.3d 103, 114 n. 19 (3d Cir. 2002) (non-prisoner indigent plaintiffs are “clearly within the scope of § 1915(e)(2)”). See also Lopez v. … Still less does it contain any plausible allegations that would overcome qualified immunity.

DAY v. NEW JERSEY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jan 19, 2022

It is well established that NJDOC is entitled to Eleventh Amendment immunity as an arm of the State of New Jersey. Fox v. Bayside State Prison, 726 F. … Rose, 496 U.S. 356, 365 (1990) (explaining that Will established that “an entity with Eleventh Amendment immunity is not a ‘person’ within the meaning of § 1983.”).

LIU v. LU

District Court, D. New Jersey · Feb 28, 2025

immunity. … Feb. 1, 2024) (“The Court stops its analysis here because a qualified immunity defense, for example, requires a Court to assess ‘whether the facts alleged [Jin the context of a motion to dismiss... make out a violation

Cunningham v. New Jersey

452 F. Supp. 2d 591 · District Court, D. New Jersey · Sep 25, 2006

(Comply 13) Plaintiff was assigned to work at Bayside State Prison. 2 The program established by SJAA is called the “PALM Project.” 3 Plaintiff was a member of the project staff. … In this case, the undisputed evidence does not establish that Plaintiff was engaging in a protected First Amendment activity, i.e. speech or expression. See Springer, 435 F.3d at 275 .

BURKE v. POWELL

District Court, D. New Jersey · May 18, 2023

They advance a number of different arguments, including that Plaintiff has failed to meet the elements of each of his claims and that the BSP Defendants are entitled to sovereign and/or qualified immunity. … immunity.

Interfaith Community Organization v. Honeywell International, Inc.

263 F. Supp. 2d 796 · District Court, D. New Jersey · May 21, 2003

Hugh McGuire was qualified as a real estate appraisal expert. Mr. … All five elements are established in this case.