Case law

Dultz v. Velez

726 F. Supp. 2d 480 · District Court, D. New Jersey · Mar 30, 2010

They applied for benefits after having transferred assets to family members in order to qualify for Medicaid. Id. at 3. … in the Medicaid Act’s nursing home provision, *490 42 U.S.C. § 1396r, is “clearly phrased in terms of the persons benefitted”).

MCGILLVARY v. UNION COUNTY NEW JERSEY

District Court, D. New Jersey · Apr 30, 2020

Prosecutorial activities protected by absolute, as opposed to qualified, immunity include soliciting false testimony from witnesses in grand jury proceedings and probable cause hearings. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Guidotti v. Legal Helpers Debt Resolution, L.L.C.

866 F. Supp. 2d 315 · District Court, D. New Jersey · Dec 20, 2011

Plaintiffs arguments regarding the unconscionability of the arbitration clause do not clearly establish whether Plaintiffs argument is that the ARA as a whole is unconscionable or whether Plaintiff argues, in addition, that … (“The district court did not clearly err in finding that there was no agreement to arbitrate.”).

Landano v. Rafferty

670 F. Supp. 570 · District Court, D. New Jersey · Sep 29, 1987

The subjective judgment implicated in a credibility determination is practically immune from the traditional “error” analysis. … Petitioner argues that the mere fact of the investigation is sufficient to establish bias and therefore qualifies as exculpatory evidence. Relying on the court’s reasoning in State v.

JOHNSON v. WARDEN OF CAMDEN COUNTY CORRECTIONAL FACILITY

District Court, D. New Jersey · Apr 27, 2021

Based on his affidavit of poverty and the absence of three qualifying dismissals under 28 U.S.C. § 1915(g), the Court will grant Plaintiff's application to proceed in forma pauperis pursuant to 28 … Plaintiff has not alleged any facts to establish personal involvement of the warden of CCCF in a constitutional violation. D.

River Nile Invalid Coach & Ambulance, Inc. v. Velez

601 F. Supp. 2d 609 · District Court, D. New Jersey · Mar 9, 2009

(B) Has oversight procedures to monitor beneficiary access and complaints and ensure that transportation is timely and that transport personnel are licensed, qualified, competent, and courteous. … River Nile argues that this "contract of adhesion” does "not clearly express that the provider would be waiving a protected property right by entering into the contract.” (Plt.’s Summ. J. Mot. at 15.)

DeSanto v. Rowan University

224 F. Supp. 2d 819 · District Court, D. New Jersey · Aug 22, 2002

A treating physician does not need to be qualified as an expert, pursuant to Fed.R.Evid. 702, if he or she is only called as a fact witness, to establish diagnosis or treatment. Heller v. … DeSanto, however, has failed to identify any qualified expert who can establish that Defendants’ conduct proximately caused DeSanto’s medical problems.

FITCH

District Court, D. New Jersey · Jul 7, 2026

Because Plaintiff concedes that Defendants are immune in their official capacities and that he has failed to state a claim for relief as to his grievance and equal protection claims, those claims shall all be dismissed … conduct, even where the transfer was clearly a direct response to protected conduct).

White v. Williams

179 F. Supp. 2d 405 · District Court, D. New Jersey · Jan 9, 2002

This decision was based in part on statistics which established the existence of institutional racism within the State Police. … It explains that “[t]he phenomena of racial profiling and other forms of disparate treatment of minorities that we describe in this Report are not just a matter of perception: the evidence we have compiled clearly shows that

Hodges v. Klein

421 F. Supp. 1224 · District Court, D. New Jersey · Oct 1, 1976

Moreover, while not absolutely immune from personal liability, prison officials do have a qualified immunity from liability as to acts performed within the scope of their official duties. Knell v. … The record discloses no evidence of subjective bad faith, or that any defendant acted with such disregard for the plaintiffs’ clearly established constitutional rights that his actions could be fairly characterized as being

Swider v. Ha-Lo Industries, Inc.

134 F. Supp. 2d 607 · District Court, D. New Jersey · Mar 20, 2001

He need *623 only show that he had the education and experience necessary to qualify for the position he held. … Plaintiff also argues that he was qualified to remain with defendant and that his performance was satisfactory.

Kyriazi v. Western Electric Co.

461 F. Supp. 894 · District Court, D. New Jersey · Oct 30, 1978

The evidence in this case establishes clearly and convincingly, the sagacity of Chief Judge Breitel’s language in Pace College v. *926 N. Y. … Miss Kyriazi then asked if it was true that a Member needed to be appraised outstanding for 2~/2 years before qualifying for Senior.

GRAHAM v. NJ DEPT. OF CORRECTIONS

District Court, D. New Jersey · Feb 8, 2022

Though Brantley does not enjoy the same immunity, the allegations against him fare no better. … “Inmates clearly retain protections afforded by the First Amendment, including its directive that no law shall prohibit the free exercise of religion.” O'Lone v.

WAITERS v. REPUBLIC BANK

District Court, D. New Jersey · May 2, 2024

patrons of that establishment; or (5) any establishment that contains a covered establishment, and which holds itself out as serving patrons of that covered establishment. … Banks are not enumerated establishments qualifying as public accommodations under the plain text of Title II. See Jarvis v. Wells Fargo Bank, N.A., 2022 WL 1663568, at *3 (D. Md.

Bowen Engineering v. Estate of Reeve

799 F. Supp. 467 · District Court, D. New Jersey · Sep 17, 1992

Reeve’s control of overall operations at Bowen and his active participation in the North Branch site qualifies him as an “operator” for purposes of CERCLA. … In order for the concealment to be deliberate, the seller clearly must have knowledge of the defect. There is no evidence suggesting that.

Flax v. United States

847 F. Supp. 1183 · District Court, D. New Jersey · Jan 12, 1994

One exception to this waiver of immunity is commonly referred to as the “discretionary function exception.” … Clearly, no policy guideline or regulation could dictate the exact course of pursuit the agents were to take, and this situation demanded that the agents exercise their discretion throughout the entire surveillance.

THIEME v. CARVAJAL

District Court, D. New Jersey · Nov 30, 2023

established.” 68 F.4th at 839. … The Court finds that the Mask Memorandum clearly outlines a course of conduct that could not be disobeyed by prison staff.

COSTELA v. HUDSON COUNTY CORRECTIONAL & REHABILITATION CENTER

District Court, D. New Jersey · Feb 20, 2025

This Court has reviewed Plaintiff’s in forma pauperis application and concludes that he qualifies to proceed without prepayment of the filing fee. … Plaintiff has not alleged facts that would support a reasonable inference that Director Scott established a policy or custom that violated his constitutional rights.

ALSTON

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

They argue that the Agreement “does not apply to [the security aspect] of their relationship” and that “a trust and confidence relationship was clearly implied between the parties.” … Div. 1987) for the proposition that “[w]hile generally a depository bank handling a forged check may claim immunity against the payee under N.J.S.A. 12A:3–419(3), that immunity may be lost where the depository bank acted

JACKSON v. SEIFRIED

District Court, D. New Jersey · Jul 19, 2023

“To state a claim under Title II of the ADA, [a plaintiff] must establish that: ‘(1) he is a qualified individual; (2) with a disability; (3) who was excluded from participation in or denied the benefits of the services … Here, Defendant does not contest that Plaintiff is a “qualified individual with a disability.”