Case law

Figueroa v. Blackburn

39 F. Supp. 2d 479 · District Court, D. New Jersey · Mar 10, 1999

Judicial Immunity It is a well-established principle of Angelo-American jurisprudence that judges are generally afforded absolute immunity from civil suits for money damages. See Mireles v. … Ray, 386 U.S. 547, 555 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967) (stating that police officers are granted qualified immunity); Tucker, 410 F.Supp. at 512 (applying qualified immunity standard to a mayor and an attorney general

Klitzman, Klitzman & Gallagher v. Krut

591 F. Supp. 258 · District Court, D. New Jersey · Jun 25, 1984

investigative functions, for which only a qualified immunity is appropriate. … established rights will have been violated.

Reilly v. City of Atlantic City

427 F. Supp. 2d 507 · District Court, D. New Jersey · Apr 5, 2006

“The doctrine of qualified immunity shields government officials from civil liability ‘as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … As stated above, Flipping and Snellbaker are entitled to qualified immunity if the constitutional right which was violated was a clearly established right that a reasonable officer would know of.

Davila v. City of Camden

66 F. Supp. 3d 529 · District Court, D. New Jersey · Dec 11, 2014

"Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … The qualified immunity analysis is a two-step process, where a court must first decide whether the facts, taken in the light most favorable to plaintiff, establish ■ that defendants’ conduct "violated a constitutional right

Barletta v. Golden Nugget Hotel Casino

601 F. Supp. 1495 · District Court, D. New Jersey · Feb 6, 1985

Simply put, the Amendment did not establish the sovereign immunity of states; it made clear that the doctrine had survived the Constitution and its “new Federal Government.” … Thus, Sheeran may benefit from a personal, qualified immunity, not at issue on the present motion. The detective need not share in the immunity accorded the sovereign State of New Jersey.

Mody v. City of Hoboken

758 F. Supp. 1027 · District Court, D. New Jersey · Mar 6, 1991

“Good Faith” Qualified Immunity The Third Circuit in Losch stated that “[qualified immunity protects a defendant who failed to observe a right or legal standard that was not clearly established when the defendant acted.” … Defendants assert such qualified immunity against plaintiff’s claims in this case.

Coles v. Carlini

162 F. Supp. 3d 380 · District Court, D. New Jersey · Sep 30, 2015

Qualified Immunity The doctrine of qualified immunity protects government officials liability for civil damages as long as their conduct “does not violate clearly established statutory or constitutional rights of which a … The qualified immunity claim is traditionally analyzed in two steps.

Akins v. Deptford Township

813 F. Supp. 1098 · District Court, D. New Jersey · Feb 10, 1993

Defendant has asserted that plaintiffs’ claims against the individual Board members are barred by either absolute or qualified immunity doctrines. Defendant’s Brief at 12-15. … Plaintiffs claim that a due process deprivation was caused by “the unauthorized failure of agents of the State to follow established state procedure,” Parratt v.

GARCIA v. KNAPP

District Court, D. New Jersey · May 29, 2020

“According to the doctrine of qualified immunity, law enforcement officers acting within their professional capacity are generally immune from trial ‘insofar as their conduct does not violate clearly established statutory … “A law enforcement defendant is entitled to qualified immunity when ‘the conduct alleged by the plaintiff violated a clearly established principle of constitutional or statutory law,’ and the violation of said right ‘would

Remillard Ex Rel. Estate of Remillard v. City of Egg Harbor City

424 F. Supp. 2d 766 · District Court, D. New Jersey · Mar 27, 2006

established Fourth Amendment right. 6 As these same factual questions bear upon the issue of qualified immunity, the Court likewise cannot now decide that question of law because its determination hinges upon resolving highly … The qualified immunity inquiry requires the Court to evaluate whether the officers’ conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Pancza v. Remco Baby, Inc.

761 F. Supp. 1164 · District Court, D. New Jersey · Apr 18, 1991

In New Jersey, and New York, an employer has qualified immunity for defamatory statements made in the course of recommendations. Rogozinski v. … To overcome a qualified privilege, a plaintiff must establish that the defendant acted with actual malice, i.e., with ill will or culpable recklessness. Shapiro , 194 N.Y. S.2d at 513, 163 N.E.2d at 336 .

Jodeco, Inc. v. Hann

674 F. Supp. 488 · District Court, D. New Jersey · Dec 4, 1987

In the alternative, defendants argue that they are entitled to qualified good-faith immunity because their conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would … and the officials performing them may only receive the protection of qualified immunity.

ROBERTS v. COUNTY OF ESSEX

District Court, D. New Jersey · Dec 30, 2022

“To overcome qualified immunity, a plaintiff must plead facts sufficient to show that: (1) the official violated a statutory or constitutional right; and (2) the right at issue was ‘clearly established’ at the time of … Under current law, Roberts might possess such a claim, but Laurino and Bolan are entitled to qualified immunity because that right was not clearly established as of 2005.

Gattuso v. New Jersey Department of Human Services

881 F. Supp. 2d 639 · District Court, D. New Jersey · Jul 25, 2012

As it is Plaintiffs’ burden *647 to establish the Court’s subject matter jurisdiction, and Plaintiffs have not pointed the Court to any valid abrogation clause for these claims (to the extent that either such statutory claim … Plaintiffs have not alleged that they themselves are independently qualified to receive services from Defendants.

ABDUR-RAHEEM

District Court, D. New Jersey · Sep 2, 2026

QUALIFIED IMMUNITY Defendants next argue that they are entitled to qualified immunity because they did not violate a clearly established right. (Motion at 7–12.) … Defendants rely on the clearly established prong as the basis for their assertion of qualified immunity.

Thomas v. Adams

55 F. Supp. 3d 552 · District Court, D. New Jersey · Oct 20, 2014

Qualifíed Immunity The test governing the defense of qualified immunity is long-established: “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional … right that was clearly established at the time of the challenged conduct.”

J & a REALTY v. City of Asbury Park

763 F. Supp. 85 · District Court, D. New Jersey · Apr 18, 1991

To fund its new sewer plant, the city passed a sewer ordinance which established a system for assessing property owners for sewer charges. … While Owen does not alter the qualified immunity available to governmental employees sued in their individual capacities, 445 U.S. at 638 n. 18, 100 S.Ct. at 1409 n. 18, J & A sues the individual defendants only in their

Antonelli v. New Jersey

310 F. Supp. 2d 700 · District Court, D. New Jersey · Mar 31, 2004

See id. at 683 . *714 It is also well-established that Congress’s passage of 42 U.S.C. § 1983 did not abrogate the states’ Eleventh Amendment immunity. Will v. … Plaintiffs did not pass the exam and clearly did not have a protected interest in being placed on the eligibility lists.

Gregory v. Administrative Office of the Courts of New Jersey

168 F. Supp. 2d 319 · District Court, D. New Jersey · Oct 18, 2001

For a congressional abrogation of the States’ Eleventh Amendment immunity to be constitutional, two predicates must be met. First, Congress must unequivocally intend to abrogate the immunity. … To plead a cause of action under Ex parte Young, a plaintiff must establish a present violation of federal law. B.H. Papasan v.

Ingenito v. Department of Corrections

568 F. Supp. 946 · District Court, D. New Jersey · Jul 19, 1983

In their brief, they only discuss the affirmative defense of “qualified” immunity. Defendants’ Brief at 20-22. … The court assumes the individual defendants are not relying upon any other kind of immunity defense. 6 Before reaching the question of the individual’s qualified immunity, the court must address the issue of the State of