Case law

832 CORP. INC. v. Gloucester Tp.

404 F. Supp. 2d 614 · District Court, D. New Jersey · Dec 12, 2005

Ephraim, 452 U.S. 61 , 101 S.Ct. 2176 , 68 L.Ed.2d 671 (1981), clearly indicates that the First Amendment would bar such an ordinance. … As an initial matter, “disorderly conduct” is clearly defined by New Jersey *632 law. 17 See N.J.S.A. § 2C:33-2.

Cunningham v. Lenape Regional High District Board of Education

492 F. Supp. 2d 439 · District Court, D. New Jersey · Jun 25, 2007

Even after violations of these new policies, Defendants still allowed Plaintiff access to the school and school administrators if he abided by the established guidelines. (Id. at 69.) … person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges or immunities

State of New Jersey Department of Environmental Protection v. Gloucester Environmental Management Services, Inc.

138 F.R.D. 421 · District Court, D. New Jersey · Apr 14, 1991

Members qualifying for indigent status will be excused from payment. … These three companies would have qualified for a reduction to 1.5 shares.

Pollock v. City of Ocean City

968 F. Supp. 187 · District Court, D. New Jersey · Jun 13, 1997

. § 1983 , which provides a civil remedy against those who, under color of state law, deprive others of rights, privileges, or immunities secured by the Constitution and laws of the United States. See West v. … To have a property interest in a benefit that is protected by procedural due process, “a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

GARRETT v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Dec 28, 2020

if it finds that the action: (1) is frivolous or malicious; (2) fails to state a claim upon which relief may be granted; or (3) seeks monetary relief against a defendant who is immune … June 8, 2020) (one internal citation omitted). 2 Plaintiff has had at least three qualifying dismissals: Garrett v. Murphy, No. 20-5235 (D.N.J.

FITCH

District Court, D. New Jersey · Dec 29, 2025

A plaintiff may establish supervisory liability under § 1983 by showing: (1) liability based on an establishment of policies, practices, or customs that directly caused the constitutional violation; or (2) personal liability … Dep’t of Corr., 806 F.3d 210, 223 (3d Cir. 2015) (“to establish a claim against a policymaker under § 1983 a plaintiff must allege and prove that the official established or enforced policies and practices directly causing

Toussaint v. Mays-Stovall

District Court, D. New Jersey · Apr 26, 2022

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … If Plaintiff files an amended pleading, he must clearly explain the alleged wrongful conduct and the legal basis for any claims.

UNITED AERIAL ADVERTISING INC. v. TOWNSHIP OF LAKEWOOD

District Court, D. New Jersey · Jun 11, 2020

. § 2201 to establish Defendants’ violations of Plaintiff’s rights, privileges and immunities and injunctive relief to cease the alleged breach of the Settlement Agreement by Defendants. … Indeed, § 1343(a)(3) is one of two methods of establishing jurisdiction over section 1983 claims; the other method is through federal question jurisdiction under 28 U.S.C. § 1331.

WOODWARD v. HARDEN

District Court, D. New Jersey · Jan 25, 2023

Moreover, the New Jersey State Parole Board was established within the New Jersey Department of Corrections, see N.J. Stat. § 30:4-123.47(a); and the NJDOC is a state agency entitled to Eleventh Amendment immunity. … “Inmates clearly retain protections afforded by the First Amendment, ... including its directive that no law shall prohibit the free exercise of religion.” DeHart v.

Brennan v. Poritz (In Re Brennan)

198 B.R. 445 · District Court, D. New Jersey · Feb 8, 1996

Standard of Review On appeal, this court may set aside the bankruptcy court’s factual findings only if the findings are clearly erroneous. … Another situation in which a bankruptcy court’s authority to enjoin a state regulatory action under § 105 is clearly established is where a state seeks to pursue a claim that would effectively contravene a specific bankruptcy

Carmichael v. Pennsauken Township Board of Education

462 F. Supp. 2d 601 · District Court, D. New Jersey · Nov 27, 2006

At oral argument, it was established that a committee made the decision. … Plaintiff does not bear his burden. 15 .Because this Court has held that no constitutional right has been violated, it need not address Defendants’ municipal liability and qualified immunity arguments. See Sanford v.

FILIPPATOS v. United States

District Court, D. New Jersey · Nov 28, 2023

Here, the Government has presented the Court with a facial attack because the Government argues that Filippatos failed to adequately establish subject matter jurisdiction in his pleadings without disputing the facts alleged … The Court finds Filippatos failed to exhaust administrative remedies and need not reach the Government’s sovereign immunity argument.

Nwachia v. United States

891 F. Supp. 189 · District Court, D. New Jersey · Jun 14, 1995

This claim clearly misconstrues the computations undertaken in this case. … Clearly, then, this definition encompasses conspiracies to distribute controlled substances such as heroin. 10 .

MUTARAMBIRWA

District Court, D. New Jersey · Apr 24, 2026

Defendants point to judicial immunity and argue that Judge Dowd’s and Judge Spencer’s actions are immune from suit because they acted in their judicial capacity. (State Mot. at 5-8; Town Mot. at 12-16.) … “Like other forms of official immunity, judicial immunity is immunity from suit, not just from ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991).

JOHNSON v. EAST ORANGE VA MEDICAL CENTER

District Court, D. New Jersey · Apr 4, 2023

To establish a hostile work environment claim, a plaintiff must show[] that: 1) [the plaintiff] is a qualified individual with a disability under the ADA; 2) [the … McKie did not get along, the cited examples of workplace interactions do not clearly denote harassment based on a disability. Dr.

JEFFERSON v. OFFICER GEORGE LIAS

District Court, D. New Jersey · Sep 28, 2022

I granted defendants’ motions for summary judgment after finding that Lias was entitled to qualified immunity; that Jefferson suffered no constitutional injury; and that the Monell claim against the City therefore failed … vacated the grant of summary judgment in favor of Lias, finding that he was not entitled to qualified immunity for a claim of unreasonable use of force. Jefferson v. Lias, 21 F.4th 74 (3d Cir. 2021).

MOLZ v. FEDERAL AVIATION ADMINISTRATION

District Court, D. New Jersey · Feb 27, 2023

The only means to establish a Title VII claim is to contact an EEO counselor. Sending a Tort Claim notice to the U.S. … To rebut the presumption of public access, the party seeking confidentiality must demonstrate “good cause” by establishing that disclosure will cause a “‘clearly defined and serious

Borbely v. Nationwide Mutual Insurance

547 F. Supp. 959 · District Court, D. New Jersey · Sep 18, 1981

These included a variety of sales contests and the establishment of clubs representing different levels of achievement in sales production. … Having established the test for duress and the considerations by which my review must be guided, I turn now to the facts of this particular case.

DEFENSE DISTRIBUTED v. GREWAL

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

defines the type of digital files and the methods of distribution that qualify as prohibited conduct. … Here, the Challenged Statute clearly does not discriminate against out-of-state corporations.

Gulf & Western Manufacturing Company v. United Steel Workers

694 F. Supp. 38 · District Court, D. New Jersey · Feb 9, 1988

Under well-established standards of review, a federal court must refrain from reviewing the merits of an arbitration award. Enterprise Wheel & Car Corp., 363 U.S. at 596 , 80 S.Ct. at 1360 . … Under the plan, an employee qualifies for deferred vesting of rights when employment is terminated and he qualifies for 70/80 benefits 8 when employment is broken by reason of a permanent shutdown of a plant or by reason