Case law

THOMAS v. WEISS

District Court, D. New Jersey · Jun 4, 2024

Next, Defendants assert they are entitled to qualified immunity, and so, they are immune from any liability to Thomas. [Id. at 8.] … App’x 229, 232 (3d Cir. 2009) (ruling police officers’ “abandonment” of training “protocol cannot form the basis for a remedy under § 1983 or deprive them of qualified immunity”); see also Green v.

Bragen v. Hudson County News Co.

168 F. Supp. 231 · District Court, D. New Jersey · Dec 19, 1958

Clearly, Hudson’s refusal to sell is not grounded in any attempt to monopolize since it is undisputed that service would be resumed upon the settlement of the claim for money owing. … Nowhere in the pleadings or depositions before me are there any facts set forth which would establish the second of these two conditions necessary to bring Hudson’s activities within Section 1 of the Sherman Act.

Organon, Inc. v. Teva Pharmaceuticals, Inc.

244 F. Supp. 2d 370 · District Court, D. New Jersey · Dec 18, 2002

“It must be established that the defendant possessed specific intent to encourage another’s infringement and not merely that the defendant had knowledge of the acts alleged to constitute inducement. … This is clearly distinguishable from the present case, as there is a significant market for non-infringing uses of mirtazapine. As for intent, the Omeprazole court relied on Mendenhall v.

Garden State Islamic Ctr. v. City of Vineland

358 F. Supp. 3d 377 · District Court, D. New Jersey · Dec 12, 2018

S7, 774-01, 2000 WL 1079346 , at *S7777 ("It is important to note that RLUIPA does not provide a religious assembly with immunity from zoning regulation.") … Plaintiff bears the burden of establishing that a matter is ripe for adjudication by showing a specific present objective harm or the threat of specific future harm. Laird v.

Castrol Inc. v. Pennzoil Co.

799 F. Supp. 424 · District Court, D. New Jersey · Jul 24, 1992

Moreover, the industry has established a series of sequence engine tests to qualify motor oils which include tests for wear protection. … He designed several of the industry “sequence tests” to qualify motor oils, including the Sequence III High Temperature Oil Oxidation Test. Mr.

Leslie v. United States

986 F. Supp. 900 · District Court, D. New Jersey · Dec 3, 1997

The FTCA waives the sovereign immunity of the federal government with respect to tort claims seeking money damages. See 28 U.S.C. § 1346 (b). … The governing federal regulations clearly commit the implementation of security procedures, if any, to the Chief Postal Inspector and the individual postmasters.

Bimbo v. Burdette Tomlin Memorial Hospital

644 F. Supp. 1033 · District Court, D. New Jersey · Oct 2, 1986

Sorenson, in the presence of the entire BTMH Medical Staff, as “inferiority qualified” — between Dr. Nanavati and Dr. Robert J. … In order to prevail on an action pursuant to this section, the plaintiff must establish three elements.

TAYLOR v. JACKSON

District Court, D. New Jersey · Oct 29, 2019

pauperis, a court must review the complaint and dismiss the action if it (i) is frivolous or malicious, (ii) fails to state a claim upon which relief may be granted, or (iii) seeks monetary relief against a defendant who is immune … Americans with Disabilities Act To establish a prima face case of discrimination under the ADA, a plaintiff must establish that “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified

TODD

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

Accordingly, for the purposes of Eleventh Amendment immunity, “county or municipal law enforcement officials may be State officials when they prosecute crimes or otherwise carry out policies established by the State, but … A prosecutor is immune if “the conduct triggering absolute immunity clearly appears on the face of the complaint.” Id. (citation omitted).

CORRADI v. NEW JERSEY STATE PAROLE BOARD

District Court, D. New Jersey · Jan 21, 2022

Procedural History On October 28, 2020, the Court granted summary judgment to Defendants on the basis of qualified immunity as to Plaintiff’s Fourth Amendment search, false arrest … Div. 1999), to establish that defendants violated his due process rights. However, Dougherty is clearly distinguishable.

Hirschbach v. NVE BANK

496 F. Supp. 2d 451 · District Court, D. New Jersey · Jul 24, 2007

The evidence clearly supports a conservative estimate that between one-third and two-thirds of the members of the putative class of plaintiffs are domiciled in New Jersey. … Further militating in favor of remand, Plaintiffs filed this action in New Jersey, which clearly has a distinct nexus with the class members, the alleged harm and the defendants.

HUTCHINSON v. BERGEN COUNTY N.J. SHERIFFS OFFICE

District Court, D. New Jersey · May 24, 2022

The entities first: Neither the Bergen County Board of Commissioners nor the Bergen County Sheriff’s Office qualifies as a “person” subject to suit under § 1983. Brandon v. … Assuming this to be true, as I must, a negligent failure to prevent an inmate attack is insufficient to establish an Eighth Amendment violation. Davidson v.

Wichert v. Walter

606 F. Supp. 1516 · District Court, D. New Jersey · Apr 22, 1985

It is difficult to envision any right more fundamental to the establishment and continuation of a free society. … Other courts have found bad faith where prosecutors have instituted charges in violation of a prior immunity agreement, Rowe v.

Fell v. Rafferty

736 F. Supp. 623 · District Court, D. New Jersey · May 4, 1990

Thus, the only prejudice asserted is not clearly attributable to petitioner’s delay. B. … The petitioner can overcome this presumption of correctness if he establishes that the procedures by which the state court arrived at its findings are tainted in one of seven ways 7 or the findings are clearly erroneous.

ROWLEY v. SULLIVAN

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

Although the question   1 Defendants also argue that Plaintiff’s claims are barred under the doctrine of qualified immunity. … Because this Court finds that summary judgment is warranted on the merits, the Court need not reach the issue of qualified immunity.

DIAZ v. CITY OF PASSAIC

District Court, D. New Jersey · Nov 19, 2019

The SAC also does not indicate on or about when the “numerous occasions” occurred. 4 Plaintiff's First Amendment claim is not clearly pled in the SAC. … While the SAC clearly sets forth the position, it fails to indicate the duties and responsibilities of the office.

ADEGOKE

District Court, D. New Jersey · Mar 18, 2026

at artistic exhibitions or showcases; (viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments … “[A] reviewing officer may determine that a petitioner has satisfied three of the 204.5(h)(3) criteria, yet may nonetheless determine that the petitioner failed the final merits determination and thus does not qualify.

DAMUS

District Court, D. New Jersey · Jul 13, 2026

By Opinion and Order dated April 29, 2026, the Court denied the Troopers’ motion to dismiss the civil rights claims based on qualified immunity and granted Ameream’s motion to dismiss both the § 1983 and negligence … That duty to prevent harm is clearly not limited to harm from physical hazards on the premises given that “the scope of a landowner’s duty to protect its invitees from criminal acts of third parties may include providing

MALAT v. BOROUGH OF MAGNOLIA

District Court, D. New Jersey · May 20, 2020

doctrine, and the qualified immunity doctrine. … It is well established that the Due Process Clause contains both a procedural and substantive component. American Exp. Travel Related Services, Inc. v.

LOATMAN v. EQUIFAX INFORMATION SOLUTIONS, INC.

District Court, D. New Jersey · Apr 11, 2023

P. 12(b)(6) and/or dismiss any defendant who is immune from suit. See 28 U.S.C. §§ 1915(e)(2)(B)(ii)- (iii). … IFP Application Plaintiff qualifies for permission to proceed IFP.