Case law

KING

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

Plaintiff, “[a]bandonment, violence, abuse and neglect are the norm lacking any exposure to religion let alone a solid grounding in a particular [illegible word and question mark] access to qualified religious provider … Free Exercise of Religion “Inmates clearly retain protections afforded by the First Amendment, . . . including its directive that no law shall prohibit the free exercise of religion.

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

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.

Tolfree v. Wetzler

22 F.2d 214 · District Court, D. New Jersey · Oct 10, 1927

The upper limit has been established. It lies above the limit of microscopic visibility (10~5cm.). … [Eng.] 541) clearly indicates that the opinions of the judges in no way justify its text.

HARKER v. CORNELIUS

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

“‘[F]ailure to comply with established procedures does not deprive the fugitive of any protected right.’” Rivera v. Algarin, 350 F. … The interest of jurisprudence demands no less than qualified counsel to present this matter. ECF No. 2 at 1.

LOATMAN v. EXPERIAN 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.

ROCK v. United States

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

'* Indeed, under Hightower, Rock clearly qualified as a career offender. The issue is whether counsel had a duty to anticipate a change in the law at the time of Rock’s sentencing or during his direct appeal. … Indeed, Rock’s counsel reasonably did not object to 15 Rock’s career offender designation at sentencing or on appeal because Rock clearly qualified as a career offender under Hightower

New Jersey Protection & Advocacy, Inc. v. New Jersey Department of Education

563 F. Supp. 2d 474 · District Court, D. New Jersey · Jun 30, 2008

An organization or association may have standing when it (1) has standing “in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the [organization or] association itself … Therefore, Plaintiffs have established the third requirement of representational standing.

JENKINSON'S PAVILION v. BOROUGH OF POINT PLEASANT BEACH

District Court, D. New Jersey · Apr 26, 2021

Thus, the Complaint establishes active participation by Councilmembers Byrnes, Testa, and Vitale and Mayor Kanitra in the legislative process and, this conduct falls squarely within the legislative immunity privilege.5 … The Complaint alleges merely that Riordan 1983) (“[M]embers of a municipal council acting in a legislative capacity are immune from damage suits under section 1983” and “are immune from suit under section 1985(3) as well

FIRST RESPONSE v. STATE OF NEW JERSEY

District Court, D. New Jersey · Aug 4, 2022

The State and Kazar have not waived immunity in this Court by failing to raise an immunity that was not available in state court. See S.C. ex rel. C.C. v. Deptford Twp. Bd. of Educ, 248 F. … Next, the court in Kaul found it well established that “New Jersey has a strong interest in regulating the medical profession and censuring physicians who are a danger to public health and safety.” 372 F.

Bank of Sussex County v. Saxon

251 F. Supp. 132 · District Court, D. New Jersey · Feb 16, 1966

that Sussex Bank requested a hearing before the Comptroller prior to the filing of the branch application of Peoples Bank, the Comptroller’s administrative file as well as the affidavits submitted upon the pending motions clearly … However the Court recognizes the existence of abundant authority for the holding that the Comptroller’s determination “is not immunized from review by the exemption in the preface of § 1009, APA, reading, ‘Except so far as

HWANG

District Court, D. New Jersey · Aug 20, 2026

A government policy or custom can be established in two ways: Policy is made when a ‘decisionmaker possessing final authority to establish a municipal policy with respect to the action’ issues an … County of 2 At this stage, this Court declines to address whether Sumano and Autunnale are entitled to qualified immunity. Hunterdon, No. 12-6804, 2013 WL 1163751, at *3 (D.N.J. Mar. 19, 2013)).

PRITCHETT v. GLOBAL TELL LINK CORP

District Court, D. New Jersey · May 6, 2021

Title 28, section 1915 of the United States Code establishes certain financial requirements for prisoners who are attempting to bring a civil action in forma pauperis. … 40A of the New Jersey Statutes; provided, however, the State Treasurer or appropriate person on behalf of the county or private correctional facility shall contract with the qualified

SAUNDERS, JR. v. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

District Court, D. New Jersey · Aug 14, 2023

To state a claim under the Rehabilitation Act, Plaintiff must show that “‘(1) he is a qualified individual; (2) with a disability; (3) he was excluded from participation in or denied the benefits of the services, programs … In addition, section 504 does not waive sovereign immunity for damages claims against federal agencies. Lane v. Pena, 518 U.S. 187, 196-97 (1996).

Teschner v. Commissioner of Social Security

382 F. Supp. 2d 662 · District Court, D. New Jersey · Aug 17, 2005

As the judgment here was rendered by the Superior Court, it clearly satisfies the requirement of Section 5-1048. … To the contrary, the results establish the validity of the order.

Holley v. Colvin

975 F. Supp. 2d 467 · District Court, D. New Jersey · Sep 30, 2013

To qualify for Social *476 Security disability benefits, a claimant must first establish that he is needy and aged, blind, or “disabled.” 42 U.S.C. § 1381 . … Finally, while subjective complaints of pain are considered, alone, they are not enough to establish disability. 42 U.S.C. § 423 (d)(5)(A).

EISAI R&D MANAGEMENT CO., LTD. v. SHILPA MEDICARE LIMITED

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

The statistics also confirm that Governor Murphy’s reduction in restrictions was attributed to the decreasing number of COVID-19 positive cases, and clearly, not this litigation or some other related reasons. … Plaintiff Cannot Establish Standing i.

Finley v. NCR Corp.

964 F. Supp. 882 · District Court, D. New Jersey · Jan 22, 1996

Product Liability Claim Defendant NCR asks this court to grant summary judgment in its favor on two grounds: first, the cause of Olga Finley’s injuries has not been clearly established by medical evidence; and second, NCR … Those factors are: *884 ... if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified by knowledge, skill, experience

KIDD v. LOURDES MEDICAL CENTER AT BURLINGTON

District Court, D. New Jersey · Jul 20, 2021

Additionally, a plaintiff must plead facts that would establish a prima facie case of retaliation. Id. at 798. … The Complaint establishes that Plaintiff is an “African American.” (Compl. ¶20.) As an African American, Plaintiff clearly falls within the class of racial minorities that § 1981 was intended to protect.

Barone v. Gardner Asphalt Corp.

955 F. Supp. 337 · District Court, D. New Jersey · Feb 21, 1997

Barone clearly can establish the first two elements of his prima facie case of age discrimination: that he is a member of a protected class (older than 40) and that Gardner Asphalt discharged him. However, Mr. … Barone as an at-will employee is also clearly expressed in its Personnel Policy Manual.