Case law

Bowers v. National Collegiate Athletic Ass'n

171 F. Supp. 2d 389 · District Court, D. New Jersey · Nov 7, 2001

Having established the proper standard, I now turn to whether Title II does, in fact, validly abrogate Tennessee’s sovereign immunity. … The United States has clearly made the grant of any federal funds contingent on waiver of a recipient state’s sovereign immunity from suit under Section 504 of the Rehab. Act.

P.N. v. Greco

282 F. Supp. 2d 221 · District Court, D. New Jersey · Sep 23, 2003

Qualified immunity grants government officials performing discretionary functions immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The advice of counsel can indeed be a factor in the qualified immunity analysis. See Castle v. Clymer, 15 F.Supp.2d 640, 667 (E.D.Pa.1998).

Hess v. Port Authority Trans-Hudson Corp.(PATH)

809 F. Supp. 1172 · District Court, D. New Jersey · Dec 21, 1992

Stated differently, the Supreme Court “has drawn upon principles of sovereign immunity to construe the [Eleventh] Amendment to “establish that ‘an unconsenting State is immune from suits brought in federal courts 4 by her … This asymmetry, in fact, is based on the established precedent that a state may waive its sovereign immunity and consent to suit in state court while, nevertheless, maintaining its Eleventh Amendment Immunity. 14 Feeney,

Community Action Programs Executive Directors Ass'n v. Ash

365 F. Supp. 1355 · District Court, D. New Jersey · Aug 28, 1973

One class consists of all individuals eligible, qualified and designated as participants in NYC programs for the summer of 1973. … The other class comprises all Community Action Agencies established and qualified under the EOA, which sponsor summer NYC programs.

Aksanov v. Harrah's Casino Hotel Atlantic City

109 F. Supp. 3d 709 · District Court, D. New Jersey · May 29, 2015

Carman, the Supreme Court stated, [a] government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the … Accordingly, the Court holds that the Officers are entitled to qualified immunity.

BOYD v. PLAINFIELD POLICE DEPARTMENT

District Court, D. New Jersey · Jun 6, 2019

Qualified Immunity “‘The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … This search has been guided by the Supreme Court’s decisions explaining what constitutes “clearly established” law for purposes of the qualified immunity standard.

Ward v. Barnes

545 F. Supp. 2d 400 · District Court, D. New Jersey · Feb 29, 2008

Barnes has not even indicated which category of immunity he seeks to invoke. Clearly subsections b, c and d do not apply to Plaintiffs’ allegations. … But Counts Sixteen and *420 Eighteen, the negligence claims against these defendants, are not subject to qualified immunity.

Waste Management of Pennsylvania, Inc. v. Shinn

938 F. Supp. 1243 · District Court, D. New Jersey · Sep 27, 1996

A Qualified Immunity The Atlantic County Defendants assert that Dovey is immune from suit because his conduct in performing his duties as president of the ACUA was objectively reasonable in light of the clearly established … Further, “qualified immunity shields [officials] ... from suit for damages if ‘a reasonable [official] would have believed [his] actions to be lawful, in light of the clearly established law and the information the ...

Deal v. Velez

244 F. Supp. 3d 435 · District Court, D. New Jersey · Mar 20, 2017

Defendants argue that they are entitled to sovereign and/or qualified immunity under the Eleventh Amendment. … Eleventh Amendment Sovereign Immunity The Eleventh Amendment incorporates a general principle of sovereign immunity that bars citizens from bringing suits for damages against any State in federal court.

Nazzaro v. United States

304 F. Supp. 2d 605 · District Court, D. New Jersey · Jan 28, 2004

first time, this Court must examine CAP’s origin, structure, goals, aims and funding to determine if it qualifies as a charitable organization entitled to immunity under the NJCIA. 1. … Therefore, the Civil Air Patrol qualifies for charitable immunity under the New Jersey Charitable Immunity Act and the Court will grant its motion for summary judgment as to Counts II and III. B.

Bowers v. NATIONAL COLLEGIATE ATHLETIC ASS'N, ACT

171 F. Supp. 2d 389 · District Court, D. New Jersey · Nov 7, 2001

Having established the proper standard, I now turn to whether Title II does, in fact, validly abrogate Tennessee's sovereign immunity. … The United States has clearly made the grant of any federal funds contingent on waiver of a recipient state's sovereign immunity from suit under Section 504 of the Rehab. Act.

Endl v. New Jersey

5 F. Supp. 3d 689 · District Court, D. New Jersey · Mar 13, 2014

UMDNJ As to Defendant UMDNJ, sovereign immunity from suit under Section 1983 is less certain. Whether UMDNJ qualifies as a state entity for purposes of Section 1983 is an unsettled question. … As established above, sovereign immunity and the Eleventh Amendment require dismissal of Counts 1-6 on jurisdictional grounds as to the State actors.

United States v. Menendez

132 F. Supp. 3d 610 · District Court, D. New Jersey · Sep 28, 2015

Some allegations are clearly non-legislative. … A party asserting legislative immunity bears the burden of establishing the immunity by a preponderance of the evidence. Lee, 775 F.2d at 524 .

Jackson v. Gandy

877 F. Supp. 2d 159 · District Court, D. New Jersey · Jun 29, 2012

Defendants further argue that Plaintiffs amended complaint should be dismissed because Defendants are entitled to qualified immunity. … The Court must also determine “whether the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.” Id. (quoting Saucier, 533 U.S. at 201, 121 S.Ct. 2151 ).

New Jersey Chiropractic Ass'n v. State Board of Medical Examiners of New Jersey

79 F. Supp. 327 · District Court, D. New Jersey · Aug 10, 1948

In the first count of the complaint in C-10901, the plaintiff Society of Naturopaths alleges that it is a society established to advance the interest of naturopaths by establishing schools, conducting clinics, hospitals and … language of the Supreme Court in the case of Ex parte Poresky, supra, at page 32, of 290 U.S., at page 4 of 54 S.Ct. wherein it was declared that the question in that case was unsubstantial because: “ ‘its unsoundness so clearly

Camero v. Kostos

253 F. Supp. 331 · District Court, D. New Jersey · Apr 25, 1966

established plaintiff’s guilt of bribery. … Turning to the second issue, and the one which is deemed to be dispositive, i. e. immunity from personal suit, the law seems to have been clearly established in Barr v.

Porcelli v. Titus

302 F. Supp. 726 · District Court, D. New Jersey · Aug 14, 1969

However, the appointments actually made,, considered in light of the record clearly rebuts any motivation or intention on the part of the Board to discriminate against qualified white persons in making promotions. … There is no reason to believe that when such criteria are established, appointments will not be made in a manner that will provide the Newark school system with persons best qualified to perform their respective tasks.

Onyiuke v. NEW JERSEY STATE SUPREME COURT

435 F. Supp. 2d 394 · District Court, D. New Jersey · Jun 27, 2006

To state a claim under § 1983, Plaintiffs must establish (1) that they were deprived of rights, privileges, or immunities secured by the Constitution or laws of the United States and (2) that the alleged deprivation was committed … the practice of law is not a matter of grace, ... but of right for one who is qualified by his learning and his moral character.’

S. J. Groves & Sons Co. v. New Jersey Turnpike Authority

268 F. Supp. 568 · District Court, D. New Jersey · May 18, 1967

Immunity can properly be treated as a unitary question, without differentiating between an agency that has been established as a distinct entity from the State, but nevertheless clothed with governmental immunity ; and an … agency which is immune because it has been established as an alter ego of the State.

Stratford Nursing & Convalescent Center, Inc. v. Kilstein

802 F. Supp. 1158 · District Court, D. New Jersey · Nov 15, 1991

Moreover, his decision, based as it was on DMAHS's standing interpretation of the pass-through provision, was objectively reasonable and was not contrary to clearly established law. see Butz v. … Under the doctrine of qualified immunity “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate any clearly established statutory