Case law

Bradshaw v. Township of Middletown

296 F. Supp. 2d 526 · District Court, D. New Jersey · Dec 4, 2003

Second, this right is clearly established. Baldas-sare, 250 F.3d at 201. See also Atkinson v. … dismissal on. qualified immunity grounds.”

Reed v. Scheffler

218 F. Supp. 3d 275 · District Court, D. New Jersey · Oct 28, 2016

Qualified immunity is not a defense to liability; it is an absolute immunity from suit. Id. (citing Saucier v. Katz, 533 U.S. 194 , 200-01, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001)). … in other contexts enjoy only qualified immunity.”

D.V. ex rel. B.V. v. Pennsauken School District

247 F. Supp. 3d 464 · District Court, D. New Jersey · Mar 29, 2017

immunity; (4) the District is entitled to statutory “good faith” immunity; (5) plaintiffs cannot establish a viable hostile educational environment claim because D.V. is not a protected class, the alleged bullying was not … Since the Court does not find there was a violation of plaintiffs' constitutional rights, there is no need to address DeLape’s qualified immunity defense. .

Smith v. Kroesen

9 F. Supp. 3d 439 · District Court, D. New Jersey · Mar 25, 2014

One basis is that he is immune from liability for plaintiffs injuries under N.J.S.A. 2A:62A-6 and 42 U.S.C. § 14501 et seq., both of which afford immunity to volunteer athletic coaches for damages incurred by a player during … under the federal volunteer immunity act.

Kerchner v. Obama

669 F. Supp. 2d 477 · District Court, D. New Jersey · Oct 20, 2009

Defendants Cheney and Pelosi are also entitled, Defendants argue, to legislative immunity, and Defendants Obama, Cheney, and Pelosi are entitled to qualified immunity as to all of Plaintiffs’ claims. II. DISCUSSION A. … have qualified.

ABDUL-AHAD v. ESSEX COUNTY SHERIFF DEPARTMENT

District Court, D. New Jersey · Apr 6, 2022

Qualified immunity shields government officials from civil damages liability “‘unless the official violated a constitutional right,’ and ‘the right was clearly established at the time of the challenged conduct.’” … Therefore, “qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Thomas v.

Green v. City of Paterson

971 F. Supp. 891 · District Court, D. New Jersey · Jun 26, 1997

Qualified immunity exists when “a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” Anderson v. … “Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the plaintiff bears the initial burden of showing the defendant’s conduct violated some clearly established statutory or constitutional

Essential Communication System, Inc. v. American Telephone & Telegraph Co.

446 F. Supp. 1090 · District Court, D. New Jersey · Mar 13, 1978

It further argues that ATT cannot establish the requisite repugnancy between the regimes for implied immunity based on the post Carterfone tariffs because those tariffs were found unlawful and, accordingly, were void ab initio … First, even assuming arguendo that the holding of the First Report is retroactive, we could not at this time properly deny ATT’s claim of immunity solely due to a failure to establish the requisite repugnancy.

Muhammad v. Department of Corrections

645 F. Supp. 2d 299 · District Court, D. New Jersey · Nov 12, 2008

Notwithstanding the fact that his lower bunk restriction was “clearly indicated throughout [his] medical file,” (id. at ¶ 23), the officers refused to transfer Plaintiff. (Id. at ¶22.) … Abrogation of Sovereign Immunity Under Section 5 of the Fourteenth Amendment Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation

COMMUNITY ACTION PROG. EXEC. DIR. ASS'N OF NJ, INC. 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.

Ridgeway v. CITY OF WOOLWICH TWP. POLICE DEPT.

924 F. Supp. 653 · District Court, D. New Jersey · Apr 24, 1996

It has been established that "government officials performing discretionary functions generally are shielded from liability for civil damages [in a section 1983 action] insofar as their conduct does not violate clearly established … summary judgment due to the principle of qualified immunity.

Brooks v. Fitch

534 F. Supp. 129 · District Court, D. New Jersey · Dec 7, 1981

Such immunity, however, is not without limit. It does not apply to actions taken by prosecutors “clearly outside of their jurisdiction.” Bauers v. … Within these limits, it is well established that this immunity extends to actions taken in the initiation of a prosecution and the presentation of the State’s case.

City of Newark v. United States

149 F. Supp. 917 · District Court, D. New Jersey · Apr 5, 1957

Both drivers were thus- clearly negligent. … The negligence of the mail truclc driver, imputable without question to hi* employer, the United States, clearly establishes that judgment on the Government’s counterclaim must be entered for-the City.

Caissie v. City of Cape May

619 F. Supp. 2d 110 · District Court, D. New Jersey · May 27, 2009

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity … County of Bucks, 455 F.3d 418 , 423 n. 2 (3d Cir.2006) (refraining from conducting qualified immunity analysis where no constitutional violation has been established (citing Saucier, supra)).

BRADY

District Court, D. New Jersey · Dec 15, 2025

Smith, 994 F.3d 157, 165 (3d Cir. 2021) This Court will first address the “clearly established law” prong of the qualified immunity analysis. … Moreover, even if their conduct did amount to a constitutional violation, Defendants Bukowski and Mullarney are still entitled to qualified immunity because it was not clearly established at the time that Plaintiff, as

Jama v. United States Immigration & Naturalization Service

334 F. Supp. 2d 662 · District Court, D. New Jersey · Sep 28, 2004

Esmor guard Irving Brown moved for summary judgment and moved for leave to file an amended answer to assert the affirmative defense of qualified immunity. … All individual Defendants will be deemed to have amended their answers to assert the affirmative defense of qualified immunity. i.Decision on all other pending motions in Jama will continue to be reserved.

Vak La v. Hayducka

269 F. Supp. 2d 566 · District Court, D. New Jersey · Jun 24, 2003

Qualified Immunity Government officials are entitled to qualified immunity from civil suits for damages arising out of the performance of their official duties, as long as their actions could reasonably be considered consistent … The key inquiry in analyzing a claim of qualified immunity is whether defendants’ alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known.

Jama v. United States Immigration & Naturalization Service

343 F. Supp. 2d 338 · District Court, D. New Jersey · Nov 10, 2004

Esmor guard Irving Brown moved for summary judgment and moved for leave to file an amended answer to assert the affirmative defense of qualified immunity. … However, the defense of qualified immunity is not available to the Esmor guards, because they are not executive officials. Richardson v.

In re Gabapentin Patent Litigation

214 F.R.D. 178 · District Court, D. New Jersey · Feb 26, 2003

Attorney Work Product The work product doctrine provides qualified immunity from discovery to materials prepared by an attorney (or his agent) in anticipation of litigation or for use at trial. … Warner Lambert has failed to establish the elements as to these documents.

Fidelity & Guaranty Insurance Underwriters, Inc. v. Omega Flex, Inc.

936 F. Supp. 2d 441 · District Court, D. New Jersey · Mar 26, 2013

Additionally, the seller of a product may qualify as a manufacturer to the extent the “product seller designs, formulates, produces, creates, makes, packages, labels or constructs the product before its sale[.]” Id. … A product seller seeking immunity under Section 2A:58C-9(b) bears the burden of demonstrating that it is not subject to liability under any of the exceptions to seller immunity set forth in subsections (c) or (d).