Case law

Mattson v. Aetna Life Insurance

124 F. Supp. 3d 381 · District Court, D. New Jersey · Aug 31, 2015

Second, Defendants assert that the notice letters Rawlings sent Plaintiffs did not violate any clearly established rights at the time the letters were sent. … Finally, Defendants argue that any right they may have violated was surely not “clearly established” at the time.

Ryans v. NEW JERSEY COM'N FOR THE BLIND, ETC.

542 F. Supp. 841 · District Court, D. New Jersey · Jul 6, 1982

Clearly, the practical concerns expressed by the Supreme Court in Pennhurst do not apply to Title I of the Rehabilitation Act. … Sovereign Immunity Defendants next move to dismiss the action as to Norma Krajczar on the ground that she is entitled to immunity from suit under N.J.S.A. 59:3-2(b).

S.C. v. Deptford Township Board of Education

248 F. Supp. 2d 368 · District Court, D. New Jersey · Mar 14, 2003

Although the State may raise sovereign immunity at any time, this does not necessarily mean that such immunity will be established. … The IDEA, which contains an express waiver of immunity, clearly meets the clear-language requirement: A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal

Holman v. Hilton

542 F. Supp. 913 · District Court, D. New Jersey · Jul 9, 1982

If so, how could he recover damages in the face of the well-established doctrine that state officials are entitled to a qualified or “good faith” immunity? See Harlow v. … A state official who acts in a merely negligent fashion lacks, by definition, the state of mind necessary to overcome a qualified immunity defense. Procunier v.

Continental Insurance of New Jersey v. United States

335 F. Supp. 2d 532 · District Court, D. New Jersey · Sep 15, 2004

A motion to dismiss for lack of subject matter jurisdiction predicated on the legal insufficiency of a claim may be granted if the claim “clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction … It is clear that the United States could not be made subject to the mandatory arbitration procedure specified in § 674, because it would conflict with the administrative arrangement established in the Federal Tort Claims

Disability Rights New Jersey, Inc. v. Velez

862 F. Supp. 2d 366 · District Court, D. New Jersey · Mar 23, 2012

Additionally, the ADA provides an explicit waiver of sovereign immunity. … It, however, has already been established that it is the DHS policy at issue, not a State statute, legislative enactment, or executive order.

HEARD

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

According to Heard, qualified immunity does not provide a safe harbor given that the more lenient reasonableness standard is both clearly established and unmet—regardless of whether probable cause is the proper standard … Accordingly, Heard’s Cross Motion is DENIED. 7 For purposes of qualified immunity, which requires courts to consider whether a right was clearly established at the time of the challenged conduct—without more—the

ELLIS

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

The doctrine of qualified immunity “shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Plaintiff has not identified, and this Court is not aware of, a case that clearly establishes such a right.

ACERRA v. THOMAS

District Court, D. New Jersey · Jun 28, 2024

Qualified Immunity “Qualified immunity protects government officials from being held liable for damages when their conduct does not violate a citizen’s clearly established … The court must make the ultimate determination on the availability of qualified immunity as a matter of law.” (internal citations omitted)). That right was clearly established at the time of the incident.

Todd v. South Jersey Hospital System

152 F.R.D. 676 · District Court, D. New Jersey · Dec 21, 1993

Plaintiffs claim that their need for discovery outweighs any qualified privileges which defendants may assert as to the documents. … This immunity does not run to other sources, even if the information they possess is identical. *687 The text of 42 U.S.C. § 1320c-9 does not create a derivative immunity for hospitals and in-house committees which serve

CARMICHAEL

District Court, D. New Jersey · Feb 6, 2026

Qualified Immunity Defendant Zanichelli argues that he is entitled to qualified immunity with regard to the claim of excessive force because, as a matter of law, Plaintiff cannot establish that Defendant Zanichelli … If the Court determines that the plaintiffs constitutional right was violated and that the right was clearly established, then the government official is not entitled to qualified immunity.

WASHINGTON v. THE CITY OF JERSEY CITY

District Court, D. New Jersey · Jun 23, 2025

“The doctrine of qualified immunity shields government officials who perform discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Welsh, 466 U.S. at 749–50.7 The next question under the qualified immunity analysis is whether the constitutional right was clearly established at the time of the violation.

Shieldalloy Metallurgical Corp. v. New Jersey Department of Environmental Protection

743 F. Supp. 2d 429 · District Court, D. New Jersey · Oct 14, 2010

These principles, of course, are related, as a waiver that does not ‘clearly’ extend to a separate lawsuit generally would not preclude a State from asserting immunity in that separate action. … Both cases clearly establish that a prior sovereign immunity waiver does not extend to a subsequent suit simply because that suit is between the same parties and involves the same subject matter as the previous suit.

Polanco v. Omnicell, Inc.

988 F. Supp. 2d 451 · District Court, D. New Jersey · Dec 26, 2013

and thus immune from suit.” … However, OmmceH's December 31, 2012 letter clearly indicates that "Omnicell is taking steps to improve its security program and practices in response to this incident.

JOHNSON v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jun 24, 2025

To overcome a defendant's claim of qualified immunity, the court must determine: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the … explain why Nichols should be granted immunity under the “clearly established law” prong of the qualified immunity doctrine

STEVENSON v. THE COUNTY SHERIFF'S OFFICE OF MONMOUTH

District Court, D. New Jersey · May 3, 2024

An award of qualified immunity protects a government official from civil liability and suit “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … And because a prisoner’s right to avoid gratuitous use of force by corrections officers was clearly established by 2013, the Court also denies qualified immunity on prong two. IV.

Behring International, Inc. v. Imperial Iranian Air Force

475 F. Supp. 396 · District Court, D. New Jersey · Aug 13, 1979

In enacting the Act, Congress clearly considered each of these four categories and expressed its intentions with regard to each of them. … That history shows quite clearly that Congress intended the Immunities Act to govern notwithstanding the savings clause of sections 1604 and 1609 whenever an international agreement was silent upon an issue which the Act

Bono v. United States

145 F. Supp. 2d 441 · District Court, D. New Jersey · Mar 7, 2001

These courts have found that § 2680(b) clearly applies in this context and cloaks the United States with immunity from suit. … This case does not involve the mere loss or miscarriage of mail, which § 2680(b) clearly covers.

Mattern v. City of Sea Isle

131 F. Supp. 3d 305 · District Court, D. New Jersey · Sep 15, 2015

The Supreme Court recently reversed on qualified immunity grounds, holding that there was no clearly established constitutional right to adequate protocols ,to evaluate prisoners' mental health for suicide prevention. … Mattem during the few hours of his detention violated any clearly - established right.

LOVE

District Court, D. New Jersey · Apr 28, 2026

Qualified immunity shields police officers from liability unless they violated clearly established rights. … “Qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Leveto v.