Case law

GOFAN JUNIOR v. PEREKSTA

District Court, D. New Jersey · Mar 31, 2021

In the familiar qualified immunity analysis, the court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have … This though does not end this Court’s qualified immunity analysis.

Noble v. City of Camden

112 F. Supp. 3d 208 · District Court, D. New Jersey · Jun 29, 2015

Defendants are entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed” to arrest Plaintiff “in light of clearly established law and the information the [arresting] '’ officers … of qualified immunity. .

Murphy v. Middlesex Cnty.

361 F. Supp. 3d 376 · District Court, D. New Jersey · Jan 17, 2019

could clearly establish a right for purposes of qualified immunity." … Thus, to establish qualified immunity, the MCPO Defendants are expected to address these cases and any similar cases in showing whether the rights implicated by this case may be considered clearly established.

Peterson v. Bernardi

719 F. Supp. 2d 419 · District Court, D. New Jersey · Jun 15, 2010

Clearly Established Second, was the constitutional right at issue clearly established? … If ever an area of law were not “clearly established”, this area was not. See Brandt v.

Rouse v. Plantier

987 F. Supp. 302 · District Court, D. New Jersey · Dec 5, 1997

Although most defenses of qualified immunity stand or fall on whether the right allegedly violated was “clearly established,” it is quite clear that even where the right is clearly established, the defense is still available … been clearly established.

P.F. v. Mendres

21 F. Supp. 2d 476 · District Court, D. New Jersey · Sep 29, 1998

Generally speaking, “[ujnless plaintiffs allegations state a claim of a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … established right occurred; Judge Greenberg would have ended qualified immunity analysis at that stage of the inquiry).

VAN VALEN v. LANIGAN

District Court, D. New Jersey · Feb 21, 2020

established law, Lanigan would be entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (“[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

G-69 v. Degnan

745 F. Supp. 254 · District Court, D. New Jersey · Aug 21, 1990

Qualified Immunity With respect to qualified immunity, plaintiff must show that defendants violated some clearly established right. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … The complete lack of any analogous case requires this court to find that defendants’ conduct was not so unreasonable in light of clearly established law as to vitiate their qualified immunity.

GRIFFIN v. THE CITY OF NEWARK

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

determining entitlement to qualified immunity” and teaches officials how to govern their conduct in the future. … Dep’t of Corr., 642 F.3d 163, 176 (3d Cir. 2011) (burden of establishing qualified immunity falls to official claiming it as defense (citing Harlow v. Fitzgerald, 457 U.S. 800, 819 (1982)).

CITADEL WELLWOOD URBAN RENEWAL LLC v. BOROUGH OF MERCHANTVILLE

District Court, D. New Jersey · Nov 27, 2023

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of … ‘clearly established’ at the time of the challenged conduct.”

Tofano v. Reidel

61 F. Supp. 2d 289 · District Court, D. New Jersey · Aug 11, 1999

To this effect, government officials, performing discretionary functions, are afforded qualified immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Having found the conduct of the officers to be objectively reasonable, plaintiff has not alleged a violation of a clearly established constitutional right and the officers are entitled to qualified immunity. Cf.

Trafton v. City of Woodbury

799 F. Supp. 2d 417 · District Court, D. New Jersey · Jun 29, 2011

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. 12 Montanez, 603 F.3d at 250 . … See id. at 823 (finding that because the unlawfulness of the officers’ conduct was not clearly established, the officers were entitled to qualified immunity, without having to answer the question of whether the officers violated

DiLoreto v. Borough of Oaklyn

744 F. Supp. 610 · District Court, D. New Jersey · Aug 21, 1990

clearly established right). … As was noted in the discussion of qualified immunity, it was clearly established that a search will be considered a violation of the fourth amendment if it is unreasonable. Bell v.

Crump v. Passaic County

147 F. Supp. 3d 249 · District Court, D. New Jersey · Dec 2, 2015

(2) that the right was ‘clearly established’ at the time of the challenged conduct.” … Courts have been instructed “not to define clearly established law at 'a high level of generality.” Id. There is no clearly established law that the alleged conduct here violated the Fourth Amendment.

Lodato v. Ortiz

314 F. Supp. 2d 379 · District Court, D. New Jersey · Apr 16, 2004

established right, summary judgment based on qualified immunity is inappropriate in this case. … determine whether the alleged constitutional right is clearly established.

Friedland v. Fauver

6 F. Supp. 2d 292 · District Court, D. New Jersey · Mar 31, 1998

Qualified Immunity ' Defendants contend that summary judgment should be entered in their favor based on qualified immunity because they did not violate any clearly established constitutional right of Friedland. … “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Michaels v. New Jersey

50 F. Supp. 2d 353 · District Court, D. New Jersey · May 26, 1999

Once a defendant raises the defense of qualified immunity, it is the plaintiffs burden to delineate the constitutional right that was violated and show that it was clearly established at the time of the conduct at issue. … Parenthetically, in a qualified immunity analysis, defining the constitutional right at issue is critical in assessing whether or not that right was clearly established.

MCCRIMMON v. JOHNSON

District Court, D. New Jersey · Nov 30, 2022

Defendants contend they are entitled to qualified immunity because settled law does not clearly establish that four instances of the opening of legal mail over a twenty-one-month period amounts to a pattern or practice … There is a two-step inquiry into whether qualified immunity applies: (1) whether the official’s conduct violated a constitutional or federal right; and (2) whether the right at issue was clearly established.

Downey v. Coalition Against Rape and Abuse, Inc.

143 F. Supp. 2d 423 · District Court, D. New Jersey · May 2, 2001

When material facts are not in dispute, the district court may decide whether a government official has established the defense of qualified immunity as a matter of law. Anderson v. … not rest on clearly established law, defendants Batten and Moore accordingly are entitled to immunity from plaintiffs Equal Protection claim.

Palma v. Atlantic County

53 F. Supp. 2d 743 · District Court, D. New Jersey · Jun 15, 1999

Qualified immunity “shield[s officers] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … [to] determine whether [D]efendant[s][are] entitled to qualified immunity on the grounds that [their] conduct did ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have