Case law

FLORENTINO v. CITY OF NEWARK

District Court, D. New Jersey · Aug 31, 2020

Qualified immunity “is an immunity from suit rather than a mere defense to liability.” Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … clearly established at the time of a defendant’s alleged misconduct.”

ROGERS v. NJDOC

District Court, D. New Jersey · Mar 19, 2021

The Supreme Court has not yet decided whether a court of appeals decision may constitute clearly established law for purposes of qualified immunity. City of Escondido, Cal. v. … Moreover, Defendants are entitled to qualified immunity if clearly established law did not put the defendants on notice that their conduct violated the Eighth Amendment.

Ragner Tech. Corp. v. Berardi

324 F. Supp. 3d 491 · District Court, D. New Jersey · Mar 22, 2018

Antitrust Immunity The Court next addresses whether Defendants are immune from antitrust liability. Both motions claim Defendants are immune from an antitrust claim as a basis for dismissal. … "But this immunity is [not] absolute." Id. In *513 Walker Process Equipment, Inc. v.

SKELTON

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

Qualified Immunity Qualified immunity “shields government agents from liability for civil damages insofar as their conduct does not violate clearly established statutory … To determine whether Defendants are entitled to qualified immunity from suit, courts ask two questions: “(1) whether [Defendants] violated a constitutional right, and (2) whether the right was clearly established

PATRICK v. NEW JERSEY STATE PRISON

District Court, D. New Jersey · Jan 22, 2025

to qualified immunity. … Defendants are not seeking qualified immunity for such claims.

Rhodes v. Marix Servicing, LLC

302 F. Supp. 3d 656 · District Court, D. New Jersey · Mar 20, 2018

RESPA For Plaintiffs to establish their RESPA claim, they must show: "(1) the submission of a qualified written request by a borrower to a loan servicer for information relating to the servicing of the loan, (2) a failure … The Court again finds disputed factual issues as to whether the transfer fees were improperly included, and if so, whether Zucker is immune from liability under 15 U.S.C. § 1692k(c).

DUNCAN v. CITY OF PATERSON

District Court, D. New Jersey · Sep 10, 2025

Officers are entitled to qualified immunity unless they violate a clearly established right. See City of Escondido v. Emmons, 586 U.S. 38, 42 (2019). … To determine whether the officers might have violated a clearly established right for qualified immunity purposes, the Tenth Circuit looked to the cited cases. See id. at 877–80.

CARPENTER v. CHARD, JR.

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

The question before the Court is whether Chard is entitled to qualified immunity. … The doctrine of qualified immunity provides that “government officials performing discretionary functions . . . are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Krebs v. Rutgers

797 F. Supp. 1246 · District Court, D. New Jersey · Jul 22, 1992

This contention would qualify as an exception to FERPA’s anti-dissemination rule. … The court has some pause certifying these representatives given the absence of qualified counsel.

Gonzalez v. Young

418 F. Supp. 566 · District Court, D. New Jersey · Aug 13, 1976

Gonzalez did not qualify under the provisions of § 4810 of the New Jersey Public Assistance Manual for a grant of emergency assistance. Miss Fondi made phone calls to Ms. … JURISDICTION The complaint states a claim under 42 U.S.C. § 1983 , which provides a cause of action for a deprivation, under color of state law, of any “rights, privileges or immunities secured by the Constitution and laws

PASQUERELLO v. MURPHY

District Court, D. New Jersey · May 25, 2022

Dempster, 764 F.3d at 308 (quoting /gba/, 556 U.S. at 678). . 2, Qualified Immunity “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory … The party asserting qualified immunity has the burden of establishing that the doctrine applies. See Reedy y.

New Jersey v. Yeutseun Chen (In Re Yeutseun Chen)

227 B.R. 614 · District Court, D. New Jersey · Dec 18, 1998

Clearly — most likely those forms were submitted falsely. They did not represent the correct information that should have been submitted. Mr. … (“Even before Gunter , a state’s waiver of Eleventh Amendment immunity by voluntary appearance was well-established.”).

MEZA v. JACKSON TOWNSHIP

District Court, D. New Jersey · Jun 22, 2021

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. … A district court “may not deny a summary judgment motion premised on qualified immunity without deciding that the right in question was clearly established at the time of the alleged wrongdoing.” Spady v.

PASQUALE

District Court, D. New Jersey · Oct 30, 2025

Once a defendant has raised qualified immunity, it is over to the plaintiff --- who then “has to come forward and show what the clearly established law actually is.” Courney v. … If a plaintiff does not produce “sufficiently on- point indications that the relevant law is clearly established, then the defendant gets qualified immunity.” Id. (cleaned up).

ROBERTS v. COUNTY OF ESSEX

District Court, D. New Jersey · Apr 17, 2023

The City failed to satisfy its burden, however, to establish the premise of its argument, i.e., that its employees entitled to qualified immunity. … Fitzgerald, 457 U.S. 800, 818 (1982)) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

CHAUDRY v. FARABELLA

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

clearly established statutory or constitutional rights of which a reasonable person should have known.” … constitutional right” and “the right was clearly established” at the time of the objectionable conduct.

Alston v. Parker

452 F. Supp. 2d 597 · District Court, D. New Jersey · Sep 26, 2006

R.Civ.P. 12(b)(6) motion to dismiss and invoking various defenses such as defects in the pleading, witness immunity, qualified immunity, and sovereign immunity. … , and (3) Parker, Singer, and Navratil are entitled to qualified immunity.

United States v. Bendetti

498 F. Supp. 450 · District Court, D. New Jersey · Sep 3, 1980

THE COURT: You don’t feel qualified to do it without Mr. Goodman’s help? MR. MOMOT: I do feel qualified; however, I do understand his expertise in this area- THE COURT: In what area? MR. … Nonetheless, it is clearly in the best interests of each defendant that his own lawyer open for him. Goodman will not be permitted to open jointly for the three defendants.

Ingerman v. Delaware River Port Authority

630 F. Supp. 2d 426 · District Court, D. New Jersey · Jun 30, 2009

These recommendations clearly found their way into Section 7 of the Privacy Act. … Clearly then, this factor weighed against granting Eleventh Amendment immunity to Rutgers. *440 By contrast, the only factor that weighed in favor of granting Eleventh Amendment immunity to the DRPA in Peters was autonomy

FISHER v. COUNTY OF MERCER

District Court, D. New Jersey · Jun 25, 2025

Qualified Immunity Finally, Defendants argue that Ellis is entitled to qualified immunity because he did not violate Plaintiff’s clearly established rights. … constitutional right is clearly established.”9 Karkalas v.