Case law

McLendon v. Continental Group, Inc.

749 F. Supp. 582 · District Court, D. New Jersey · Jun 7, 1989

Indeed, they clearly aided in establishing or maintaining the cap line. Therefore, it is conceivable that Mr. … It was even necessary to lay off a small number who had already qualified — a result clearly contemplated by the plan.

SHAIKH v. STATE OF NEW JERSEY - DEPARTMENT OF BANKING & INSURANCE, DIVISION OF INSURANCE

District Court, D. New Jersey · Apr 30, 2024

qualified immunity. … constitutional right is clearly established.”

In Re Grand Jury Proceedings

503 F. Supp. 9 · District Court, D. New Jersey · Apr 25, 1980

And the privilege is “qualified” by the conditions of the rule. In modern terms, it might be called a “qualified immunity” from liability. … restrictions on the reporting of certain kinds of information for that purpose, 15 U.S.C. § 1681c, regulate the preparation and provide means for correction of “investigative” reports, § 1681d, require reporting agencies to establish

Ivan v. County of Middlesex

595 F. Supp. 2d 425 · District Court, D. New Jersey · Jan 21, 2009

A public official’s actions are protected by qualified immunity if he or she can show that the “offending” conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would … Andrews, 895 F.2d at 1479 (denying qualified immunity to city officials for sexual harassment on this ground).

IANUALE v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jul 29, 2025

had not alleged that the issuance of the press releases violated a clearly established right. … In 2018, when this incident occurred, the right to be free from excessive force was clearly established[.]”).

RAMIREZ v. SWSP CUSTODY OFFICERS

District Court, D. New Jersey · Mar 15, 2023

Qualified Immunity Defendant Powell argues that he is entitled to qualified immunity because “there is no clearly established right for an incarcerated … “[O]fficers are entitled to qualified immunity ... unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established

PINES v. DAVIS

District Court, D. New Jersey · Jul 28, 2020

qualified immunity as to this claim. … Even were this not the case, Defendants would clearly be entitled to qualified immunity based upon the record before the Court.

Loveladies Property Owners Ass'n, Inc. v. Raab

430 F. Supp. 276 · District Court, D. New Jersey · Nov 24, 1975

Where Congress establishes a statutory method for reviewing administrative action, as here, an aggrieved party cannot avoid compliance with the statutory process by bringing a mandamus action. See Wilmot v. … The United States moved to dismiss on the grounds of sovereign immunity, lack of subject matter jurisdiction, and failure to state a claim upon which relief may be granted.

SMITH v. VOORHEES TOWNSHIP

District Court, D. New Jersey · Jun 10, 2019

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 … constitutional right” and “the right was clearly established” at the time of the objectionable conduct.

New Jersey, Department of Environmental Protection & Energy v. Gloucester Environmental Management Services, Inc.

821 F. Supp. 999 · District Court, D. New Jersey · Apr 23, 1993

The Supreme Court of New Jersey has thus noted that the Act intended to re-establish governmental immunity except as liability is otherwise permitted, stating: “The Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, reestablished … The New Jersey Tort Claims Act at N.J.S.A. 59:2-l(b) states that “[ajny liability of a public entity established by this act is subject to any immunity of the public entity.”

SHAIKH v. STATE OF NEW JERSEY - DEPARTMENT OF BANKING & INSURANCE, DIVISION OF INSURANCE

District Court, D. New Jersey · Dec 16, 2024

Like the FAC, the proposed SAC cites a variety of clearly-established constitutional and statutory rights but has not plausibly alleged that the individual State Defendants have violated those rights. … DAG Schaffer of qualified immunity.

MILLS v. GOLDEN NUGGET ATLANTIC CITY, LLC

District Court, D. New Jersey · Aug 18, 2021

Qualified Immunity The doctrine of qualified immunity shields government officials from monetary damages when their conduct does not violate clearly … He is not entitled to qualified immunity.

WEST v. MATTHEWS

District Court, D. New Jersey · May 19, 2025

Third, Defendants argue that they are entitled to qualified immunity “because West has not plausibly alleged a violation of clearly established law.” … The Court thus concludes that Defendants are entitled to qualified immunity because plaintiff has not pleaded claims sufficient to plausibly allege that Defendants violated a clearly established law.

NEAL v. POWELL

District Court, D. New Jersey · Jun 22, 2023

“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 constitutional … As there is no clear case which clearly establishes the right in question here, this Court must grant Defendant Woolson qualified immunity as to the use of OC spray and enter judgment in his favor as to that issue only.

BRADY v. TOWNSHIP OF WOODBRIDGE

District Court, D. New Jersey · Jan 12, 2022

(See Opinion at 12 (declining to “grant qualified immunity to the individual officers on the pleadings while material fact issues remain to be resolved”).) … “These allegations, if proven, could show that Defendants violated Plaintiff’s clearly established rights, without probable cause and without a reasonable belief in the existence of probable cause.” (Id.

SANDERS v. JERSEY CITY

District Court, D. New Jersey · Apr 23, 2021

A qualified-immunity defense fails if (1) “the officer violated a constitutional right,” and (2) “the right was clearly established.” El v. … Clearly Established The officers may still enjoy qualified immunity on the second, “clearly- established” prong.

BELSKIS v. ORTIZ<font color="red">DO NOT FILE IN THIS CASE</font>

District Court, D. New Jersey · Apr 27, 2022

Qualified immunity protects officials who violate a plaintiff's federally protected right, so long as the right was not clearly established by law. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … purposes of qualified immunity.’”

MOORE v. COLON

District Court, D. New Jersey · Mar 29, 2023

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 … is no clearly established law that would put them on notice that their conduct was unlawful, but they cite no Eighth Amendment excessive force decisions analyzing the clearly established prong of qualified immunity.

Pruticka v. Posner

714 F. Supp. 119 · District Court, D. New Jersey · Jun 9, 1989

Under a 1979 amendment, Congress established two “preferences”: one for families occupying substandard housing; another for families that had been involuntarily displaced. … Whether Defendant Is Immune From Suit Under § 1983 Defendant further argues that he is immune from suit under § 1983 by virtue of the New Jersey Tort Claims Act, N.J. S.A. § 59:1-1 et seq.

Hunter v. Supreme Court of New Jersey

951 F. Supp. 1161 · District Court, D. New Jersey · Aug 27, 1996

The ACJC is a court committee established by court rule. Rule 2:15-1. … Absolute Judicial Immunity Defendants also argue that plaintiffs claims are barred by the doctrine of absolute judicial immunity. The doctrine of judicial immunity is well-established.