Case law

Longoria v. New Jersey

168 F. Supp. 2d 308 · District Court, D. New Jersey · Oct 17, 2001

Similarly, Longoria also has failed to come forward with any evidence establishing a prima facie case of retaliation by Sarnecky or Wattai. … The summary judgment record does not indicate clearly the exact dates for any of the 1997 events. 3 .

MASSEY v. HENDRICKS

District Court, D. New Jersey · Sep 25, 2020

Where a plaintiff’s claim fails to clear either hurdle, the officer is entitled to qualified immunity, and a reviewing court may therefore address only the clearly established prong where it is dispositive of the immunity … conduct [was] clearly established.”

Hodgson v. Board of Ed., Parsippany-Troy Hills

344 F. Supp. 79 · District Court, D. New Jersey · Jun 14, 1972

Wirtz, and are clearly put before this Court by the cases at bar. While the Supreme Court left the narrow Eleventh Amendment issue open, we are not without guideposts generally. … While establishing that, absent waiver or consent, an action brought by employees under 29 U.S.C. § 216 (b) is barred by the sovereign immunity afforded by the Eleventh Amendment, the Court observed ( 452 F.2d at 826 ): An

CONTE v. GOODWIN

District Court, D. New Jersey · Aug 29, 2024

to qualified immunity. … Qualified immunity also 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 would

SEIDLE v. NEPTUNE TOWNSHIP

District Court, D. New Jersey · Oct 31, 2019

If none exists. the Court may consider “a ‘robust consensus of cases of persuasive authority’ in the Court of Appeals [that] could clearly establish a right for purposes of qualified immunity.” Jd. … Although “it is true that qualified immunity should be resolved at the earliest possible stage of the litigation, at the motion to dismiss stage, ‘qualified immunity will be found only when the immunity is established

Hanson v. United States

712 F. Supp. 2d 321 · District Court, D. New Jersey · Mar 26, 2010

Moreover, it is well-established that a federal prisoner may bring suit under the FTCA. United States v. Muniz, 374 U.S. 150 , 83 S.Ct. 1850 , 10 L.Ed.2d 805 (1963). … New Jersey courts typically look at the reasonableness of a police officer’s use of force when the officer raises the defense of qualified immunity under the New Jersey Tort Claims Act.

LANKFORD v. CITY OF CLIFTON

District Court, D. New Jersey · Jun 29, 2021

The “clearly established” prong of the qualified immunity analysis “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … But the qualified-immunity issue is the opposite: whether the plaintiff can establish that a violation was clearly established by then-existing precedent.

Housing Authority of Newark v. Henry

334 F. Supp. 490 · District Court, D. New Jersey · Nov 18, 1971

Second, no federal law confers immunity from state prosecution on such charges. … They then argued that “since they are immune from prosecution, any proceeding in the state court will necessarily deny them their rights protected by this immunity. * * * ” ( 439 F.2d at 1019 ).

United States v. Menendez

270 F. Supp. 3d 780 · District Court, D. New Jersey · Aug 31, 2017

This right is established by the Confrontation Clause of the Sixth Amendment, as well as the Due Process Clause of the Fifth Amendment, United States v. … He merely faces the reality, clearly contemplated by the Founders, that criminal prosecution may interrupt congressional duties. See Williamson, 207 U.S. at 445-46 , 28 S.Ct. 163 .

Parker v. Merlino

493 F. Supp. 381 · District Court, D. New Jersey · Jun 13, 1980

This would violate established state principles of separation of powers, Passaic Co. Bar Ass’n v. Hughes, 108 N.J.Super. 161 , 260 A.2d 261 (Ch.Div.1969). … VI of the United States Constitution, clearly mandates this conclusion. . Finally, we must reject the suggestion that Tenney v.

Searight v. State of NJ

412 F. Supp. 413 · District Court, D. New Jersey · May 6, 1976

At the founding of the nation, there was no question that a citizen of New Jersey could not sue that State anywhere because of the doctrine of sovereign immunity. In Chisholm v. … Houdini has so far failed to establish communication from the spirit world (See E. L.

Deiches v. CARPENTERS'HEALTH & WELF. FUND OF PHILA.

572 F. Supp. 766 · District Court, D. New Jersey · Oct 6, 1983

A small number of authorities sketch the outlines of what qualifies as an impermissible intrusion on the federal regulatory ERI-SA scheme. In Delta Airlines v. … To rule otherwise would grant ERISA plan-Fund’s immunities from general state law obligations, an immunity that Congress gave no hint of a desire to confer.

ST. FLEUR v. CITY OF LINDEN, NEW JERSEY

District Court, D. New Jersey · Aug 30, 2019

alleges against him.14 “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 … Nov. 4, 2010) (reasoning that, if the police defendants arrested the plaintiff without probable cause and “then maliciously prosecute[d] him, qualified immunity will not protect [the defendants] as these are clearly established

Consolidated Express, Inc. v. New York Shipping Ass'n

452 F. Supp. 1024 · District Court, D. New Jersey · May 11, 1978

As such, they were immune from antitrust attack. … Pennington and Jewel Tea establish that contracts addressing mandatory subjects of collective bargaining and negotiated in the union’s self-interest are immune from antitrust attack, at least where the intent of the parties

SYMS v. COUNTY OF CAMDEN

District Court, D. New Jersey · Sep 29, 2022

At the summary judgment stage, “the officer bears the burden of establishing his entitlement to qualified immunity.” … is thus entitled to qualified immunity.

Providence Pediatric Medical Daycare, Inc. v. Alaigh

112 F. Supp. 3d 234 · District Court, D. New Jersey · Jun 30, 2015

Defendants assert that the claims against the individual defendants in their personal capacity are subject to dismissal under the doctrine of qualified immunity. (Defs.’ Br. 17-19.) … Clearly, these applications were filed after the moratorium became effective on November 3, 2003.

Hyson v. Neubert

820 F. Supp. 184 · District Court, D. New Jersey · May 3, 1993

And the other requirement of Helms has clearly not been met. … The court has considered whether defendants would be entitled to qualified immunity under the rule of Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

MOORE v. CITY OF JERSEY CITY

District Court, D. New Jersey · Nov 6, 2024

The doctrine of qualified immunity shields government officials from personal liability in Section 1983 cases where their conduct does not violate “clearly established statutory or constitutional rights of which … Clear Establishment of Right Even if a constitutional violation had occurred, the Patrolling Officers did not violate a clearly established right.

ITIOWE v. TRUMP

District Court, D. New Jersey · Dec 14, 2022

Qualified Immunity The DAG Defendants and the DCP&P Defendants have also raised qualified immunity as an affirmative defense. [Docket No. 66-1, at 22–27.] … Plaintiff’s claims are also barred by the Rooker-Feldman doctrine, and most of the Defendants are immune from this suit under the doctrines of Eleventh Amendment sovereign immunity, qualified immunity, and/or absolute

NIEVES-HALL v. CITY OF NEWARK

District Court, D. New Jersey · Sep 26, 2019

“{Ujnless 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.” … The second prong of the qualified immunity analysis asks whether the right was so clearly established that Director Ambrose should have known that he was committing a constitutional violation under the circumstances.