Case law

In re Human Tissue Products Liability Litigation

255 F.R.D. 151 · District Court, D. New Jersey · Dec 12, 2008

Discovery on the narrow issue of good faith immunity has been open since December 2007. 5 See CM/ECF Docket Entry No. 545. … To select thirty-eight (38) documents in a single category of documents, which are further subdivided into five additional categories by defense counsel, not only violates this Court’s Order, but clearly contravenes the Court

Summit Bank v. US DEPT. OF TREASURY-BUREAU

24 F. Supp. 2d 382 · District Court, D. New Jersey · Oct 30, 1998

The court reasoned that "determination of the nonmonetary claims may or may not determine whether plaintiffs are entitled to monetary relief, `and, clearly will not determine the amount of such relief ....'" … The declaratory relief sought had a "conspicuous impact beyond establishing a right to the disallowed funds" and that this "prospective, independent significance ... makes it ... the primary relief sought by the State."

Acosta v. Gaffney

413 F. Supp. 827 · District Court, D. New Jersey · May 12, 1976

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . In Perkins v. … But citizenship by birth is established by the mere fact of birth under the circumstances defined in the constitution.

Serio v. Liss

189 F. Supp. 358 · District Court, D. New Jersey · Dec 9, 1960

It is well-established by Federal, as well as by New Jersey law, that commencement of enlargement of custody by parole is not termination of imprisonment. In Anderson v. … Such a status would clearly be against the .interest of the members of the labor organization, as well as of the public at large.

Clark v. Buchko

936 F. Supp. 212 · District Court, D. New Jersey · Aug 1, 1996

immunity. … Defendants move to dismiss Counts One, Two and Three on the basis that no constitutional violation occurred, that defendants are entitled to qualified immunity and that no unconstitutional policy or custom existed which promoted

Leshner v. McCollister's Transportation Systems, Inc.

113 F. Supp. 2d 689 · District Court, D. New Jersey · Sep 13, 2000

The NJLAD states that “[u]nless it can be clearly shown that a person’s handicap ... would prevent such person from performing a particular job, it is an unlawful employment practice to deny to an otherwise qualified handicapped … Plaintiff responds that he received excellent reviews throughout his employment and was thus clearly qualified. Central to this issue is the identification of the “essential functions of the job.”

Sarner v. Mason

128 F. Supp. 165 · District Court, D. New Jersey · Feb 15, 1955

Burr, 309 U.S. 242 , 60 S.Ct. 488, 490 , 84 L.Ed. 724 , wherein he said, “Clearly the words ‘sue and be sued’ in their normal connotation embrace all civil process incident to the commencement or continuance of legal proceedings … In view of the finding already made that a federal question is involved in this action, it follows that the right of removal, granted the propriety of that finding, is definitely established.

CARR v. COUNTY OF CAMDEN

District Court, D. New Jersey · Mar 26, 2024

The video establishes the following. … Government officials performing discretionary functions are generally shielded from liability for civil damages when their conduct does not violate a clearly established statutory or constitutional right of which a reasonable

CASTRO v. ATLANTIC COUNTY

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

A state actor may be afforded qualified immunity. … “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

Wheeler v. Nieves

762 F. Supp. 617 · District Court, D. New Jersey · Apr 9, 1991

. *621 II.THE STATE IMPERMISSABLY [SIC] INTRODUCED OTHER CRIMES EVIDENCE TO ESTABLISH A GENERAL DISPOSITION FOR WRONGDOING IN VIOLATION OF [NEW JERSEY] EVIDENCE RULE 55. III. … The appellate division expressly found his challenge to the sufficiency of the evidence was “clearly without merit.” App.Div.Op. at 7.

Waskovich v. Morgano

800 F. Supp. 1220 · District Court, D. New Jersey · Aug 27, 1992

Additionally, the court dismissed plaintiff’s claims for monetary damages against the individual defendants in their individual capacity based on the doctrine of qualified immunity. … Directs the establishment and maintenance of essential records and files.

MINOR v. DELAWARE RIVER AND BAY AUTHORITY

District Court, D. New Jersey · Aug 3, 2021

An individual seeking qualified immunity has the burden of establishing his entitlement to the affirmative defense. Halsey v. Pfeiffer, 750 F.3d 273, 288 (3d Cir. 2014) (citing Reedy v. … so, (2) whether the right was clearly established.

Fagan v. City of Vineland

804 F. Supp. 591 · District Court, D. New Jersey · Jul 30, 1992

His comment bears repeating, and its reasoning is adopted here: Were an absolute grant of immunity, precluding state tort suits, sufficient to establish a right to a federal remedy, a pedestrian negligently struck by a police … more broad-based immunity from suit for any injury resulting from a police chase (a section not specifically asserted by defendants as ground for immunity).

ARMSTRONG v. NEW JERSEY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Mar 31, 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 … As such, and in light of Defendant’s concession that the right in question is clearly established, Defendants King and Beattie are not entitled to qualified immunity at this time.

IBRAHIM v. EMRICH

District Court, D. New Jersey · Oct 17, 2024

They further assert that they are entitled to qualified immunity on the individual capacity claims for damages because Plaintiff fails to demonstrate a violation of a clearly established constitutional right and that the … al-Kidd, 563 U.S. 731, 735 (2011) (stating that, to overcome a claim of qualified immunity, a plaintiff must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly

Concepcion v. Veb Backereimaschenbau Halle

120 F.R.D. 482 · District Court, D. New Jersey · Jun 5, 1988

Section 1608(b)—which governs service of an agency or instrumentality of a foreign state—establishes a hierarchy among its listed means of service. … As VEB does not contend it is not subject to the FSIA, or that it is entitled to immunity thereunder, it cannot be said that the amendment will clearly fail to cure the defect.

GONZALEZ v. BOROUGH OF RED BANK

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

Perez has not satisfied the first step of the qualified immunity analysis, at this stage. … Resolution of these questions is critical to any determination of qualified immunity.

Hurdleston v. New Century Financial Services, Inc.

629 F. Supp. 2d 434 · District Court, D. New Jersey · Jun 29, 2009

On September 20, 2005, Pressler moved to strike Christopher’s answer because Christopher was neither an attorney, a person qualified to appear in court, nor a real party in interest, and enter default in the case. … While Defendants’ papers indicate that the state court claim was filed on August 12, 2005, (see Pressler Aff. ¶ 2), the copy of the summons and complaint attached to Plaintiff’s papers clearly indicate that it was filed on

WINFIELD SCOTT TOWER URBAN RENEWAL LP v. LUCIANI

District Court, D. New Jersey · Feb 1, 2024

Plaintiff, in opposition, only addresses Defendants’ qualified immunity assertions. (See generally Pl.’s Opp’n Br., ECF No. 19-1.) … and paste case law implicating the Contracts Clause while discussing qualified immunity (citing Larsen v.

United States v. Steinmetz

763 F. Supp. 1293 · District Court, D. New Jersey · Jun 3, 1991

It is the position of the United States Department of State that warships and their remains which are clearly identifiable as to the flag State of origin are clothed with sovereign immunity and therefore entitled to a presumption … Clearly, warships are to be treated uniquely- Thus, the lapse of time between the sinking of CSS ALABAMA and Mr.