Case law

GURVEY v. TOWNSHIP OF MONTCLAIR NEW JERSEY

District Court, D. New Jersey · Mar 31, 2022

Qualified Immunity The second prong of the qualified immunity analysis asks whether the constitutional rule which was allegedly violated was “clearly established” at the time … 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

Freund v. Florio

795 F. Supp. 702 · District Court, D. New Jersey · Jun 3, 1992

Additionally, defendants contend that this action is barred in its entirety by the grant of immunity to states in the Eleventh Amendment of the U.S. Constitution. … Colleges; defendants had “adduced evidence that physical and mental abilities decline with increasing age,” and mandatory retirement rule was rationally related to the state interest in quality education and getting the most qualified

Fioriglio v. City of Atlantic City

996 F. Supp. 379 · District Court, D. New Jersey · Mar 5, 1998

Clearly, this issue, in view of the fact that there were upcoming vacancies, battalion chief was an issue that needed to be resolved. … Absolute or Qualified Immunity Defendants Whelan and Gallagher have both put forth the defense of absolute and/or qualified immunity.

Vanderhoof v. Life Extension Institute

988 F. Supp. 507 · District Court, D. New Jersey · Dec 19, 1997

To succeed on a claim of age discrimination, a plaintiff first must establish a pri-ma facie case of age discrimination by proving that she: (1) is over forty years of age; (2) is qualified for the position in question; ( … Therefore, in RIF cases, a pri-ma facie ease is established where the plaintiff can show that the plaintiff was in the protected class, was qualified, was laid off, and that other unprotected workers were retained.

Zold v. Township of Mantua

737 F. Supp. 308 · District Court, D. New Jersey · May 14, 1990

Qualified immunity is an affirmative defense that is waived if not pleaded. Gomez v. Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920, 1923-24 , 64 L.Ed.2d 572 (1980). … While Jacoby’s deposition testimony does not establish the date on which the three individual defendants discussed plaintiff’s qualifications, it clearly establishes that Ja-coby’s dissatisfaction with plaintiff’s job performance

IBRAHIM v. EMRICH

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

Jd. at *8-9 (concluding that Defendants fail to meet their burden under the second prong of the qualified immunity defense). … 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

OLEXSAK v. JONES

District Court, D. New Jersey · Jul 28, 2022

Claims Against Defendant Officer Jones The doctrine of qualified immunity shields government officials from civil liability so long as “their conduct does not violate clearly established … In addition, the court must “decide whether the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.” Id.

ALLAH

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

clearly established at the time of the proceedings. … 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

Abbruzzese v. Berzak

412 F. Supp. 201 · District Court, D. New Jersey · May 3, 1976

Dismissal based on sovereign immunity. Denied. See 39 U.S.C. § 401 granting the Postal Service power to sue and be sued in its official name. 4. Objections to parties. Denied. … Obstruction of the mails clearly violates this fundamental duty and is full and adequate ground for removal. The foregoing opinion constitutes the court’s findings of fact and conclusions of law.

DICKERSON v. WALLKILL VALLEY REGIONAL HIGH SCHOOL BOARD OF EDUCATION

District Court, D. New Jersey · Jun 1, 2020

To determine whether qualified immunity applies, the Court considers two questions: (1) whether the official’s conduct violated a constitutional or federal right; and (2) whether that right was “clearly established … Government actors are entitled to qualified immunity unless they violate a constitutional right “so clearly established that ‘every reasonable official would have understood that what he was doing violates that right.’

Schultz v. Yeager

293 F. Supp. 794 · District Court, D. New Jersey · Nov 21, 1967

There is no merit to petitioner’s claim of immunity. … The statute clearly grants immunity from criminal prosecution to an individual who, after claiming his privilege against self-incrimination, is compelled to testify or produce documentary evidence.

FEHL v. BOROUGH OF WALLINGTON

District Court, D. New Jersey · Sep 30, 2021

Qualified immunity, on the other hand, provides for immunity to suit. Lozano v. New Jersey, 9 F.4th 239, 244 (3d Cir. 2021). … See also Lozano, 9 F.4th at 245 (“A police officer is entitled to qualified immunity under § 1983 unless the plaintiff shows that the officer violated ‘clearly established statutory or constitutional rights of which a reasonable

WALKER v. CITY OF NEWARK

District Court, D. New Jersey · Jul 1, 2020

“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 rights of which a reasonable … To overcome qualified immunity, a plaintiff must plead facts sufficient to show that: (1) the official violated a statutory or constitutional right; and (2) “the right at issue was ‘clearly established’ at the time of defendant

D & D Assocs. v. Board of Educ. of N. Plainfield

411 F. Supp. 2d 483 · District Court, D. New Jersey · Jan 10, 2006

Vignuolo is qualified to submit an opinion as to Mr. … This clearly does not. In addition, an expert report or expert testimony must assist the trier of fact. Claiming that the damages are self-evident does nothing to achieve this end.

Dia Navigation Co., Ltd. v. Reno

831 F. Supp. 360 · District Court, D. New Jersey · Aug 11, 1993

See 8 U.S.C. § 1182 (a) (listing categories of aliens who qualify as excludable). … the United States waives its sovereign immunity.

Bennun v. Rutgers, the State University

737 F. Supp. 1393 · District Court, D. New Jersey · May 23, 1990

It is clear from this discussion that plaintiff has satisfied the burden of establishing that he was qualified for promotion. … The objective data on Bennun’s curriculum vitae and the opinions of internationally renowned biochemists clearly demonstrate that Bennun was at the very least qualified for promotion to full professor.

Jorgensen v. Prudential Insurance Co. of America

852 F. Supp. 255 · District Court, D. New Jersey · Apr 29, 1994

Each was established to offer tax-qualified pension plans the opportunity to invest their funds in a managed portfolio of real property on a commingled basis. … Participation in PRISA accounts is limited to pension plans qualified under Section 401(a) of the Internal Revenue Code, governmental plans qualified to hold separate account contracts and other plans where a unit value,

O'Hara v. Board of Education of the Vocational School in the County of Camden

590 F. Supp. 696 · District Court, D. New Jersey · Jun 27, 1984

These procedures clearly meet the basic prerequisites for the application of collateral estoppel. Utah Construction, supra; Moore v. Bonner, 526 F.Supp. 143, 147 (D.S.C.1981). … component of the McDonnell-Douglas prima facie case,” id. at 118, the court stated: No good reason exists for allowing a nonqualified employee to invoke Title VII to cure deficiencies in his or her qualifications, or to immunize

HARRISON v. NEW JERSEY STATE POLICE

District Court, D. New Jersey · Mar 2, 2023

The burden of establishing entitlement to qualified immunity rests with the movant asserting the defense. Halsey v. Pfeiffer, 750 F.3d 273, 288 3d Cir. 2014). … “The qualified immunity inquiry contains two prongs: (1) whether the facts alleged by the plaintiff show the violation of a constitutional right, and (2) whether the law was clearly established at the time of the violation

Bulloch v. United States

487 F. Supp. 1078 · District Court, D. New Jersey · Mar 27, 1980

Tool Co., 64 N.J. 159 , 313 A.2d 609 (1974) (despite lack of legal marriage, de facto spouse qualifies as dependent under workers’ compensation statute). … Similarly, the common law conception of the marital relationship has not been immune to reexamination. See, e. g., Trammel v.