Case law

LOUIS ANTHONY MAYE v. STEPHEN L. PETRILLO, GRACE SPENCER, LISA M. AUDUBATO

District Court, D. New Jersey · Jun 25, 2026

Plaintiff's IFP application establishes Plaintiff's financial eligibility to proceed without prepayment of the filing fee and is GRANTED. … In determining whether an act qualifies as a “judicial act,” courts look to “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether

Cooper v. Hutchinson

88 F. Supp. 774 · District Court, D. New Jersey · Jan 27, 1950

No person is immune from prosecution in good faith for his alleged criminal acts. … Wilson, 307 U.S. 268 , 59 S.Ct. 872 , 83 L.Ed. 1281 is, as they state, an instance where this position was established by the United States Supreme Court.

BAYNARD v. MONA

District Court, D. New Jersey · Jun 10, 2022

Qualified Immunity Detective Sapienza also argues he is entitled to qualified immunity. (Mov. Br. at 36–38). … Accordingly, the law does not clearly establish that the particular circumstances of this case render Baynard’s arrest unlawful. Detective Sapienza is therefore, at a minimum, entitled to qualified immunity. IV.

K.J. v. GREATER EGG HARBOR REGIONAL HIGH SCHOOL DISTRICT BOARD OF EDUCATION

District Court, D. New Jersey · Dec 16, 2019

“Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Supp. 2d 379, 388 (D.N.J. 2004) (“Plaintiff also argues that qualified immunity should be precluded as law of the case because the Court already denied the Defendants’ motion to dismiss based on qualified immunity.

SMITH v. D'ILIO

District Court, D. New Jersey · Jun 23, 2025

“‘[T]he judicially created doctrine of qualified immunity’ shields governmental officials from suit and from liability if their conduct ‘does not violate clearly established statutory or constitutional rights of which a … The first prong of qualified immunity asks, “whether the facts, as viewed in the light most favorable to the plaintiff, show the violation of a legal right,” and the second prong asks, “whether that right was clearly established

Caruso v. United States

236 F. Supp. 88 · District Court, D. New Jersey · Nov 25, 1964

Legal expenses particularly qualify under this preservation theory of business deductions. … Clearly, on the facts before this court, Caruso was protecting his eligibility status.

United States v. Addonizio

313 F. Supp. 486 · District Court, D. New Jersey · Apr 30, 1970

He argues that, as a result of such violations (1) he must be accorded immunity from prosecution, or (2) the indictment must be dismissed. … This defendant was neither offered nor granted immunity from prosecution by either New Jersey or the United States.

DALAL v. MOLINELLI

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

immunity, because it was not clearly established, at the time of the events in the complaint, that the allegations in the complaint would violate the Constitution.” … Nov. 4, 2010) (“[I]f the police used excessive force to arrest Plaintiff without probable cause and then maliciously prosecute him, qualified immunity will not protect Defendants as these are clearly

PRASS v. STATE OF NEW JERSEY- DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jan 19, 2023

To meet his initial burden, a plaintiff must demonstrate that “(1) [he] belongs to a protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action despite being qualified … Supp. 2d 545, 550 (D.N.J. 2002) (“Although the NJLAD clearly identifies the State as a potential defendant, see N.J. Stat.

Suburban Trust Company v. National Bank of Westfield

211 F. Supp. 694 · District Court, D. New Jersey · Dec 10, 1962

The Comptroller clearly has a visitorial and supervisory function over National banks. His approval of certain contemplated acts by such banks is expressly required. … , the Comptroller is clearly not an indispensable party, because the fact of his approval becomes irrelevant and immaterial to the question presented.

Smith v. Estate of Smith

248 F. Supp. 2d 348 · District Court, D. New Jersey · Feb 19, 2003

A domestic relations order must clearly specify the following four items in order to be considered “qualified”: (1) the name and the last known mailing address (if any) of the participant and the name and mailing address … C, ¶ 2, which incorporates the PSA by reference, clearly constitutes a domestic relations order.

D.L. v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Sep 14, 2021

Defendant concedes that “its argument for absolute immunity [under Section 7] is contrary to the holdings of other judges within this District concerning medical malpractice matters involving federally qualified health … Accordingly, Defendant has failed to meet its burden of establishing absolute immunity under Section 7. c.

UNDERWOOD v. CAMDEN COUNTY OFFICE OF THE SHERIFF

District Court, D. New Jersey · Mar 28, 2024

entitled to qualified immunity. … Thus, all Defendants will be subject to the qualified immunity standard.

Borden Company v. Freeman

256 F. Supp. 592 · District Court, D. New Jersey · Jun 10, 1966

(а) Authorization to establish specifications. … purpose. ****** (б) Other poultry dishes and specialty items, (i) * * * Products * * * having less than the specified minimum poultry meat content, may use the “Kind” name in the product name, provided it is appropriately qualified

CRYMES v. WILD

District Court, D. New Jersey · Dec 29, 2020

The judge “clearly told complainant that Judge Wild told him I was not released, she did not release me as I did not qualify for the HEDS program.” Id. … In determining whether an act qualifies as a “judicial act,” courts look to “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectation

Florence v. Board of Chosen Freeholders

657 F. Supp. 2d 504 · District Court, D. New Jersey · Jun 30, 2009

Here, the Fourth Amendment question is clearly serious to the conduct of the litigation in a practical and legal sense. … Finally, Burlington moved for summary judgment in favor of Warden Jule Cole in his individual capacity on qualified immunity grounds. That motion was denied with prejudice. Id. at 518 .

United States v. Lewis

862 F. Supp. 1277 · District Court, D. New Jersey · Sep 29, 1994

Also, defendant would seek to establish that the 1981 Armed Robbery Conviction was constitutionally invalid because there was not a sufficient factual basis to support the charge that the offense qualified as an “armed robbery … Similarly, the language of that version of the Application Note was devoid of any clearly stated intention that the Guidelines authorize such collateral attacks.

Schummer v. Black Bear Distribution, LLC

965 F. Supp. 2d 493 · District Court, D. New Jersey · Aug 15, 2013

To establish a prima facie case for discrimination, the plaintiff must show that (1) he is disabled, (2) was objectively qualified for his position, (3) was terminated, and (4) the employer sought to or actually did fill … his position with a similarly qualified person.

Coon v. Liebmann Breweries, Inc.

86 F. Supp. 333 · District Court, D. New Jersey · Jul 22, 1949

There can be no doubt that throughout the period of his employment the petitioner was a qualified employee under the said contract. VII. … It may be conceded that as between the petitioner and the Union the petitioner was a temporary member, but it clearly appears from the undisputed testimony that he qualified for employment and was entitled to his position

Watson v. City of Salem

934 F. Supp. 643 · District Court, D. New Jersey · Nov 9, 1995

With regard to the claim that Defendants refused to hire black police officers, Plaintiff, as is noted above, was clearly not the most qualified candidate for the new opening on the S.C.P.D. … Plaintiffs counsel’s failure to make a reasonable inquiry into the clearly established law on the issue of damages for emotional distress contributed to the unnecessary length of motion practice, delay and increase in litigation