Case law

DeSantis v. New Jersey Transit

103 F. Supp. 3d 583 · District Court, D. New Jersey · Apr 29, 2015

Sometimes, the but-for causation element may be established by the nature of the harassment itself. … Nabisco Biscuit Co., 224 F.Supp.2d 852, 865 (D.N.J.2002) (“Obviously, where conduct is clearly racial or racist in nature, the causal element will be satisfied.”). But DeSantis’s is not an allegation of that kind.

McBride v. Heckler

619 F. Supp. 1554 · District Court, D. New Jersey · Oct 22, 1985

The AU denied plaintiff’s application for benefits on the following grounds: 1) Yvonne failed to qualify as a “child” of the wage earner under 42 U.S.C. § 416 (h)(2)(A) or (B); and 2) Yvonne did not qualify as a “child” under … Clearly, the AU failed in his duty with respect to the development of the decedent’s employment records.

Patricia J. Lee v. Hon. Carol V. Novey Catuogno, Hon. Jane Gallina-Mecca, Evelyn Nissirios, Arthur Andreano, Alan T. Chan, State of New Jersey

District Court, D. New Jersey · Apr 30, 2026

Fifth, the Court agrees that Plaintiff fails to state prima facie ADA and Rehabilitation Act claims against Andreano.5 “To establish a violation of Title II of the ADA, a plaintiff must demonstrate that: (1) he is a qualified … not plead facts sufficient to establish that the Court denied her these benefits because of her disability.

WANG v. NEW JERSEY STATE POLICE

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

Genuine Dispute of Fact as to Qualified Immunity “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Id. at 432.

NORMAN v. CAMDEN COUNTY CORRECTIONAL FACILITY

District Court, D. New Jersey · Aug 13, 2019

of this Opinion, Defendants also request that this Court grant summary judgment on the basis of qualified immunity. … Qualified immunity protects government officials from liability as long as their conduct “‘does not violate clearly established statutory or constitutional rights of which a reasonable

Boyd v. Keesey

118 F. Supp. 436 · District Court, D. New Jersey · Feb 4, 1954

“The county court of each county shall have full authority to hear and determine all controversies respecting wills * * Since a decision in the case at bar will require construction of the will setting up the trust, it clearly … She was qualified by the Morris County Court.

CORCORAN v. CAUWELS

District Court, D. New Jersey · Apr 5, 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

WALKER v. COUNTY OF GLOUCESTER

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

To determine as a matter of law that the Defendants are not entitled to qualified immunity. … The Court disagrees that the record is so clear that the supervisory defendants are, as a matter of law, not entitled to qualified immunity.

National Collegiate Athletic Ass'n v. Christie

926 F. Supp. 2d 551 · District Court, D. New Jersey · Feb 28, 2013

Additionally, New Jersey was the only state qualified to establish sports gambling within the one-year period outlined in § 3704(a)(3). New Jersey chose not to exercise that opportunity. … It is clearly established that the State of New Jersey, as a governmental entity, is not a “person” and therefore is not afforded the protections of the Due Process Clause.

KENNEDY v. THE NEW JERSEY COURT SYSTEM

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

The caselaw clearly establishes that “a claimant will be ‘forever barred’ from recovery against a public employee or entity if she fails ‘to file the claim with the public entity within 90 days of accrual.’” … Aug, 2, 2024), First, the Court must address whether Plaintiff has established that she is a qualified individual with a disability.

FONG v. CITY OF NEWARK

District Court, D. New Jersey · Dec 10, 2024

he is entitled to qualified immunity.5 Defendant Simpkins repeatedly maintains that he acted in an objectively reasonable manner— particularly given the brevity of the encounter between him and Mr. … (Op. at 12 (“The Third Circuit has made clear that where material factual disputes are relevant to determining whether an officer is entitled to qualified immunity, it is improper for courts to grant qualified immunity

Fine v. City of Margate

48 F. Supp. 3d 772 · District Court, D. New Jersey · Sep 26, 2014

The Tort Claims Act places one final restriction on abrogating municipal immunity: Plaintiffs must establish that the action Defendant took to protect against the dangerous condition of the ramp, or Defendant’s failure to … Plaintiffs clearly satisfy the first prong of the Gilhooley test. Both Plaintiffs’ and Defendant’s medical experts have concluded that Mr.

Newark Branch, National Ass'n for the Advancement of Colored People v. Township of West Orange

786 F. Supp. 408 · District Court, D. New Jersey · Feb 14, 1992

Clearly, to the extent there has been a “lengthy dispute” West Orange did nothing to hasten the resolution of the dispute. … Clearly, West Orange has a significant interest in wanting its police and fire fighters to be able to respond quickly to an emergency situation.

Malouf v. Turner

814 F. Supp. 2d 454 · District Court, D. New Jersey · Aug 31, 2011

as an officer of the PHS pursuant to 42 U.S.C. § 233 (a); and all four individual defendants seek summary judgment due to qualified immunity. … [Rule 56] mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’

Thom v. City of South Amboy

236 F. 289 · District Court, D. New Jersey · Sep 27, 1916

clearly hearsay and inadmissible. … The burden of establishing these facts was, I think, on the respondent. Penn. Ry. Co. v. Baltimore & N. Y. Ry. Co. (C. C.) 37 Fed. 129 .

Erdmann v. Board of Education

541 F. Supp. 388 · District Court, D. New Jersey · Jun 3, 1982

Olinkraft, Inc., 556 F.2d 1219, 1221 (5th Cir. 1977) (plaintiff contended that “... her employer had an established policy or practice of promoting to better paying jobs over qualified women, men with less seniority.”), Reed … Twp. of Hopewell noted that a state’s concept of its own sovereign immunity is essentially irrelevant to limitations under § 1983, since whether or not a state waives its sovereign immunity— as New Jersey has by means of

Silvestre v. Bell Atlantic Corp.

973 F. Supp. 475 · District Court, D. New Jersey · Aug 21, 1997

With regard to the second element of his prima facie case, establishing that the plaintiff was qualified, the Court finds that Silvestre has met the threshold of proof required. … Silvestre first argues that he was qualified to remain with BAC and that his performance was satisfactory.

Toscony Provision Co., Inc. v. Block

538 F. Supp. 318 · District Court, D. New Jersey · May 3, 1982

The plaintiffs argued that the Secretary must allege and establish that the termination of services is necessary to insure that unwholesome meat is not introduced to the stream of commerce; the purpose of the *321 Act. … Contrary to constitutional right, power, privilege, or immunity; C. In excess of statutory jurisdiction, authority, or limitations, or short of statutory right; D. Without observance of procedure required by law; E.

Boehringer Ingelheim Animal Health, Inc. v. Schering-Plough Corp.

984 F. Supp. 239 · District Court, D. New Jersey · Oct 6, 1997

Claim 1 clearly denotes “swine infertility and respiratory syndrome virus, ATCC-VR2332” as the virus upon which it focuses its attention. … While loss of goodwill may qualify as irreparable harm, (see Bio-Technology General Corp. v.

Estate of Cills v. Kaftan

105 F. Supp. 2d 391 · District Court, D. New Jersey · Jun 29, 2000

Cills clearly had a particular vulnerability to suicide because of his long-standing mental illness and prior suicide attempts. … It is unknown whether a qualified professional would have reached a similar conclusion.