Case law

WRIGHT v. COUNTY OF CAMDEN

District Court, D. New Jersey · Dec 11, 2023

to qualified immunity. … The qualified immunity standard “gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law,” neither of which the Court finds here. Hunter v.

National Ass'n for the Advancement of Colored People, Newark Branch v. Town of Harrison

749 F. Supp. 1327 · District Court, D. New Jersey · Nov 5, 1990

However, I do not believe that such experts are needed in the circumstances of this case to establish that there is a marked disparity between the pool of qualified black applicants for municipal jobs in Harrison and the … and 31.8% of the service workers. 6 This establishes conclusively that there are available outside of Harrison and within Harrison’s labor market a pool of Black persons fully qualified to perform the functions of clerk

Farneski v. County of Hunterdon

916 F. Supp. 2d 573 · District Court, D. New Jersey · Jan 9, 2013

Farneski does not clearly state which acts he considers to be retaliation for reporting the grand jury violation. … Defendants have not presented a qualified immunity defense. As qualified immunity is *582 an affirmative defense, the Court will not discuss it here. Eddy v. V.I. Water & Power Auth., 256 F.3d 204, 209 (3d Cir.2001). .

Peters v. Township of Hopewell

534 F. Supp. 1324 · District Court, D. New Jersey · Mar 19, 1982

This conduct clearly was not sanctioned by State law. Nor is it sanctioned by the United States Constitution. … this act and in accordance with the fair and uniform principles established herein”.

United States v. Arnold's Pharmacy, Inc.

116 F. Supp. 310 · District Court, D. New Jersey · Nov 13, 1953

The Motion to Dismiss The statute clearly is intricate. … Carriers are required to make, available for copying, records showing interstate shipments of suspected articles so that Federal jurisdiction can be established * * *.

Toussaint v. Szeto May Ping

District Court, D. New Jersey · May 13, 2022

the privileges or immunities of citizens of the United States.” … “To establish a violation of Title II of the ADA, a plaintiff must demonstrate that: (1) he is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public

Williams v. American Cyanamid

164 F.R.D. 615 · District Court, D. New Jersey · Feb 15, 1996

In March 1992, at the age of ten, Whitney was diagnosed with Acquired Immune Deficiency Syndrome (AIDS), an infectious, blood-borne and fatal disease for which there is no cure. … This Court disagrees with plaintiffs’ assertion that the Magistrate’s order deprives them of the necessary discovery to establish causation.

Sirkin v. Phillips Colleges, Inc.

779 F. Supp. 751 · District Court, D. New Jersey · Nov 20, 1991

It is also well established that Congress enacted ERISA in order to insure “the continued well-being and security of millions of employees” by “establishing standards of conduct, responsibility and obligation for fiduciaries … The court also held as a separate basis for recovery that the plan did not clearly limit the election period to sixty days.

DePinto v. Bayonne Board of Education

514 F. Supp. 2d 633 · District Court, D. New Jersey · Sep 17, 2007

The District Court granted summary judgment for the defendants based on qualified immunity. … immunity because the First Amendment rights of a grade schooler was not "clearly established,” the Seventh Circuit stated that taking into account the age of the student "does not mean that elementary school students are

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

Brown v. United States

75 F. Supp. 2d 345 · District Court, D. New Jersey · Jul 26, 1999

However, we do not reach this question because [he] was clearly not prejudiced by any misstatements made by his attorney. … Career offender status requires two prior qualifying convictions. See note 1, supra.

Harmon v. Holmes

712 F. Supp. 451 · District Court, D. New Jersey · May 2, 1989

In Vickey , the Appellate Division noted that the plaintiff had "failed to establish that defendant[ ]’s issuance of the complaint was actuated by malice.” Vickey , 230 NJ.Super. at 150, 553 A.2d at 39 . … LaHue, 460 U.S. 325, 345-46 (1983) (witness is absolutely immune from § 1983 action for statements in court). 8 .

BROWN v. CITY OF ATLANTIC CITY

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

Qualified Immunity Standard The doctrine of qualified immunity “exempts a police officer, who is sued for a violation of an individual’s constitutional … Indeed, one of the “clearly established” protections afforded by the Fourth Amendment of the U.S.

Brownell v. Schering Corporation

129 F. Supp. 879 · District Court, D. New Jersey · Mar 21, 1955

Clearly these added assets accrued to him as equitable corporate owner. … The correctness of this principle has already been established by the many leading authorities cited supra.

Super Tire Engineering Co. v. McCorkle

412 F. Supp. 192 · District Court, D. New Jersey · Apr 29, 1976

Regulations “Based on the foregoing statement of interpretation and policy, the following regulations are established: “4. … In lieu of such a provision the committee adopted language which clearly states that no person (neither a striker nor a nonstriker) need accept employment or training at a struck plant or site.

TALOTTA, MD v. TROXELL,J.S.C.

District Court, D. New Jersey · Jun 5, 2025

To determine 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 … Since Plaintiff has not established a likelihood of success on the merits, the Court need not consider the remaining three factors.

United States v. Pelullo

961 F. Supp. 736 · District Court, D. New Jersey · Apr 17, 1997

Judge Kelly found that: “The tape recorded conversations introduced by the government clearly establish the existence of a conspiracy between Heine, Pelullo and Pelullo’s father to defeat the government’s forfeiture interest … The grand jury transcript referred to the grant of immunity and a separate “informal letter of immunity.”

Pfizer Inc. v. Teva Pharmaceuticals USA, Inc.

461 F. Supp. 2d 271 · District Court, D. New Jersey · Nov 9, 2006

He applied established economic principles to this data, and explained how it informed his ultimate conclusions. (Id.) Pfizer’s contention that Dr. … There, an opthamologist planned to testify regarding the competitive advantages accruing to pharmacoemulsification machines that incorporated the claimed invention, Occlusion Mode. 2 As is the case here, the doctor was clearly

DEJESUS v. DAVIS

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

Dejesus were able to make out an alleged constitutional violation, the Court finds it likely that Officer Davis would have a defense of qualified immunity. … Pinkston, 2020 WL 4251485, at *S (“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

ALLEN

District Court, D. New Jersey · Aug 12, 2026

Defendants contend that they “are immune from suit under the doctrine of sovereign immunity.” (Defs.’ Second Moving Br. 9.) … Moreover, “[a] public entity may net administer a licensing . .. program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability” or “establish requirements for the