Case law

B.F. & K.L.F. v. Division of Youth & Family Services

296 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Jan 15, 1997

The DYFS employees and the deputy attorneys general contend they are entitled to qualified immunity as a matter of law because they did not violate a clearly established federal statutory or constitutional right. … If the law was clearly established, the immunity defense would ordinarily fail. Id. at 818-19 , 102 S.Ct. at 2738, 73 L.Ed.2d at 411 . [ Id at 180-81, 536 A.2d 229 .]

Hart v. City of Jersey City

308 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Feb 25, 1998

The trial judge was correct to conclude that plaintiff had made no prima facie showing that a clearly established right was impinged. … It is clear also that the issue of qualified immunity was a fit subject for disposition in the pre-trial phase of the suit.

Hayes v. Mercer County

217 N.J. Super. 614 · New Jersey Superior Court Appellate Division · May 21, 1987

In our discussion of the federal qualified immunity, we stated why the investigator acted in good faith here. … Plaintiffs' remaining points are clearly without merit. R. 2:11-3(e)(1)(E). Affirmed.

Bernstein v. State

411 N.J. Super. 316 · New Jersey Superior Court Appellate Division · Jan 11, 2010

[,]" and if so, "whether the right was clearly established." … In determining whether a right has been clearly established, its contours must be sufficiently clear so that a "reasonably competent officer" would have understood that he was violating a clearly established right.

Seal Tite Corp. v. Bressi

312 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jun 19, 1998

could be afforded on the basis of qualified, rather than absolute, privilege or immunity. … The individual defendants are entitled at least to the protection of qualified immunity, even if the absolute immunity afforded for legislative acts is deemed inapplicable.

Delbridge v. Schaeffer

238 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Jan 23, 1989

It held, therefore, that a public official is immune from liability unless he or she violates a clearly established law of which a reasonable person would have known. 457 U.S. at 817-818 , 102 S.Ct. at 2737-38 . … As articulated by the Court, the principles of qualified immunity permit an FBI agent "to argue that he is entitled to summary judgment on the ground that, in light of the clearly established principles governing warrantless

Wildoner v. Borough of Ramsey

316 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Dec 8, 1998

Neither side contends the law regarding probable cause to arrest plaintiff was not clearly established. … Under these circumstances, it was error to decide the issue of qualified immunity as a matter of law.

Gurski v. State Police Dept.

242 N.J. Super. 148 · New Jersey Superior Court Appellate Division · Jun 4, 1990

action is a violation) violates a clearly established right. … Plaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights.

JONATHAN CRUZ VS. THE CAMDEN COUNTY POLICE DEPARTMENT (L-3570-17, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 11, 2021

Dougherty Also Has Qualified Immunity "The affirmative defense of qualified immunity protects government officials from personal liability for discretionary actions taken in the course of their public responsibilities … "[Q]ualified immunity is applicable unless the official's conduct violated a clearly established constitutional right." Lapolla v. Cnty. of Union, 449 N.J. Super. 288, 304 (App. Div. 2017) (quoting Ramos v.

Anastasio v. Planning Board of West Orange

197 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Sep 10, 1984

Since the trial court at the motion to dismiss the complaint had held that the affirmative defense of qualified immunity was available, the next issue to confront the court is the one dealing with qualified immunity. … It then became the task of the Supreme Court to set guidelines for defining the scope of qualified immunity. The guidelines for the scope of qualified immunity were established in the case of Wood v.

Saldana v. DiMedio

275 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Aug 18, 1994

Id. at 414, 608 A. 2d 263 ; see also N.J.S.A. 59:3-2(d) (providing qualified immunity for discretionary decision-making). … If, however, the qualified immunity for discretionary decision making does not apply, plaintiffs only need satisfy the standards of ordinary negligence.

KRISTINA MOFFATT VS. PARSIPPANY TROY HILLS BOARD OF EDUCATION (L-2437-14, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 16, 2018

Immunity applies when snow or ice is the alleged cause of the accident. … Super. at 269 ("In the absence of a clearly established landlord-tenant relationship, our courts have previously rejected attempts by slip and fall plaintiffs to classify a particular public entity as akin to a commercial

Leang v. Jersey City Bd. of Educ.

399 N.J. Super. 329 · New Jersey Superior Court Appellate Division · Apr 2, 2008

She reiterated her conclusion that they were entitled to a qualified immunity as state actors. … Thus, the motion judge erred in granting the JCMC a qualified immunity under N.J.S.A. 30:4-27.7 and the summary judgment as to the JCMC on the ground of a qualified immunity is reversed. IX.

Anastasio v. WEST ORANGE TP. PLAN. BD.

197 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Sep 10, 1984

Since the trial court at the motion to dismiss the complaint had held that the affirmative defense of qualified immunity was available, the next issue to confront the court is the one dealing with qualified immunity. … It then became the task of the Supreme Court to set guidelines for defining the scope of qualified immunity. The guidelines for the scope of qualified immunity were established in the case of Wood v.

Sculler v. Sculler

348 N.J. Super. 374 · New Jersey Superior Court Appellate Division · Jul 9, 2001

will not qualify as an asset eligible for distribution. … To the extent that such property is attributable to the expenditure *1150 of effort by either spouse, it clearly qualifies for distribution". Id.

S.P. v. Newark Police Department

428 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Sep 27, 2012

. 2C:25-21, and whether the officers acted in good faith to afford them qualified immunity under the PDVA, N.J.S.A. 2C:25~22. … Based on this determination, we need not reach the City’s defense of qualified immunity under the PDVA. I.

Spinks v. Township of Clinton

402 N.J. Super. 465 · New Jersey Superior Court Appellate Division · Sep 11, 2008

his defense of qualified immunity. … And he acknowledged the Court's two-part test for qualified immunity: 1) the officer violated a constitutional right of a plaintiff, and 2) that right was "clearly established." Saucier v.

Berry v. Craftsman

148 N.J. Super. 366 · New Jersey Superior Court Appellate Division · Mar 17, 1977

The intent of this statute is clearly to establish immunity for all governmental bodies except in conformity with the statute, N. J. S. A. 59 :1-2. English v. Newark Housing Auth., 138 N. J. Super. 425, 428 (App. … A. 59 :1-2 clearly dictates that defendant may not be held liable.

Leopardi v. Township of Maple Shade

363 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Oct 14, 2003

Potentially liable parties, however, are entitled to qualified immunity if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Qualified immunity claims involve a two-step analysis.

Schneider v. Simonini

314 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Sep 4, 1998

The trial judge dismissed the case against Post based on qualified immunity. … The test is whether the conduct involved was objectively reasonable in the light of clearly established law. Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 , 73 L.Ed.2d at 410 .