Case law

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 .

Lloyd v. Stone Harbor

179 N.J. Super. 496 · New Jersey Superior Court Appellate Division · Apr 1, 1981

In the present case the individual defendants are not protected by the defense of qualified immunity. … As noted, under Monell and Owen, supra, municipalities have no immunity in suits commenced under the federal Civil Rights Act; individuals have qualified immunity.

N.E., as Legal Guardian for Infant J v. v. State of

449 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Apr 4, 2017

Objective reasonableness will be established if the actor's conduct did not violate a clearly established constitutional or statutory right. Gormley v. … A defendant who cannot establish that his or her conduct was objectively reasonable may still invoke qualified immunity if his or her actions were carried out in good faith.

Magro v. City of Vineland

148 N.J. Super. 34 · New Jersey Superior Court Appellate Division · Mar 9, 1977

The undisputed facts establish that the nature of the lands herein as rural, undeveloped and unimproved, and the use thereof by plaintiff for swimming qualify to bring into play the immunity granted by the statute, as construed … The statute grants immunity to a landowner under the facts herein — an immunity equally available to a public entity and a private individual or corporation. Affirmed.

Pollinger v. Loigman

256 N.J. Super. 257 · New Jersey Superior Court Appellate Division · Apr 29, 1992

Deiner, 97 N.J. 465 [ 479 A. 2d 393 ] (1984) (concluding that immunity varies in proportion to nature of official functions and range of decision-making discretion, and according qualified privilege to commissioners of municipal … While it may appear anomalous here for Pollinger to have absolute immunity, while a police officer issuing a report in a criminal investigation will be given only qualified immunity, as noted earlier, Pollinger's report was

Carey v. Davison

181 N.J. Super. 283 · New Jersey Superior Court Appellate Division · Oct 13, 1981

action appears to have been established. … While the decision in Gross clearly laid out the situations in which immunity would still apply, the decision does not recognize a cause of action for negligent supervision.

Casamasino v. City of Jersey City

304 N.J. Super. 226 · New Jersey Superior Court Appellate Division · Sep 2, 1997

tax assessor was not so apparent as to deprive him of the qualified immunity. … In so ruling, we are mindful that the availability of qualified immunity generally, when possible, should be decided on summary judgment. See Kirk v.

Blunt v. Klapproth

309 N.J. Super. 493 · New Jersey Superior Court Appellate Division · Mar 3, 1998

under the Act clearly is applicable. … Plaintiffs claim that a special *508 relationship between the police and himself is irrelevant as immunity is clearly established.

Canova v. Canova

146 N.J. Super. 58 · New Jersey Superior Court Appellate Division · Dec 15, 1976

The burden of establishing such immunity as to any particular asset will rest upon the spouse who asserts it. … Plaintiff clearly made a gift. By this gift, then, was the property that was formerly his separate property still immunized from equitable distribution?

Brook v. April

294 N.J. Super. 90 · New Jersey Superior Court Appellate Division · Sep 30, 1996

The judge reasoned that, if the municipal defendants were immune under the Tort Claims Act, defendants in this suit could not be liable for omitting to file the notice required to qualify plaintiff as a claimant under that … The same conclusion governs the relationship between causes of action conferred by the Workers' Compensation Law and the categorical immunities established in the Tort Claims Act.

Bieker v. Community House of Moorestown

327 N.J. Super. 467 · New Jersey Superior Court Appellate Division · Jan 25, 2000

entities which engage in activities that clearly are not charitable or educational, such as corporate meetings and workshops, weddings, baby showers and birthday parties. … Because charitable immunity is limited to non-profit entities that are organized “exclusively” for religious, charitable or educational purposes, the use of Community House’s facilities for non-qualifying purposes precludes

Jiosi v. Township of Nutley

332 N.J. Super. 169 · New Jersey Superior Court Appellate Division · Jun 20, 2000

As to the officers' claims of qualified immunity, such a defense must be analyzed in terms of whether clearly established law was violated and whether a reasonable person in the officers' position would have known that clearly … Allowing for the possibility that defendants Beard and Iannicelli violated clearly established law, an issue we believe that must be informed by a proper factual record, in order to avail themselves of qualified immunity

Centennial Land & Development Co. v. Township of Medford

165 N.J. Super. 220 · New Jersey Superior Court Appellate Division · Jan 3, 1979

Neb. 1976) (planning commissioners granted qualified immunity for *234 denial of variance); 2 David v. Nuss, 432 F. Supp. 44 (S. D. Tex. 1977) (Civil Service Board members granted qualified immunity) with Condosia v. … This court is of the view that the qualified immunity formula established in Wood v. Strickland would not sufficiently guard the policy sought to be protected here.

Mesgleski v. Oraboni

330 N.J. Super. 10 · New Jersey Superior Court Appellate Division · Apr 3, 2000

The legislative goal of the Act is "to re-establish immunity for all governmental bodies within its definition of `public entity.' … The Supreme Court set forth the defense of qualified (or good-faith) immunity and its purpose as follows: ...

Anastasio v. Planning Bd. of Tp. of West Orange

209 N.J. Super. 499 · New Jersey Superior Court Appellate Division · Apr 17, 1986

a clearly established constitutional right of plaintiff. … When a public official has a qualified immunity he is not liable for damages from conduct which does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Centennial Land & Dev. Co. v. Tp. of Medford

165 N.J. Super. 220 · New Jersey Superior Court Appellate Division · Jan 3, 1979

Neb. 1976) (planning commissioners granted qualified immunity for *234 denial of variance); [2] David v. Nuss, 432 F. Supp. 44 (S.D. Tex. 1977) (Civil Service Board members granted qualified immunity) with Condosta v. … This court is of the view that the qualified immunity formula established in Wood v. Strickland would not sufficiently guard the policy sought to be protected here.

Burke v. Deiner

190 N.J. Super. 382 · New Jersey Superior Court Appellate Division · Jul 11, 1983

Winne, 14 N.J. 119, 125-126 (1953). *390 The trial judge had to identify and apply three qualified privileges and immunities that protect the commissioners and accountants from liability even though their statements are legally … We reject the commissioners' claim of absolute immunity. C. The third qualified privilege or immunity to be identified pertains to the accountants' audit.

Woodsum v. Pemberton Tp.

172 N.J. Super. 489 · New Jersey Superior Court Appellate Division · Jan 29, 1980

In order to establish their liability under the qualified immunity test, plaintiffs must show that the plan, design and construction of the water plant were undertaken with the malicious intention to deprive them of their … constitutional rights or must establish that the municipal entities knew or reasonably should have known that their act in constructing the water plant would violate clearly established constitutional rights of plaintiffs

Carollo v. Supermarkets General

251 N.J. Super. 264 · New Jersey Superior Court Appellate Division · Oct 23, 1991

Defendant's successful motion for summary judgment relied primarily on the qualified immunity provided by N.J.S.A. 2C:20-11e. … We conclude therefore that the statute does not afford qualified immunity from a malicious prosecution action instituted by the merchant.

General Motors v. City of Linden

279 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Feb 3, 1995

Therefore, defendants have not established the firmly recognized immunity at common law required to support a claim of absolute immunity from suit under the Federal Civil Rights Act. … of qualified immunity.