Case law

John M. Gately and Patty Sue Gately v. Hamilton

442 N.J. Super. 542 · New Jersey Superior Court Appellate Division · Oct 22, 2015

The father and his current wife, as co-plaintiffs, argue that the trial court erred by instructing the jury that defendants' conduct is subject to protection under qualified statutory immunities … immunity.

Denise Brown v. State of New Jersey and John Steet

442 N.J. Super. 406 · New Jersey Superior Court Appellate Division · Sep 11, 2015

Finally, we consider whether Detective Steet is entitled to qualified immunity under the Civil Rights Act. The Court has recently addressed the qualified immunity of police officers in Morillo v. … "Second, the court must determine 'whether the right was clearly established.'" Ibid.

Michael C. Kain v. Gloucester City

436 N.J. Super. 466 · New Jersey Superior Court Appellate Division · Jul 21, 2014

The public entity bears the burden of proof for establishing immunity. Bligen v. Jersey City Hous. Auth., 131 N.J. 124, 128 (1993). … The proof is, therefore, insufficient to establish a level of wrongful conduct that would deprive Gloucester Sail and Reed of the immunity.

Kass v. Great Coastal Exp., Inc.

291 N.J. Super. 10 · New Jersey Superior Court Appellate Division · May 31, 1996

A plaintiff, however, may overcome the qualified privilege by proving that the immunized defendant abused its privilege. *20 The Supreme Court addressed abuse of the qualified privilege in Coleman v. … The judge failed to direct any interrogatory to the jury referencing the other three bases to defeat the qualified immunity privilege.

State of New Jersey v. R.C.

New Jersey Superior Court Appellate Division · Dec 29, 2025

In these circumstances, the trial court was not clearly mistaken in finding that defendant might reoffend. Johnson, 118 N.J. at 15; Jabbour, 118 N.J. at 6. … Div. 2008) ("[W]e question whether a confession qualifies as 'cooperation' within the intent of [N.J.S.A. 2C:44-1(b)(12)], at least in the absence of any indication the confession identified other perpetrators or assisted

Murray v. Plainfield Rescue Squad

418 N.J. Super. 574 · New Jersey Superior Court Appellate Division · Mar 30, 2011

In seeking the meaning and sense of the qualifying term “good faith,” we consider it reasonable to look to the interpretation of that term as it is used in describing the qualified immunity of public employees under N.J.S.A … Thus, “[t]o pierce section 3-3’s qualified immunity, a plaintiff must prove more than ordinary negligence.” Ibid.

Mountain Lakes Bd. of Education v. Maas

56 N.J. Super. 245 · New Jersey Superior Court Appellate Division · Jun 22, 1959

He was preeminently qualified in his field, and the court properly permitted him to testify. … Defendant's acts were clearly in direct conflict with prevention, with *273 which immunization is so intimately related.

Pt v. Richard Hall Mental Health Care Center

364 N.J. Super. 561 · New Jersey Superior Court Appellate Division · Jun 3, 2002

statutory privilege based upon DYFS reporting requirements, discretionary activity immunity afforded these defendants by the New Jersey Tort Claims Act, and a qualified immunity or an absolute immunity which protects expressions … Defendants next rely upon three other kinds of immunities which we need address only briefly, namely, the discretionary *451 activity immunity provided by the New Jersey Tort Claims Act, the doctrine of qualified immunity

Cashen v. Spann

125 N.J. Super. 386 · New Jersey Superior Court Appellate Division · Nov 2, 1973

The immunity of law enforcement officers from false arrest liability is a qualified one, in the nature of an affirmative defense. Immunity is available only if the officer acted in good faith with probable cause. … to overcome a qualified privilege.

Diodato v. Camden County Park Commission

162 N.J. Super. 275 · New Jersey Superior Court Appellate Division · Aug 11, 1978

[Emphasis supplied] Clearly this section extends immunity to the Park Commission from plaintiff's allegation that his injury was proximately caused by that defendant's failure to enforce (by way of signs, literature police … Under plaintiff's analysis of the facts it argues that Diodato qualified under either test.

Corleto v. Shore Memorial Hospital

138 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Dec 9, 1975

McCracken, albeit that plaintiffs would obviously have to establish wrongdoing on the part of that doctor in order to prevail against the other defendants. … . *311 Certainly an immunity would not be lightly granted.

Maudsley v. State

357 N.J. Super. 560 · New Jersey Superior Court Appellate Division · Feb 27, 2003

. *203 On balance, therefore, there is this issue of qualified immunity. … The judge's legal conclusion of law that no qualified immunity existed also merits our acceptance.

Faul v. DENNIS

118 N.J. Super. 338 · New Jersey Superior Court Appellate Division · Jan 28, 1972

A case which is somewhat analogous to the issue and upon which plaintiff places much reliance is Jackson, supra, which held that the qualified immunity of a municipality is an affirmative defense. … There is no logical basis to find that the nature of the immunity is something other than that established in Reingold merely because the doctrine has been abrogated.

Timber Properties, Inc. v. Chester Tp.

205 N.J. Super. 273 · New Jersey Superior Court Appellate Division · Mar 2, 1984

However, certain defendants enjoy qualified or absolute immunity from liability for damages under § 1983. See Owen v. City of Independence, 445 U.S. 622, 637-638 , 100 S.Ct. 1398 , 63 L.Ed. 2d 673 (1980). … This liability is qualified by N.J.S.A. 59:3-1(b), which states that "[t]he liability of a public employee established by this act is subject to any immunity of a public employee provided by law."

Rupp v. Brookdale Baptist Church

242 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Jul 12, 1990

It is a not-for-profit organization, established exclusively for religious, charitable and educational purposes. … A qualifying organization does not lose its statutory immunity merely because it charges money for its services. See, e.g., Schultz v. Roman Catholic Archdiocese, supra ; Gray v. St. Cecilia's School, supra .

TP. OF HOLMDEL v. NJ Highway Auth.

388 N.J. Super. 36 · New Jersey Superior Court Appellate Division · Sep 5, 2006

Accordingly, the Amphitheater Facilities ceased to qualify for tax exemption commencing in tax year 1997. . . . . … asserted immunity. [ Twp. of Holmdel v.

Delbridge v. Off. of Pub. Def.

238 N.J. Super. 288 · New Jersey Superior Court Appellate Division · Jan 23, 1989

Public defenders enjoy only qualified immunity. Polk Cty. v. Dodson, supra, 454 U.S. at 325 , 102 S.Ct. at 453 , 70 L.Ed.2d 521 . … This court finds that there is qualified immunity except for conspiracy or intentional misconduct or legal malpractice.

Endress v. Brookdale Community College

144 N.J. Super. 109 · New Jersey Superior Court Appellate Division · Aug 27, 1976

This is so because of their right to interpose a qualified immunity from damages. … The record establishes that the trustees were clearly aware of the editorial and the resulting furor.

Danny Caicedo v. Fabian Caicedo

439 N.J. Super. 615 · New Jersey Superior Court Appellate Division · Mar 17, 2015

"The public entity bears the burden of proof for establishing immunity. … immunize."

Scholz v. Scholz

177 N.J. Super. 647 · New Jersey Superior Court Appellate Division · Dec 2, 1980

Tevis is clearly applicable to the allegation of assault and battery alleged and the court will grant plaintiff's motion. … Although Tevis recognized the abrogation of the doctrine of interspousal immunity, it made mention of exceptions to which the immunity may still apply.