Case law

In Re Grand Jury Proceedings

503 F. Supp. 9 · District Court, D. New Jersey · Apr 25, 1980

And the privilege is “qualified” by the conditions of the rule. In modern terms, it might be called a “qualified immunity” from liability. … restrictions on the reporting of certain kinds of information for that purpose, 15 U.S.C. § 1681c, regulate the preparation and provide means for correction of “investigative” reports, § 1681d, require reporting agencies to establish

WV Pangborne & Co. v. NJ DOT.

226 N.J. Super. 367 · New Jersey Superior Court Appellate Division · Jul 13, 1988

The Attorney General's Task Force's Comment attached to the Act stated in full This bill waives the State's traditional sovereign immunity from suit in contract. … Clearly, in matters of express contract and contracts implied-in-fact, the State made its liability co-extensive with that of private parties.

Ivan v. County of Middlesex

595 F. Supp. 2d 425 · District Court, D. New Jersey · Jan 21, 2009

A public official’s actions are protected by qualified immunity if he or she can show that the “offending” conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would … Andrews, 895 F.2d at 1479 (denying qualified immunity to city officials for sexual harassment on this ground).

Viscik v. Fowler Equipment Co., Inc.

173 N.J. 1 · Supreme Court of New Jersey · Mar 28, 2002

that (4) the employer sought to, or did fill the position with a similarly-qualified person. … This was a pretext case, not a reasonable accommodation case and the law clearly distinguishes between those theories.

Reilly v. Gillen

176 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Nov 25, 1980

Reports of judicial proceedings are subject to a qualified privilege. … "The qualified privilege affords protection only if there is no ill motive or malice in fact." Swede v. Passaic Daily News, supra at 332.

IANUALE v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jul 29, 2025

had not alleged that the issuance of the press releases violated a clearly established right. … In 2018, when this incident occurred, the right to be free from excessive force was clearly established[.]”).

RAMIREZ v. SWSP CUSTODY OFFICERS

District Court, D. New Jersey · Mar 15, 2023

Qualified Immunity Defendant Powell argues that he is entitled to qualified immunity because “there is no clearly established right for an incarcerated … “[O]fficers are entitled to qualified immunity ... unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established

Calabrese v. Policemen's Benevolent Ass'n, Local No. 76, Inc.

157 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Feb 21, 1978

Furthermore, when a properly qualified physician was improperly excluded from membership in a society for which he was qualified, mandamus was held to be the proper remedy. Falcone v. Middlesex Cty. … However, that right is qualified in numerous respects by our public laws, and it is similarly qualified in respect to its exercise in the course of one’s participation in the activities of private associations.

PINES v. DAVIS

District Court, D. New Jersey · Jul 28, 2020

qualified immunity as to this claim. … Even were this not the case, Defendants would clearly be entitled to qualified immunity based upon the record before the Court.

Meehan v. Board of Excise Commissioners

75 N.J.L. 557 · Supreme Court of New Jersey · Mar 2, 1908

There is here no exclusive privilege, immunity or franchise. … The section is an exercise of the police power of the state, and unless it be clearly arbitrary or violative of the natural or property rights of the citizen it cannot be pronounced unconstitutional because of its discriminations

Loveladies Property Owners Ass'n, Inc. v. Raab

430 F. Supp. 276 · District Court, D. New Jersey · Nov 24, 1975

Where Congress establishes a statutory method for reviewing administrative action, as here, an aggrieved party cannot avoid compliance with the statutory process by bringing a mandamus action. See Wilmot v. … The United States moved to dismiss on the grounds of sovereign immunity, lack of subject matter jurisdiction, and failure to state a claim upon which relief may be granted.

United Jersey Bank v. Wolosoff

196 N.J. Super. 553 · New Jersey Superior Court Appellate Division · Oct 22, 1984

The mere fact that Mulligan is an attorney and served as the bank's in-house counsel is clearly insufficient. … Rather, an in camera inspection by the court is clearly required. Accordingly, the Chancery Division's order is reversed.

Shackil v. Lederle Laboratories

219 N.J. Super. 601 · New Jersey Superior Court Appellate Division · Aug 12, 1987

See e.g., National Swine Flu Immunization Program of 1976, Pub.L. No. 94-380, 90 Stat. 1113 (1976). … However, when a bird was flushed, both defendants fired, even though plaintiff was directly in the line of fire and clearly visible.

State v. Torres

183 N.J. 554 · Supreme Court of New Jersey · Jun 16, 2005

Seddens, 878 S.W.2d 89, 92-93 (Mo.Ct.App.1994) (noting gang expert properly qualified and testimony helpful to jury to establish motive for shooting was gang rivalry); State v. … Vazquez’s testimony concerning the operations and structure of the MS-13 gang was clearly beyond the ken of the average juror.

State v. Lamoreaux

20 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Jun 10, 1952

The expression of immunity in this particular class of cases would seem to give rise to the implication of the exclusion of immunity in all other classes. … An observance of the course pursued by this defendant is of primary significance in its relation to the attitude of the established principles of double jeopardy.

SMITH v. VOORHEES TOWNSHIP

District Court, D. New Jersey · Jun 10, 2019

The doctrine of qualified immunity provides that “government officials performing discretionary functions . . . are shielded from liability for civil damages insofar as their conduct does not violate clearly established … constitutional right” and “the right was clearly established” at the time of the objectionable conduct.

Greenway Development Co. v. Borough of Paramus

163 N.J. 546 · Supreme Court of New Jersey · May 15, 2000

Alternatively, defendants argued that Greenway had failed to establish the requisite elements of a claim for interference with prospective economic advantage. Greenway cross-moved for summary judgment. … Clearly that is what the Legislature intended when it stated that “it is hereby declared to be the public policy of this State that public entities shall only be liable for their negligence within the limitations of this

New Jersey, Department of Environmental Protection & Energy v. Gloucester Environmental Management Services, Inc.

821 F. Supp. 999 · District Court, D. New Jersey · Apr 23, 1993

The Supreme Court of New Jersey has thus noted that the Act intended to re-establish governmental immunity except as liability is otherwise permitted, stating: “The Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, reestablished … The New Jersey Tort Claims Act at N.J.S.A. 59:2-l(b) states that “[ajny liability of a public entity established by this act is subject to any immunity of the public entity.”

State v. South

136 N.J. Super. 402 · New Jersey Superior Court Appellate Division · Oct 14, 1975

expert. [1] *407 We are in accord with the principle that the trial judge must make a finding that the examiner is qualified and the test administered in accordance with established polygraph techniques before the results … Grapel before such stipulation is entered into, in accordance with well-established polygraph techniques. It is further understood by George South and his counsel, Christian J.

SHAIKH v. STATE OF NEW JERSEY - DEPARTMENT OF BANKING & INSURANCE, DIVISION OF INSURANCE

District Court, D. New Jersey · Dec 16, 2024

Like the FAC, the proposed SAC cites a variety of clearly-established constitutional and statutory rights but has not plausibly alleged that the individual State Defendants have violated those rights. … DAG Schaffer of qualified immunity.