Case law

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. Pemberthy

224 N.J. Super. 280 · New Jersey Superior Court Appellate Division · Apr 5, 1988

Here, the affidavit amply established the unlikely success of alternate investigative techniques. Santora merely establishes that reference to a prior wiretap alone is insufficient. … Reasonableness was clearly demonstrated. Moreover a solely objective, post-hoc approach was not used.

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.

BRADY v. TOWNSHIP OF WOODBRIDGE

District Court, D. New Jersey · Jan 12, 2022

(See Opinion at 12 (declining to “grant qualified immunity to the individual officers on the pleadings while material fact issues remain to be resolved”).) … “These allegations, if proven, could show that Defendants violated Plaintiff’s clearly established rights, without probable cause and without a reasonable belief in the existence of probable cause.” (Id.

Morgan v. Civil Service Commission

131 N.J.L. 410 · Supreme Court of New Jersey · Apr 14, 1944

The" protection accorded to citizens of the United States by the “privileges and immunities” clause has reference merely to those rights and privileges which, under the constitution and laws of the United States, are incident … Individual liberty of conscience, of speech and of press, maj’ not be indirectly qualified by political incapacitations.

MILLS v. GOLDEN NUGGET ATLANTIC CITY, LLC

District Court, D. New Jersey · Aug 18, 2021

Qualified Immunity The doctrine of qualified immunity shields government officials from monetary damages when their conduct does not violate clearly … He is not entitled to qualified immunity.

NEAL v. POWELL

District Court, D. New Jersey · Jun 22, 2023

“The doctrine of qualified immunity shields government officials who perform discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … As there is no clear case which clearly establishes the right in question here, this Court must grant Defendant Woolson qualified immunity as to the use of OC spray and enter judgment in his favor as to that issue only.

In Re Gun Permits of Preis

118 N.J. 564 · Supreme Court of New Jersey · May 8, 1990

One whose life is in real danger, as evidenced by serious threats or earlier attacks, may perhaps qualify within the latter category but one whose concern is with the safety of his property, protectible by other means, clearly … may not so qualify. [7d at 557, 284 A.2d 533 .]

Pasqua v. Council

186 N.J. 127 · Supreme Court of New Jersey · Mar 8, 2006

It is the purpose of the child support hearing to establish that very point. … Those who draft and promulgate such rules, or omit to do so, are protected by legislative immunity.

State v. Hudson

209 N.J. 513 · Supreme Court of New Jersey · Feb 6, 2012

The construction given to the qualifying “so far as possible” language does not render the qualifier superfluous. … Thus, the qualifying wording has substance and applicability without giving the qualifier so broad a sweep that the clear and plainly included proscription is reduced to a mere preference to be considered in unguided fashion

State v. Board of Health

49 N.J.L. 349 · Supreme Court of New Jersey · Feb 15, 1887

In these circumstances, what proof is required to establish a title to office acquired by such an appointment ? … But whatever was understood as to the mayor’s intentions, the fact is clearly made out that when Clarke’s nomination was made, the mayor was not absent from Trenton, nor in any way disqualified from performing the duties

New Jersey Apartment Ass'n v. Director

304 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Sep 29, 1997

The formula established by L. 1977, c. 81 set the tenants’ rebate share at sixty-five percent of the property tax reduction. … “Base year” means, for qualified real rental property rented or leased or offered for rent or lease on the effective date of this act, the calendar year prior to the year in which this act takes effect, and for qualified

R.F. v. Abbott Laboratories

162 N.J. 596 · Supreme Court of New Jersey · Feb 29, 2000

Heller, Zuck, and Meyer, clearly indicated that Dr. … The supplement shall clearly identify the change being made and include necessary supporting data.

Hills of Troy Neighborhood Assoc. v. Parsippany

392 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Oct 28, 2005

Clearly these principles as articulated in Thornton and Washington Twp., coupled with Parsippany's own ordinance, encompass a communication tower owned by the Municipality for its police use. … These principles which are applicable to the immunity afforded to a *1175 governmental authority superior to a municipality are, a fortiori, equally applicable to a municipality's immunity and consideration of its citizens

Newark Housing Authority v. Ricciardi

176 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Oct 8, 1980

There can be no question but that the effect of N.J.S.A. 20:3-38 and N.J.S.A. 40:55-21.10 is to qualify N.J.S.A. 20:3-30 by providing in respect of blighted area takings, alternative valuation dates, that is, either the date … Clearly, the effect of the declaration is not the taking of land but only the raising of the economically dislocating specter of a possible taking at some undetermined indefinite future time.

Hunter v. Supreme Court of New Jersey

951 F. Supp. 1161 · District Court, D. New Jersey · Aug 27, 1996

The ACJC is a court committee established by court rule. Rule 2:15-1. … Absolute Judicial Immunity Defendants also argue that plaintiffs claims are barred by the doctrine of absolute judicial immunity. The doctrine of judicial immunity is well-established.

State of New Jersey v. A.L.

440 N.J. Super. 400 · New Jersey Superior Court Appellate Division · May 18, 2015

It is well established that "a party aggrieved by a judgment may appeal therefrom. … That is the procedure clearly required by Rule 2:9-1(a).

SANDERS v. JERSEY CITY

District Court, D. New Jersey · Apr 23, 2021

A qualified-immunity defense fails if (1) “the officer violated a constitutional right,” and (2) “the right was clearly established.” El v. … Clearly Established The officers may still enjoy qualified immunity on the second, “clearly- established” prong.

BELSKIS v. ORTIZ<font color="red">DO NOT FILE IN THIS CASE</font>

District Court, D. New Jersey · Apr 27, 2022

Qualified immunity protects officials who violate a plaintiff's federally protected right, so long as the right was not clearly established by law. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … purposes of qualified immunity.’”