Case law

Bocchino v. City of Atlantic City

179 F. Supp. 3d 387 · District Court, D. New Jersey · Mar 31, 2016

are entitled to qualified immunity. … in question was clearly established.”

Ryan v. Burlington County

674 F. Supp. 464 · District Court, D. New Jersey · Nov 9, 1987

This issue of qualified immunity is an issue for the court. … With specific reference to qualified immunity, the court must determine the objective legal reasonableness of the defendants’ actions assessed in light of the legal rules that were clearly established at the time these actions

United States v. Sensient Colors, Inc.

649 F. Supp. 2d 309 · District Court, D. New Jersey · Jul 22, 2009

Sensient contends that “regardless of the outcome of the qualified immunity analysis — Rosoff must be deposed ...” 16 (Sensient Br. 8.) … A determination of qualified immunity, of course, is an entirely different situation.

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.

Velius v. Township of Hamilton

754 F. Supp. 2d 689 · District Court, D. New Jersey · Dec 7, 2010

immunity. … Evanson, 615 F.3d 197, 224 (3d Cir.2010) (qualified immunity analysis asks “ ‘whether the right was clearly established ... in light of the specific context of the case.... ’ A right is clearly established if ‘it would be

Stanziale v. County of Monmouth

884 F. Supp. 140 · District Court, D. New Jersey · Apr 19, 1995

The court must, however, address Jargowsky’s claim of qualified immunity as it relates to the individual-capacity claims. The modern doctrine of qualified immunity was established in Harlow v. … For immunity to attach, the right allegedly violated must have been clearly established at the time the challenged activity took place. Anderson v.

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.

Ramirez v. United States

998 F. Supp. 425 · District Court, D. New Jersey · Mar 16, 1998

Fitzgerald, 457 U.S. 800, 817 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (qualified immunity applies when “conduct does not violate clearly established ... rights of which a reasonable person would have known”). … -allegations state- a claim for violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before commencement of discovery.” Mitchell v.

Chatman v. Hall

128 N.J. 394 · Supreme Court of New Jersey · Jun 29, 1992

The use of the words “any immunity of the public employee provided by law ” was clearly calculated. … Its primary function is to confer immunity, not to establish liability.

Kaul v. Christie

372 F. Supp. 3d 206 · District Court, D. New Jersey · Feb 25, 2019

Qualified Immunity The Governor, Chiesa, Dr. Lomazow and Roeder argue that they enjoy qualified immunity. … To overcome qualified immunity, a plaintiff must plead facts "showing (1) that the official violated a statutory or constitutional right, and (2) that the right was 'clearly established' at the time of the challenged conduct

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

Simmerman v. Corino

804 F. Supp. 644 · District Court, D. New Jersey · Oct 23, 1992

Absolute Immunity Plaintiffs’ counsel appears oblivious to the well-established doctrine of absolute prosecutorial immunity. In Imbler v. … Qualified immunity shields government officials performing discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Burke v. Deiner

97 N.J. 465 · Supreme Court of New Jersey · Aug 2, 1984

, however, our cases make plain that qualified immunity represents the norm. … In part II of this opinion, infra at 475-478, we shall discuss the reach of this qualified immunity.

Thomas v. Ferguson

361 F. Supp. 2d 435 · District Court, D. New Jersey · Dec 2, 2004

Malicious and sadistic use of force is always in violation of clearly established law, so qualified immunity affords no protections to defendants in Eighth Amendment excessive force cases. Skrtich v. … to cause harm is clearly established to be a violation of the Constitution”); Johnson v.

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.

Malignaggi v. County of Gloucester

855 F. Supp. 74 · District Court, D. New Jersey · Jun 24, 1994

The court must then determine whether the officer’s conduct was objectively reasonable given the legal rules clearly established at the time. Anderson, 483 U.S. at 639 , 107 S.Ct. at 3038 . … Only when the contours of a right are sufficiently clear so that a reasonable officer would understand that his conduct violates that right will a right be considered clearly established.

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.

Hickson v. Marina Associates

743 F. Supp. 2d 362 · District Court, D. New Jersey · Sep 27, 2010

“Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the plaintiff bears the initial burden of showing that the defendant’s conduct violated some clearly established statutory or constitutional … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. 9 *370 At the outset, the Court looks to determine whether the State defendants’ actions violated a clearly