Case law

PRATT v. ANN KLEIN FORENSIC CENTER

District Court, D. New Jersey · Sep 18, 2019

established right.” … App’x 142, 144 (3d Cir. 2006) (“Because there is a genuine issue of fact as to whether [defendant] was deliberately indifferent, he has not carried his burden to establish that he is entitled to qualified immunity.”); Carter

CORDERO v. KELLEY

District Court, D. New Jersey · Apr 20, 2023

Defendants contend they are entitled to qualified immunity because there is no law that clearly established that a prison cannot limit bulk religious mailings sent directly to an inmate through the prison mailroom … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

DAVIS v. BURKE

District Court, D. New Jersey · Mar 7, 2022

“Qualified immunity shields government officials from personal liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … App’x 373, 378-79 (3d Cir. 2004) (“To the extent the Supervisory Defendants fail to address the issue [of whether a right was clearly established], therefore, their claim for qualified immunity fails ipso facto.”).

WAGNER v. CITY OF NEWARK

District Court, D. New Jersey · Feb 27, 2025

Defendant Henry puts forth that qualified immunity shields him from liability as Plaintiff has not pled facts demonstrating he violated a clearly established constitutional right. (D.E. 63-2 at 15.) … clearly established in light of the specific context of the case.”

Morgan v. Union County

268 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Nov 16, 1993

Qualified immunity shields government officials from liability for civil damages when they perform discretionary functions, unless their acts violate clearly established constitutional rights of which a reasonable person … In our view, the presentment was highly relevant respecting the defense of qualified immunity.

BRASHER v. NEW JERSEY STATE PARK POLICE

District Court, D. New Jersey · Jan 30, 2025

Plaintiff also contends the Officer Defendants are not entitled to qualified immunity because their actions violated his clearly established rights. (Id. at 24–28.) … immunity because no facts demonstrate a violation of clearly established law.

Horn v. Price

255 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Apr 9, 1992

doctrine of parental immunity. … Moreover, we are satisfied that all issues of law raised are clearly without merit. R. 2:ll-3(e)(l)(E).

WATERS v. SAEZ

District Court, D. New Jersey · Dec 15, 2020

Henry is also entitled to qualified immunity. See Reichle v. … that was clearly established at the time of the challenged conduct.”).

LEE v. CLARK

District Court, D. New Jersey · Oct 1, 2025

That is not how qualified immunity works. Qualified immunity is determined on a claim-by-claim basis, See Behrens v. … Pa, 2018) (“It would be strange to say that right X is clearly established just because right Y is clearly established and happens to prohibitthe same conduct.”), On this basis alone, reconsideration is improper

KELLEY v. REYES

District Court, D. New Jersey · Oct 1, 2025

That is not how qualified immunity works. Qualified immunity is determined on a claim-by-claim basis, See Behrens v. … Pa, 2018) (“It would be strange to say that right X is clearly established just because right Y is clearly established and happens to prohibitthe same conduct.”), On this basis alone, reconsideration is improper

DEDURO v. THE NEW JERSEY DEPARTMENT OF HEALTH

District Court, D. New Jersey · Sep 18, 2025

A court analyzing a defense of qualified immunity must determine both (1) whether the plaintiff has shown a violation of a constitutional right and, (2) whether the right was “clearly established” at the time of the alleged … However, even if Kane did create such notice, single out-of-circuit case is insufficient to clearly establish a right” for purposes of qualified immunity. Porter v. Pa.

GARCIA v. CITY OF PERTH AMBOY

District Court, D. New Jersey · Sep 4, 2024

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. … In other words, if the official’s conduct violated a clearly established right, qualified immunity does not apply. See id. “[C]ourts are free to address the two elements in whichever order they deem appropriate.”

ESTATE OF FRANCES D. DEROSA v. MURPHY

District Court, D. New Jersey · Jan 21, 2025

. ¶¶ 79, 80, 94.)2 On May 12, 2023, Judge Quraishi granted defendants’ motion to dismiss, finding that because no clearly established right was violated, defendants were entitled to qualified immunity. … “Officials demonstrate they are entitled to qualified immunity only if they can show that a reasonable person in their position at the relevant time could have believed, in light of clearly established law, that their conduct

ZISA v. HAVILAND

District Court, D. New Jersey · Mar 31, 2020

Haviland does not address whether his alleged constitutional harm violated a clearly established right. “[T]he burden of pleading a qualified immunity defense rests with the defendant.” Thomas v. … App’x 373, 378-79 (3d Cir. 2004) (“To the extent the Supervisory Defendants fail to address the issue [of whether a right was clearly established], therefore, their claim for qualified immunity fails ipso facto.”).

KIRBY v. BOROUGH OF WOODCLIFF LAKE

District Court, D. New Jersey · Aug 20, 2024

To overcome qualified immunity Plaintiff must establish “(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.” … Because there are no material facts in dispute that support that Plaintiff’s clearly established rights were violated, Defendants are entitled to qualified immunity.

Kounelis v. Sherrer

529 F. Supp. 2d 503 · District Court, D. New Jersey · Jan 3, 2008

Thus, having found that the alleged facts established the violation of a constitutional right and that the constitutional right was clearly established, the Court denied qualified immunity to Sergeants James and Perez. … established at the time of the alleged violation, the Court has limited its qualified immunity analysis to Kounelis's excessive force claim. 12 .

BERK v. HOLLINGSWORTH

District Court, D. New Jersey · Nov 23, 2020

Because Plaintiff has not stated a claim of a violation of his federal rights, Defendants are also entitled to qualified immunity. See Reichle v. … was clearly established at the time of the challenged conduct.”).

YAH 'TORAH v. EMRICH

District Court, D. New Jersey · Sep 28, 2022

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … There is a two-step inquiry into whether qualified immunity applies: (1) whether the official’s conduct violated a constitutional or federal right; and (2) whether the right at issue was clearly established.

Ramos v. Flowers

429 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Sep 21, 2012

In other words, “[qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” … established in 2006 for qualified-immunity purposes.

Eric Morillo v. Monmouth County Sheriff's

222 N.J. 104 · Supreme Court of New Jersey · Jul 13, 2015

Qualified immunity shields officials performing discretionary functions from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Ed. 2d at 866- 67 (reiterating that qualified immunity protects public officials from suit for violations of clearly established statutory or constitutional rights unless action was plainly incompetent or knowing violation