Case law

Cinaglia v. Levin

258 F. Supp. 2d 390 · District Court, D. New Jersey · Apr 11, 2003

An individual is immune if his or her conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. at 399 . … Therefore, Defendants are entitled to qualified immunity from liability for suits brought under § 1983. IV.

CN Ex Rel. JN v. Ridgewood Bd. of Educ.

319 F. Supp. 2d 483 · District Court, D. New Jersey · Jun 3, 2004

were violating any of Plaintiffs’ clearly established constitutional rights. … Qualified immunity shields state officials performing discretionary functions from suit for damages in their individual capacity if “their conduct does not violate clearly established statutory or constitutional rights of

Hawkins v. Harris

141 N.J. 207 · Supreme Court of New Jersey · Jul 27, 1995

Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction, as [the] Court recognized when it adopted the doctrine … The investigator would be protected by a qualified privilege. Even a qualified privilege is difficult to overcome in order to establish defamation liability.

Tice v. Cramer

133 N.J. 347 · Supreme Court of New Jersey · Jul 28, 1993

The liability of the public entity must be found in the Act, and where found, is subject to any immunity found in the Act and further subject to any immunity previously established by common law. Manna v. … Unlike the New Jersey Act, the California Tort Claims Act qualifies the general immunities afforded a public entity and a public employee by giving the immunities effect “[e]xcept as otherwise provided by statute.” Cal.

Rubin v. Glaser

166 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Feb 1, 1979

Clearly, under this provision appellants, as residents of Pennsylvania whose New Jersey home is used only for a few weeks of each year for vacation purposes, do not qualify for the rebate. They do not contend otherwise. … This purpose was clearly evidenced by use of the term "homestead," a word particularly associated with an owner's principal residence.

Simmons v. Loose

418 N.J. Super. 206 · New Jersey Superior Court Appellate Division · Jan 31, 2011

Government officials are entitled to qualified immunity from liability for civil damages under Section 1983 "`insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In analyzing a qualified immunity claim, courts consider whether the law enforcement officer's conduct violated a constitutional right and whether the right was clearly established. Saucier v.

Shell Oil Co. v. Bd. of Adjustment of Hanover Tp.

38 N.J. 403 · Supreme Court of New Jersey · Nov 5, 1962

A consideration of the opinions treating of this subject evokes the conclusion that the test to be applied to a land use in order to ascertain whether it qualifies for an immunity from local zoning regulations is whether … A. 40:8-2), and the other portions of the statute italicized above, clearly demonstrate that the immunity granted is so limited.

F.A. v. W.J.F.

280 N.J. Super. 570 · New Jersey Superior Court Appellate Division · Apr 7, 1995

To qualify for federal aid, states must provide for the reporting of child abuse and furnish immunity to the reporters. Id. at 790, 794; 42 U.S.C.A. § 5103 . … Some jurisdictions provide a qualified immunity to reporters of suspected child abuse.

DeVivo v. Ascher

228 N.J. Super. 453 · New Jersey Superior Court Appellate Division · Oct 25, 1988

In explaining the distinction between absolute privilege and qualified privilege, our Supreme Court stated in Rainier's Dairies v. … Trow, 105 N.J. at 338 , that a qualified privilege may be lost "unless the information is provided to one with a `corresponding interest' in the information."

Hill v. Algor

85 F. Supp. 2d 391 · District Court, D. New Jersey · Jan 18, 2000

Finally, there is no meaningful dispute regarding Kwap’s entitlement to qualified immunity. The right to be free from an unprovoked beating while in police custody is clearly established. See e.g., Thompson v. … Both Makuka and Kwap also assert qualified immunity defenses. A person’s right "not to suffer deliberate indifference to serious medical needs" while in police custody, however, is clearly established. Estelle v.

NABELSI v. HOLMDEL TOWNSHIP

District Court, D. New Jersey · Nov 30, 2021

Pa. 1982) (“The law is clearly established that law enforcement officers who effect an arrest pursuant to a facially valid arrest warrant are immune from suit alleging a constitutional.”), and I DISMISS Count I … As such, even if Southwest did not hire Nabelsi because of the arrest record, it is far from certain whether that would qualify as “the kind of foreclosure of opportunities amounting to a deprivation of liberty.”

Loder v. St. Thomas Greek Orthodox Church

295 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Nov 25, 1996

Consequently, the judge awarded summary judgment against plaintiffs on the ground that the church qualified for immunity from personal injury liability under the Act. … In analyzing whether an entity qualifies for charitable immunity, the Act directs that [t]his act shall be deemed to be remedial and shall be liberally construed so as to afford immunity to the said corporations, societies

Chiropractic Alliance of New Jersey v. Parisi

854 F. Supp. 299 · District Court, D. New Jersey · May 27, 1994

Thus, while the Defendants are potentially entitled to qualified immunity, 17 they are not entitled to absolute immunity. IV. Conclusion For the forgoing reasons, the motion to dismiss is denied. … Defendants raise a similar specificity argument in the context of their qualified immunity claim, discussed infra. Where qualified immunity is at issue, there is a heightened pleading standard. See Hunter v.

Pemberton Tp. v. State

178 N.J. Super. 346 · New Jersey Superior Court Appellate Division · Feb 13, 1981

which may qualify the immunity if one is otherwise deemed to exist. … The question, then, is whether the immunity thereby established was arbitrarily exercised here.

Paton v. LaPrade

471 F. Supp. 166 · District Court, D. New Jersey · May 1, 1979

Qualified Immunity. Defendants argue that they are immune from civil liability under the principle of qualified immunity. … . § 1983 unless the constitutional right he was alleged to have violated was clearly established at the time the violation occurred. More recently in Butz v.

Komninos v. BANCROFT NEUROHEALTH

417 N.J. Super. 309 · New Jersey Superior Court Appellate Division · Dec 13, 2010

The Charitable Immunity Act encourages private philanthropic activity by affording statutory immunity to qualifying non-profit organizations. … Moreover, for the reasons we have already expressed, Bancroft's immunized status is established by its core educational purposes.

Fielder v. Stonack

141 N.J. 101 · Supreme Court of New Jersey · Jul 6, 1995

When liability is established under the Act, it is still subject to immunity specified in the Act as well as any common-law immunity which predated the Act. Tice, supra, 133 N.J. at 355 , 627 A.2d 1090 . … VI Having determined the applicability of N.J.S.A. 59:5-2b(2), we now address an alternate basis for immunity: the qualified immunity afforded by N.J.S.A. 59:3-3.

Amato v. Wilentz

753 F. Supp. 543 · District Court, D. New Jersey · Dec 18, 1990

IMMUNITIES The court now addresses the defendant’s argument that he is immune from a damage judgment under the Eleventh Amendment and pursuant to principles of judicial and qualified good faith immunity. … This defendant acted in uncharted constitutional waters and is thus entitled to be protected by the principles of qualified immunity.

In Re Doe

416 N.J. Super. 233 · New Jersey Superior Court Appellate Division · Aug 5, 2010

The law should not cut off its promise of anonymity and legal immunity at the maternity ward door. … in a hospital maternity ward, then clearly and unambiguously states her desire to surrender that infant anonymously and the other Safe Haven statutory requirements are met.

Graber v. Richard Stockton College

313 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Apr 24, 1998

A qualifying organization does not lose its statutory immunity merely because it charges money for its services, Rupp v. … Cramer, 133 N.J. 347 , 627 A. 2d 1090 (1993)(stating that public entities are entitled to immunity both under the Tort Claims Act and as established at common law).