Case law

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.

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.

290 Madison Corp. v. Capone

485 F. Supp. 1348 · District Court, D. New Jersey · Mar 12, 1980

Qualified Immunity Nonjudicial government officials who perform functions of an adjudicatory nature enjoy qualified immunity to § 1983 suits for damages. See Wood v. … In the instant case defendants never formally pleaded qualified immunity.

Montclair State Univ. v. Cnty. of Passaic

234 N.J. 434 · Supreme Court of New Jersey · Aug 6, 2018

The Attorney General argues that the State must have immunity from local ordinances because "a shift in this well-established balance" would undermine sovereign immunity and allow local entities to stall State projects with … How and where those concerns factor into the Rutgers analysis is a novel issue with respect to our law on the qualified immunity recognized in this area.

Warner v. Township of South Harrison

885 F. Supp. 2d 725 · District Court, D. New Jersey · Jun 26, 2012

Plaintiff further argues that qualified immunity is inappropriate because McCall and Spinner’s actions were clearly unreasonable. … clearly established.

State in Interest of AL

271 N.J. Super. 192 · New Jersey Superior Court Appellate Division · Feb 28, 1994

A state legislature is free to restrict or qualify that right, so long as it does not create an arbitrary or discriminatory classification scheme. Woodard v. … Clearly, N.J.S.A. 2A:4A-29 does not mention "derivative use" immunity.

Bayer v. Township of Union

414 N.J. Super. 238 · New Jersey Superior Court Appellate Division · Jul 7, 2010

A government official is entitled to qualified immunity from liability for civil damages under section 1983 unless his conduct violated "clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a defense to liability; the benefit of the immunity is effectively lost if the case is allowed to go to trial. Mitchell v.

Estate of Hiram A. Gonzalez v. The City of Jersey City (084381) (Hudson County & Statewide)

Supreme Court of New Jersey · Aug 4, 2021

The TCA “was clearly intended to reestablish a system in which immunity is the rule, and liability the exception.” Ibid. “When both liability and immunity appear to exist, the latter trumps the former.” Tice v. … “Even when one of the [TCA’s] provisions establishes liability, that liability is ordinarily negated if the public entity possesses a corresponding immunity.” Rochinsky v.

Kirk v. City of Newark

212 N.J. Super. 201 · New Jersey Superior Court Appellate Division · Aug 4, 1986

Leon, 468 U.S. [897], 82 L.Ed.2d 677 , 104 S.Ct. 3405 (1984)] defines the qualified immunity accorded an officer whose request for a warrant allegedly caused an unconstitutional arrest. … The test the jury was instructed to apply lacked substantial definition and clearly could have prejudiced defendant’s right to have the benefit of the qualified immunity to which she was *209 entitled.

Felicioni v. Admin. Office of Courts

404 N.J. Super. 382 · New Jersey Superior Court Appellate Division · Dec 15, 2008

substantive rights, privileges or immunities secured by the Constitution or laws of this State, or [2] whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted … Clearly, defendants' contrary interpretation renders the terms "deprive" and "interfere" indistinguishable, yet they are clearly different in meaning.

NEW JERSEY CHINESE COMMUNITY CENTER, INC v. MCALEER

District Court, D. New Jersey · Aug 15, 2022

For efficiency, a court may elect to consider the ‘clearly established’ prong first because, if that prong is not satisfied, then qualified immunity applies.” Muth v. Woodring, 666 F. … purposes of qualified immunity.”)

Brown v. City of Bordentown

348 N.J. Super. 143 · New Jersey Superior Court Appellate Division · Jan 16, 2002

The Law Division judge denied this motion on the ground that Lynch was entitled only to "qualified immunity subject to good faith." As noted, we affirm this denial of summary judgment as to Lynch with modification. … Lynch headed the Department of Public Safety under the distribution of powers scheme established in the City's government. N.J.S.A. 40:72-4.

Mick v. American Dental Assn.

49 N.J. Super. 262 · New Jersey Superior Court Appellate Division · Mar 13, 1958

Unlike absolute privilege, which affords complete protection, qualified privilege affords immunity only if there is no ill motive or malice in fact, and can be lost by abuse on the part of the defendant. … Fluoridation of drinking water, which affects the health of citizens in a community, is clearly a subject of wide public interest.

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).

State v. Deshler

25 N.J.L. 177 · Supreme Court of New Jersey · Jun 15, 1855

But it is qualified by the word taxable. … thereby qualified to vote.

Martha C. Ptaszynski, Etc. v. Atlantic Health Systems, Inc., D/B/A Mt. Kemble Rehabilitation at Morristown Memorial Hospital

440 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Mar 20, 2015

Charitable Immunity Defendant argues that the judge erred by refusing to consider its pre-trial motion for immunity under the CIA. … To qualify for immunity under this statute, defendant must establish that it was organized "exclusively for religious, charitable or educational purposes." Ibid. (Emphasis added). B.

Reaves v. State

303 N.J. Super. 115 · New Jersey Superior Court Appellate Division · Jul 8, 1997

Such an allegation also may implicate the enforcement priorities established by the agency’s supervisory staff, which would be covered by the qualified *121 immunity provided by N.J.S.A. 59:2-3(d) and N.J.S.A. 59:3-2(d). … Therefore, the Tort Claims Act’s clearly expressed policy judgment that such legislative and executive decisions should not generally provide a basis for the imposition of tort liability provides further support for our conclusion

Bieker v. Community House of Moorestown

169 N.J. 167 · Supreme Court of New Jersey · Jul 23, 2001

The trial court granted defendant’s motion, concluding that “[a]n organization ... established to serve [such purposes] ... and to reap no profits” has a “charitable” purpose and consequently is entitled to charitable immunity … Viewing the facts in this context, plaintiffs “presence was clearly incident to accomplishment” of defendant’s charitable purposes, Gray v. St.

NEW JERSEY CHINESE COMMUNITY CENTER, INC v. MCALEER

District Court, D. New Jersey · Aug 15, 2022

For efficiency, a court may elect to consider the ‘clearly established’ prong first because, if that prong is not satisfied, then qualified immunity applies.” Muth v. Woodring, 666 F. … purposes of qualified immunity.”)

Manna v. State

129 N.J. 341 · Supreme Court of New Jersey · Jul 21, 1992

IV Both the trial court and the Appellate Division held that the State was immune from liability under the Act’s provision establishing immunity for injuries caused solely by inclement weather. … However, we did not require that the State demonstrate its conscious rejection of smoke detectors in order to qualify for the immunity. Ibid.