Case law

EVANS v. NEWARK CITY

District Court, D. New Jersey · Mar 16, 2023

“The doctrine of 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 … Having already determined that the officers’ actions did violate a clearly established constitutional right, I conclude that the defendants are not entitled to qualified immunity under the TCA on the grounds of objective

State v. Snell

314 N.J. Super. 331 · New Jersey Superior Court Appellate Division · Aug 7, 1998

As a means of persuasion, and by way of protection, it is provided that anyone making a report pursuant to the statute shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed as … See Hague, supra, 37 N.J. at 336 , 181 A. 2d 345 (establishing public interest exception to privilege); Tarasoff v.

NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION v. PHILIP D. MURPHY, ETC. NEW JERSEY SUPERIOR OFFICERS LAW ENFORCEMENT ASSOCIATION v. PHILIP D. MURPHY, ETC. (EXECUTIVE ORDER NO. 283) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Feb 11, 2022

Moreover, the contention that infection-induced immunity is a preferred approach toward herd immunity does not take into consideration – indeed it may not be known – the long-term problems caused by infection. … Well-established principles require that a party seeking a stay pending appeal must, as a general matter, establish: a reasonable probability of success on the merits; a balancing of the equities and hardships favors relief

Mandelbaum v. Weiss

11 N.J. Super. 27 · New Jersey Superior Court Appellate Division · Dec 20, 1950

This rule was established in the case of Hunt v. … He must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he must have the exclusive right *31 of possession.

Sisler v. Gannett Co., Inc.

222 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Dec 31, 1987

Although we discard the label, we adhere to the principle that to overcome a qualified or conditional privilege, a plaintiff must establish that the publisher knew the statement to be false or acted in reckless disregard … It is our conclusion that the plaintiff must establish defamation against defendants by establishing actual malice in the publication of the offending articles.

Harris v. Vanderveer's

21 N.J. Eq. 424 · Supreme Court of New Jersey · Nov 15, 1869

<$f S. 651) gave him full power to erect and establish courts, but in his instructions {L. … These courts, and in fact any court except the Court of Appeals, were not established or continued by the Constitution of 1776.

Sheridanville, Inc. v. Borough of Wrightstown

125 F. Supp. 743 · District Court, D. New Jersey · Sep 14, 1954

However, while the military personnel may not vote under New Jersey law, it has not been shown that the eligible members of the family of military personnel and other civilians housed in the projects, otherwise .qualified … plaintiffs for it is noteworthy to observe that the arrangements call for tenants to absorb the burden by returning to the plaintiffs their proportionate share of any levy, escrow funds of the tenants money being already established

Filgueiras v. Newark Pub. Schools

426 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Jun 18, 2012

To establish a § 1983 claim, "the first task ... is to identify the state actor, `the person acting under color of law,' that has caused the alleged deprivation." Rivkin v. Dover Twp. … In sum, the evidence in this case viewed in a light most favorable to plaintiff, failed to establish a claim of substantive due process violations cognizable under the CRA.

SUZANNE VENEZIA VS. UNION COUNTY PROSECUTOR'S OFFICE, (L-1786-12, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 11, 2017

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" … The Court, concluding that an officer applying for a warrant is entitled to assert qualified but not absolute immunity, observed that the defense of qualified immunity: provides ample

Lavitz v. Civil Service Commission

52 N.J. Super. 158 · New Jersey Superior Court Appellate Division · Oct 6, 1958

The federal act insists that personnel standards on a merit basis must be established and maintained. 42 U. S. C. A. § 302(a) (5). R. … S. 44:7-11 were in existence when the Legislature determined to bring the county welfare director’s office under Civil Service, thus clearly evincing an intention to subject it to all the provisions of Title 11, the Civil

Hunterdon Med. Center v. Readington

391 N.J. Super. 434 · New Jersey Superior Court Appellate Division · Mar 28, 2007

We consider HMC's arguments in the context of several well established principles. … The record clearly demonstrates that the operation and mission of hospitals has evolved beyond the 24-hour continuous acute care facility that served as the basis for the reasonably necessary standard.

State v. Chamberlin

37 N.J.L. 388 · Supreme Court of New Jersey · Feb 15, 1875

This is a most salutary rule, free from any difficulty in its application, and is essential to secure to private property immunity against oppression. … The legislature considered and passed upon the system as an entirety, with the design of establishing a thorough and effective drainage.

ROSADO v. DICKSON

District Court, D. New Jersey · Feb 10, 2025

As to what defendants are named in the Complaint, the only one that is clearly identified in the Complaint is the Honorable Joseph A. Dickson, U.S.M.J. (ret.} … Given that Plaintiff has since been denied leave to proceed in forma pauperis in this matter, he does not qualify for pre bono counsel. (ECF No. 25.)

Matter of Registrant Ea

285 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Dec 1, 1995

Given such evidence, we *565 are clearly satisfied the two mile radius for notification of schools and operating licensed day care centers establishes a scope of notification that is fair and consistent with the RCNL and … Instead, we suggest the Attorney General establish a procedure for publication of *566 notice to the public in the affected community of organizations which register as qualified for notification, with a waiting period to

Robert Lavezzi v. State of N.J. (072856)

219 N.J. 163 · Supreme Court of New Jersey · Sep 9, 2014

Thus, the TCA’s provisions authorizing the imposition of liability upon the State for the acts and omissions of employees is derived from established principles of vicarious liability. … The Third Circuit has noted that the “dual or hybrid” role of county prosecutors in New Jersey imposes responsibilities on both the State and the county that the prosecutor serves: It is well established that

State v. Hudes

128 N.J. Super. 589 · New Jersey Superior Court Appellate Division · May 16, 1974

Johnson, 42 N.J. 146 (1964): It is, of course, most essential, in view of the heavy impact the result can have, that proper administration of the test be clearly established before the reading is admitted in evidence. … IV Independent Evidence Establishes the Impaired Ability of the Driver.

GRECO v. LAIELLI

District Court, D. New Jersey · Feb 28, 2023

Moreover, the defendant in Wilson raised qualified immunity as a defense, so the Third Circuit engaged in the familiar two-step analysis for Section 1983 claims: first, the Court determines whether the plaintiff alleged … deprivation of an actual constitutional right, and if so, the analysis proceeds to consideration of whether such right was clearly established at the time of the alleged deprivation.

National Ass'n for Advancement of Colored People v. North Hudson Regional Fire & Rescue

255 F.R.D. 374 · District Court, D. New Jersey · Feb 18, 2009

Racial Composition of the Qualified Population Dr. Siskin and Dr. Wright present different views on how to define the “qualified population” to be considered in this analysis. … Based on the above discussion, the Plaintiffs have established a prima facie case of discrimination.

United States v. Becton, Dickinson & Co.

210 F. Supp. 889 · District Court, D. New Jersey · Nov 26, 1962

The Government’s interest in securing the documents in question apparently is to establish the fact of defendant’s size. … It does not require petitioner to keep a copy of its report nor does it grant copies of the report not in the hands of the Census Bureau an immunity from legal process.

In Re Estate of Comly

90 N.J. Super. 498 · New Jersey Superior Court Appellate Division · Mar 1, 1966

In this case testatrix clearly intended that the trust could be used to benefit their children during their youth, with final distribution postponed until they reached age 35. … If any adult that Captain Comly chose to adopt qualified as a "child" under the will of Mary Comly, then, in effect, Captain Comly would have a power of appointment over the property and could lessen the shares of his natural