Case law

Tallaksen v. Ross

167 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 7, 1979

Defendant's 70-acre undeveloped tract qualifies for immunity under the act when used for the statutorily defined recreational purposes, despite its zoning classification as residential lands and its proximity to developed … Clearly, plaintiff's recreational activities on defendant's undeveloped land represented the fulfillment of the legislative objective and, consistent *5 with the act's promise of immunity with respect to such use, defendant's

Whitney v. Jersey Cent. Power & Light

240 N.J. Super. 420 · New Jersey Superior Court Appellate Division · May 1, 1990

The Act, in our view, would clearly go beyond these goals were it construed to grant a blanket *424 immunity to all property owners, particularly to those owning lands in densely populated urban or suburban areas, without … The Supreme Court made this statement in concluding that a reservoir, which probably would qualify for the immunity provided by the Act if located in an undeveloped area, does not enjoy that immunity if it is located in the

Tumpson v. Farina

431 N.J. Super. 164 · New Jersey Superior Court Appellate Division · May 29, 2013

Defendants raised the issue of qualified immunity. Given our decision we need not reach that issue. … We do note, however, that qualified immunity is an *183 affirmative defense under the NJCRA, and the defense of qualified immunity applies only to claims for money damages and not to claims for injunctive relief.

Coleman v. State of New Jersey Division of Youth & Family Services

246 F. Supp. 2d 384 · District Court, D. New Jersey · Mar 3, 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 (quoting Harlow v. … Where a defendant asserts this defense in a motion for summary judgment, the plaintiff has the initial burden to prove that the defendant’s conduct violated some clearly established right. Id.

Heffelfinger v. Town of Morristown

209 N.J. Super. 380 · New Jersey Superior Court Appellate Division · May 24, 1985

The terms "society" and "association" are not clearly defined by New Jersey statutory or decisional law. … In this case, defendants clearly were fulfilling their obligations as trustees of the Morristown green when Mrs. Heffelfinger allegedly was injured. Mrs.

Allen v. Wrightson

800 F. Supp. 1235 · District Court, D. New Jersey · Oct 1, 1992

Qualified Immunity Government officials performing discretionary functions are protected from civil damages liability by qualified immunity so long as “their actions could reasonably have been thought consistent with the … Qualified immunity protects all government officials except those who are “plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986).

Gretzula v. Camden County Technical Schools Board of Education

965 F. Supp. 2d 478 · District Court, D. New Jersey · Aug 14, 2013

This statement came in the context of assessing whether an interlocutory appeal regarding qualified immunity was timely when the district court had not addressed qualified immunity because it had improperly characterized … Thomas is inapposite because it involved a “pleading as to which a qualified immunity defense cannot reasonably be framed.” Id. at 289.

Jerolamon v. Fairleigh Dickinson University

199 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Mar 4, 1985

The charitable immunity statute was passed as a legislative response to the 1958 Supreme Court rejection of the charitable immunity doctrine which had been the law of this State. See Dalton v. St. … Likewise, the nineteenth count alleges an extended course of conduct by University security guards and personnel against the plaintiffs and seeks to establish liability on the basis of negligent hiring of such guards.

Andrews v. Camden County

95 F. Supp. 2d 217 · District Court, D. New Jersey · Mar 28, 2000

of qualified immunity and should not be made to stand trial. … When material facts are not in dispute, the district court may decide whether a . government official has established the defense of qualified immunity as a matter of law. Anderson v.

Hardwicke v. American Boychoir School

188 N.J. 69 · Supreme Court of New Jersey · Aug 8, 2006

If, under the CSAA, an entity — DYFS—can qualify as a *88 “guardian,” it follows that the School can qualify as a “person.” … By the plain meaning of N.J.S.A. 2A:53A-7(a), “an entity qualifies for charitable immunity when it ‘(1) was formed for nonprofit purposes; (2) is organized exclusively for religious, charitable or educational purposes; and

Pompton Lakes Senior Citizens Housing Corp. v. Borough of Pompton Lakes

16 N.J. Tax 331 · New Jersey Tax Court · Feb 25, 1997

The defendant claimed protection under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. … Because the Housing Complex does not qualify for charitable exemption under N.J.S.A. 54:4-3.6, the superintendent’s residence cannot, on a derivative basis, so qualify.

United States v. General American Transportation Corp.

367 F. Supp. 1284 · District Court, D. New Jersey · Oct 31, 1973

This Court thus concludes, with the court in Mobil Oil, that the legislative history here is “inconclusive.” 11 This Court holds that the argument in favor of immunity here, strongly established by the language of the statute … The Government next contends that even if corporations are entitled to section 1161(b)(4) immunity, the defendant does not qualify for such immunity here because it has not been shown that the particular individual who reported

College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

948 F. Supp. 400 · District Court, D. New Jersey · Dec 13, 1996

Clearly, the State of Florida should not be penalized with the loss of sovereign immunity for the way it had chosen to organize its government. … Clearly it is not.

Klitzman, Klitzman & Gallagher v. Krut

591 F. Supp. 258 · District Court, D. New Jersey · Jun 25, 1984

investigative functions, for which only a qualified immunity is appropriate. … established rights will have been violated.

Barbetta Agency, Inc. v. Evening News Pub. Co.

135 N.J. Super. 214 · New Jersey Superior Court Appellate Division · Jun 27, 1975

We have long recognized the existence of a qualified privilege that confers immunity upon a public official for defamation uttered in relation to matters committed by law to his control or supervision. Coleman v. … Thus, we find no genuine issue of fact established to defeat Megaro's defense of qualified privilege. Accordingly, the summary judgment as to defendants News and Megaro is affirmed.

Reilly v. City of Atlantic City

427 F. Supp. 2d 507 · District Court, D. New Jersey · Apr 5, 2006

“The doctrine of qualified immunity shields government officials from civil liability ‘as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … As stated above, Flipping and Snellbaker are entitled to qualified immunity if the constitutional right which was violated was a clearly established right that a reasonable officer would know of.

Figueroa v. Blackburn

39 F. Supp. 2d 479 · District Court, D. New Jersey · Mar 10, 1999

Judicial Immunity It is a well-established principle of Angelo-American jurisprudence that judges are generally afforded absolute immunity from civil suits for money damages. See Mireles v. … Ray, 386 U.S. 547, 555 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967) (stating that police officers are granted qualified immunity); Tucker, 410 F.Supp. at 512 (applying qualified immunity standard to a mayor and an attorney general

Ayers v. Jackson Tp.

202 N.J. Super. 106 · New Jersey Superior Court Appellate Division · Jun 4, 1985

Super. 425, 428-429 (App.Div. 1976), "the basic legislative premise is to re-establish immunity for all governmental bodies within its definition of `public entity.' … [At 942] The foregoing expressions are even more clearly apposite to this proceeding.

Gray v. St. Cecilia's School

217 N.J. Super. 492 · New Jersey Superior Court Appellate Division · May 13, 1987

. *494 It is not disputed that Gray was on the premises only to transport her son from school, that she and her son are Roman Catholic, that defendants qualify as non-profit religious and educational organizations for purposes … Cecilia's to pray on the date of the accident, or even to discuss her child's educational progress or to view a school play, her presence was clearly incident to accomplishment of a purpose of her own, to insure that her

Tonelli v. BD. OF EDUC. OF WYCKOFF

373 N.J. Super. 421 · New Jersey Superior Court Appellate Division · Dec 7, 2004

The policy establishes service, operational and facilities' charges to be imposed for use of its facilities. … The Court held that educational institutions are not required to demonstrate a level of income from charitable donations to qualify for charitable immunity. Ibid.