Case law

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.

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.

State v. Atti

127 N.J.L. 39 · Supreme Court of New Jersey · Jul 24, 1941

The immunity granted is, in our view, thus strictly limited and the court may not extend it. … The court held that knowledge on the part of McBarron, an election officer in charge of registration, as to the status of Eoanes must be clearly proved or shown by such circumstances as to leave no reasonable doubt in a fair

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

Fine v. Rutgers

163 N.J. 464 · Supreme Court of New Jersey · Apr 13, 2000

The court concluded that “case law clearly supports the position that Rutgers is not considered part of the State for purposes of contractual and discrimination matters.” … In this matter, the cause of action clearly arose in Essex County where Fine was employed at the Rutgers-Newark campus for his entire career.

Davila v. City of Camden

66 F. Supp. 3d 529 · District Court, D. New Jersey · Dec 11, 2014

"Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … The qualified immunity analysis is a two-step process, where a court must first decide whether the facts, taken in the light most favorable to plaintiff, establish ■ that defendants’ conduct "violated a constitutional right

Mody v. City of Hoboken

758 F. Supp. 1027 · District Court, D. New Jersey · Mar 6, 1991

“Good Faith” Qualified Immunity The Third Circuit in Losch stated that “[qualified immunity protects a defendant who failed to observe a right or legal standard that was not clearly established when the defendant acted.” … Defendants assert such qualified immunity against plaintiff’s claims in this case.

WHS REALTY v. Town of Morristown

323 N.J. Super. 553 · New Jersey Superior Court Appellate Division · Jul 27, 1999

First, League of Municipalities is clearly distinguishable. … qualified immunity.

GARCIA v. KNAPP

District Court, D. New Jersey · May 29, 2020

“According to the doctrine of qualified immunity, law enforcement officers acting within their professional capacity are generally immune from trial ‘insofar as their conduct does not violate clearly established statutory … “A law enforcement defendant is entitled to qualified immunity when ‘the conduct alleged by the plaintiff violated a clearly established principle of constitutional or statutory law,’ and the violation of said right ‘would

Gallo v. Princeton University

281 N.J. Super. 134 · New Jersey Superior Court Appellate Division · Apr 7, 1995

"Privileges may be `absolute,' which means that the statements are completely immune, or `qualified.'" Ibid. … immunity.

Coles v. Carlini

162 F. Supp. 3d 380 · District Court, D. New Jersey · Sep 30, 2015

Qualified Immunity The doctrine of qualified immunity protects government officials liability for civil damages as long as their conduct “does not violate clearly established statutory or constitutional rights of which a … The qualified immunity claim is traditionally analyzed in two steps.

In re the Township of South Brunswick

448 N.J. Super. 441 · New Jersey Superior Court Appellate Division · Jul 21, 2016

Establishing Low- and Moderate-Income Limits Because the establishment of low- and moderate-income limits is the cornerstone for any fair share calculation, the next step is to estimate the proportion of those projected households … that actually qualify as low- and moderate-income households.

Lodato v. EVESHAM TP.

388 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Nov 1, 2006

We need not determine here whether a shade tree commission created under N.J.S.A. 40:64-1 enjoys absolute immunity as decided by the panel in Petrocelli or whether that immunity is qualified by the reference to the TCA in … In order to qualify as public property, the area causing the danger must be owned or controlled by the public entity. See Norris, supra, 160 N.J. at 443 , 734 A. 2d 762 .

Akins v. Deptford Township

813 F. Supp. 1098 · District Court, D. New Jersey · Feb 10, 1993

Defendant has asserted that plaintiffs’ claims against the individual Board members are barred by either absolute or qualified immunity doctrines. Defendant’s Brief at 12-15. … Plaintiffs claim that a due process deprivation was caused by “the unauthorized failure of agents of the State to follow established state procedure,” Parratt v.

Remillard Ex Rel. Estate of Remillard v. City of Egg Harbor City

424 F. Supp. 2d 766 · District Court, D. New Jersey · Mar 27, 2006

established Fourth Amendment right. 6 As these same factual questions bear upon the issue of qualified immunity, the Court likewise cannot now decide that question of law because its determination hinges upon resolving highly … The qualified immunity inquiry requires the Court to evaluate whether the officers’ conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Pomco Graphics, Inc. v. Director

13 N.J. Tax 578 · New Jersey Tax Court · Sep 1, 1993

upon whether that activity establishes a nontrivial additional connection with the taxing State.” … Although New Jersey may qualify and regulate a person seeking to solicit business from New Jersey casinos, it may not utilize such laws to disqualify that person from the federal immunity granted by § 381.

Pitts v. Newark Bd. of Educ.

337 N.J. Super. 331 · New Jersey Superior Court Appellate Division · Feb 23, 2001

In addition, defendant is entitled to relief from the judgment because the judge failed to charge the jury on the qualified immunity under N.J.S.A. 59:3-8. … The trial judge declined defendant's request to charge the jury on this qualified immunity, apparently concluding that the immunity did not apply. [5] Instead, the judge determined it was sufficient to simply instruct the

Pancza v. Remco Baby, Inc.

761 F. Supp. 1164 · District Court, D. New Jersey · Apr 18, 1991

In New Jersey, and New York, an employer has qualified immunity for defamatory statements made in the course of recommendations. Rogozinski v. … To overcome a qualified privilege, a plaintiff must establish that the defendant acted with actual malice, i.e., with ill will or culpable recklessness. Shapiro , 194 N.Y. S.2d at 513, 163 N.E.2d at 336 .

Dunlea v. Township of Belleville

349 N.J. Super. 506 · New Jersey Superior Court Appellate Division · Apr 4, 2002

To pierce section 3-3's qualified immunity, a plaintiff must prove more than ordinary negligence. See id. at 294 , 473 A. 2d 554 (stating that recklessness usually denies good faith). [ Id. at 365 , 676 A. 2d 1083 .] … Where the command or order is not only specific but clearly has no exceptions—expressed or implied—willful misconduct is not affected by the good faith of the public employee who believes he or she somehow had a right to

Jewell v. St. Peter's Parish

10 N.J. Super. 229 · New Jersey Superior Court Appellate Division · Nov 27, 1950

In some of these the immunity accorded to eleemosynary institutions against claims of the kind in question is absolute, while in New Jersey it is qualified. … The Court of Errors and Appeals found that the qualifying benefit moving from defendant to the plaintiff was proved and held the church corporation immune from the suit.