Case law

State v. Spindel

24 N.J. 395 · Supreme Court of New Jersey · May 27, 1957

It cannot be that the witness may confess a criminal offense while on the witness stand in the legislative inquiry and thereby secure immunity from prosecution, even though the offense may be established by evidence other … But the associated words “or admitted in evidence” qualify and clarify the more indefinite term “used,” and make certain the legislative end in view.

Perillo v. Dreher

126 N.J. Super. 264 · New Jersey Superior Court Appellate Division · Jan 16, 1974

The Legislature may, within constitutional limits, nullify or qualify a ruling. Rosenberg v. North Bergen, 61 N.J. 190 (1972). … Moreover, allowance of the Willis claim represents legislative recognition of established judicial policy to provide relief to the litigant before the court.

Berger v. State

71 N.J. 206 · Supreme Court of New Jersey · Sep 21, 1976

governmental unit to be immune with respect to the particular enterprise. … Prom these enactments, it is clear that the Legislature intended to immunize the Department of Institutions and Agencies from the operation of local zoning provisions which prohibit the establishment of a group home.

Fa by Pa v. Wjf

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.

Stillwell v. McGrath

85 N.J. Super. 252 · New Jersey Superior Court Appellate Division · Oct 26, 1964

There is no doubt that Stillwell was qualified as a beneficiary of this section while engaged in the mission on which he was injured. … The immunity is one of the benefits of the law, and it clearly extends to the third-party defendant here.

Ernst v. Borough of Fort Lee

739 F. Supp. 220 · District Court, D. New Jersey · Jun 5, 1990

Even were I to conclude that the officers in question enjoyed qualified immunity (a proposition which appears doubtful — see below), the municipality would not be exempt on this ground. … City of Independence, 445 U.S. 622, 655 , 100 S.Ct. 1398, 1417 , 63 L.Ed.2d 673 (1980), municipalities are not entitled to qualified immunity based upon the good faith actions of their officers.

Ingenito v. DEPT. OF CORRECTIONS, STATE OF NJ

568 F. Supp. 946 · District Court, D. New Jersey · Jul 19, 1983

In their brief, they only discuss the affirmative defense of "qualified" immunity. Defendants' Brief at 20-22. … The court assumes the individual defendants are not relying upon any other kind of immunity defense. [6] Before reaching the question of the individual's qualified immunity, the court must address the issue of the State of

McKinney v. East Orange Mun. Corp.

284 N.J. Super. 639 · New Jersey Superior Court Appellate Division · Oct 31, 1995

Our review of the record satisfies us that there was, at the least, a genuine question of fact respecting the qualified immunity defense and that the trial judge erred in excluding the proffered expert testimony. … We consider first the qualified immunity defense, beginning with the facts surrounding the issuance of the warrant. As we have noted, the warrant was issued on Woodson's affidavit dated December 29, 1986.

Fulgham v. Daniel J. Keating Co.

285 F. Supp. 2d 525 · District Court, D. New Jersey · Sep 29, 2003

Plaintiff does not dispute the fact that if Keating qualifies as a statutory employer, it is immune from any other type of liability. … Plaintiff, however, contends that Keating fails to establish the second and third prongs of the test and therefore is not entitled to immunity.

Campbell v. Campbell

294 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Apr 12, 1996

In this case the plaintiff argues that the domestic violence order has established a "special relationship" between her and the Plainfield police and that therefore the statute does not provide immunity. … [t]he absolute immunity of section 3-5 applies to non-action or the failure to act in connection with the enforcement of the law, and the qualified immunity of section 3-3 applies to acts constituting enforcement of the law

Daniel Tumpson v. James Farina (072813)

218 N.J. 450 · Supreme Court of New Jersey · Jul 31, 2014

Stripped to its essence, the dissent is suggesting that injunctive relief is barred by qualified immunity. … See Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 , 73 L.Ed.2d at 410 (“[Government officials ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Rocco v. NJ Transit Rail Operations

330 N.J. Super. 320 · New Jersey Superior Court Appellate Division · Apr 25, 2000

Where a public entity is unable to perfect design immunity as a result of failure to establish proper approvals, liability may attach if there is sufficient evidence to show that the design defect represents a dangerous condition … The circumstances in this case simply do not qualify.

Velazquez Ex Rel. Velazquez v. Jiminez

172 N.J. 240 · Supreme Court of New Jersey · May 29, 2002

To qualify for immunity under Pennsylvania’s statute, the Good Samaritan must hold “a reasonable opinion that the immediacy of the situation is such that the rendering of care should not he postponed until the patient is … Although the *261 absence of a pre-existing duty is one element that volunteers must establish to qualify for Good Samaritan immunity, Praet v. Borough of Sayreville, 218 N.J.Super. 218, 223 , 527 A.2d 486 (App.

Devlin v. Greiner

147 N.J. Super. 446 · New Jersey Superior Court Appellate Division · Jan 28, 1977

The doctrine of absolute immunity with respect to statements made in the course of judicial proceedings is one firmly established in our law. La Porta v. Leonard, 88 N.J.L. 663 (E. & A. 1916); Rogers v. … Defendant clearly had a duty to those he observed to report accurately on their activities. He is a private detective, licensed under N.J.S.A. 45:19-12.

Anasia Maison v. NJ Transit Corporation and Kelvin Coats

Supreme Court of New Jersey · Feb 17, 2021

Defendants qualify for this immunity only if they engaged in some act or acts to enforce a law. … Defendants qualify for this immunity only if they engaged in some act or acts to enforce a law. See Bombace, 125 N.J. at 368.

Winters v. City of Jersey City

120 N.J. Super. 129 · New Jersey Superior Court Appellate Division · Jul 28, 1972

Again, there was no mention of the specific "limited" immunity statute here under consideration. Moreover, the liability established by the Act is without limitation as to amount. … When the Legislature has intended that a governmental body should be immune, it has clearly and expressly said so. *147 Cf.

Alston v. City of Camden

332 N.J. Super. 240 · New Jersey Superior Court Appellate Division · Jun 27, 2000

To pierce section 3-3's qualified immunity, a plaintiff must prove more than ordinary negligence. … At the time, New Jersey municipalities enjoyed qualified sovereign immunity under the common law.

Nl Industries, Inc. v. State(076550)

228 N.J. 280 · Supreme Court of New Jersey · Mar 27, 2017

In other words, a legislative waiver of sovereign immunity must be expressed clearly and unambiguously, Allen v. … We now proceed to determine whether the Legislature clearly and unambiguously intended to abrogate, retroactively, the State’s sovereign immunity for activities that occurred prior to enactment of the Spill Act.

Baldassano v. High Point Insurance

396 N.J. Super. 448 · New Jersey Superior Court Appellate Division · Nov 8, 2007

Plaintiff first contends that defendant failed to comply with the statutory requirements to qualify for immunity under N.J.S.A. 17:28-1.9 because (1) the agent, not the insured, selected the level of UIM coverage on the coverage … Awany, 205 F.Supp.2d 279, 285-86 (D.N.J.2002) (holding that the requirements of N.J.S.A. 39:6A-23 “are preconditions to qualifying for immunity under N.J.S.A 17:28-1.9”).

Saudi Basic Industries Corp. v. ExxonMobil Corp.

194 F. Supp. 2d 378 · District Court, D. New Jersey · Apr 3, 2002

The motion must be denied “ ‘unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.’ ” Ilan-Gat Eng’rs, Ltd. v. Shelter Sys. … The foreign state defendant filed a conditional claim clearly asserting that the claim was to be considered only if its sovereign immunity defense was rejected.