Case law

Birchwood Lakes Colony Club v. Medford Lakes

179 N.J. Super. 409 · New Jersey Superior Court Appellate Division · May 28, 1981

Plaintiff was under no obligation to establish as part of its case the absence of such immunity. The motion for judgment at the end of plaintiff's proofs was, of course, clearly premature. … We do not take the position that plan or design immunity could not have been established by the borough.

Jeanine Anthony v. County of Morris

New Jersey Superior Court Appellate Division · May 12, 2025

A defendant invoking qualified immunity is entitled to dismissal prior to suit "[u]nless the plaintiff's allegations state a claim of violation of clearly established law . . . ." Mitchell v. … The facts as alleged do not support a finding that defendants violated plaintiff's clearly established constitutional rights. They do not support an abrogation of qualified immunity.

Kalman v. Grand Union Co.

183 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Feb 8, 1982

Hence it did not have a special permit as a pharmacy within a larger retail establishment; rather, defendant's whole store was licensed as a pharmacy. … Defendant, of course, urges that its concededly prohibited plan for July 4 did not so implicate public policy as to immunize plaintiff from discharge for exposing the plan.

Hurley v. Hurley

230 N.J. Super. 493 · New Jersey Superior Court Appellate Division · Dec 2, 1988

[Emphasis supplied] The portion emphasized was clearly added after the initial draft as it was in a different type and pitch and inserted between two paragraphs. … Plaintiff urges the court to view the property settlement agreement as a contract which contains fully bargained-for exchanges so as to immunize the issue of alimony from modification.

Fisher-Stevens, Inc. v. Director, Division of Taxation

121 N.J. Super. 513 · New Jersey Superior Court Appellate Division · Dec 11, 1972

Under this definition appellants’ activities would qualify as advertising services. … Citing Alward , it rejected a claim of immunity in the following language: But, so far as concerns private persons claiming immunity for their ordinary business operations (even though in connection with governmental activities

White v. Fauver

19 F. Supp. 2d 305 · District Court, D. New Jersey · Sep 29, 1998

of the legal rules that were ‘clearly established’ at the time [the action] was taken.” … law and, therefore, were entitled to qualified immunity.

Taylor v. Plousis

101 F. Supp. 2d 255 · District Court, D. New Jersey · Jun 20, 2000

Defendant Shagren further argues that he is entitled to the defense of qualified immunity. … A parallel argument involves claims of qualified immunity which often protect government officials charged with a constitutional violation.

Henebema v. South Jersey Transportation Authority

430 N.J. Super. 485 · New Jersey Superior Court Appellate Division · Apr 1, 2013

City of Minneapolis, 707 N.W.2d 669, 675 (Minn.2006) (stating that “in the context of qualified immunity, a case should be submitted to the jury when the facts giving rise to the applicability of qualified immunity were * … “there is a genuine dispute concerning predicate facts material to the qualified immunity issue, there can be no summary judgment.”

Hottenstein v. City of Sea Isle City

977 F. Supp. 2d 353 · District Court, D. New Jersey · Oct 11, 2013

Moreover, even if the Plaintiffs could demonstrate that the municipal Defendants’ actions shocked the conscience, these Defendants would still be entitled to the defense of Qualified Immunity, established under Saucier v. … Expanding upon the two-part test for Qualified Immunity, the Saucier Court explained that ”[t]he concern of the immunity inquiry is to acknowledge that reasonable mistakes can be made as to the legal constraints on particular

Torres v. City of Perth Amboy

329 N.J. Super. 404 · New Jersey Superior Court Appellate Division · Apr 3, 2000

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 .] … The record before us does not establish that Montalvo was engaged in a pursuit of a fleeing person and, therefore, summary judgment should not have been granted on the basis of section 2b(2) immunity. [2] We reverse and remand

Andris Arias v. County of Bergen

New Jersey Superior Court Appellate Division · Jul 17, 2024

The Park, established in 1960, 1 consists of 130 acres of land in Paramus. … It is well established that this immunity is available to public entities. Trimblett v. State, 156 N.J. Super. 291, 295 (App. Div. 1977).

Nannay v. Rowan College

101 F. Supp. 2d 272 · District Court, D. New Jersey · Jun 30, 2000

“[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … As this Court has held, their conduct, even when taken as alleged by the plaintiff, cannot be found to have violated clearly established law.

JENNIFER BUDDY VS. JONATHAN E. KNAPP CORRINE BUDDY VS. JONATHAN E. KNAPP DAMIEN CONNEEN VS. STATE OF NEW JERSEY (L-1037-16, L-1046-16, and L-1049-16, ATLANTIC COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Aug 17, 2021

In addition, the record clearly establishes that a safe alternative route existed for westbound drivers to access WaWa's driveway entrances. … , even though other antecedent or surrounding conduct might constitute acts or action that would otherwise be subject to the qualified immunity."

Monaghan v. Holy Trinity Church

275 N.J. Super. 594 · New Jersey Superior Court Appellate Division · Sep 14, 1994

that the Legislature clearly made available to the parish. … This statutorily established public policy is consistent with the Legislature's expressed intent in N.J.S.A. 2A:53A-10 that the immunity granted by the Act is to be liberally construed so as to afford immunity to the greatest

Sullivan v. New Jersey, Division of Gaming Enforcement

602 F. Supp. 1216 · District Court, D. New Jersey · Feb 14, 1985

In view of this, the qualified immunity discussed in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), would insulate the state officers from liability under § 1983. … them to these immunities.

Communications Workers v. Whitman

335 N.J. Super. 283 · New Jersey Superior Court Appellate Division · Nov 30, 2000

When the matter was considered by the trial court on remand, a qualified immunity issue was also raised and adjudicated. … Although we view favorably the decisional rationale employed by Judge Shuster in disposing of those claims, especially his reliance on defendants' qualified immunity, see Harlow v.

Kemp Ex Rel. Wright v. State

174 N.J. 412 · Supreme Court of New Jersey · Aug 20, 2002

Reported women were classified into one of three categories of immune status: 1) susceptible — seronegativity (negative reaction to serological test) for rubella antibody documented within one year of vaccination; 2) immune … Chevron Chemical Co., 736 F.2d 1529 (1984), the Court of Appeals for the District of Columbia stated: [A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can

Steward v. Magnolia

134 N.J. Super. 312 · New Jersey Superior Court Appellate Division · May 28, 1975

[At 241] Thus, despite the substantial erosion of interspousal immunity, there are clearly some areas in which the doctrine is still viable. Paraphrasing what was said in Pearce v. N.J. Highway Authority, 122 N.J. … It clearly does not encompass any immunity available to the employee for a reason other than his public employment, such as an interfamilial relationship.

Dunkley v. Board of Education

216 F. Supp. 3d 485 · District Court, D. New Jersey · Oct 20, 2016

If the answer to that question is ‘yes,’ we must then consider whether the right was clearly established. … If we also answer 'yes' to the second question, we must conclude that the official does not have qualified immunity.”). .

Leeds v. City of Atlantic City

13 N.J. Misc. 868 · Atlantic County Circuit Court, N.J. · Nov 27, 1935

law unless such an intention is clearly expressed or plainly exhibited by the words of the statute. … from liability, which immunity is denied to private corporations in precisely the same circumstances?