Case law

COREY BLAND VS. CITY OF NEWARK (L-2305-13, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 16, 2021

"Qualified immunity is a doctrine that shields government officials from a suit for civil damages when 'their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Torrez and Martinez, who arrived on the scene late and began shooting, were also entitled to qualified immunity because plaintiffs failed to present "caselaw demonstrating that [they] . . . violated a clearly established

Bally Manufacturing Corp. v. New Jersey Casino Control Commission

85 N.J. 325 · Supreme Court of New Jersey · Mar 17, 1981

Considering the development of that doctrine in the subsequent decisions regarding antitrust immunity for state action, the Court in Midcal stated: These decisions establish two standards for antitrust immunity under Parker … [N.J.S.A. 52:14B-2(b)] *336 Reviewing the facts of the instant case, we conclude that these standards have been fully satisfied so that the regulation falls within the antitrust immunity established by Parker v.

Manley v. YMCA of Plainfield

275 N.J. Super. 656 · New Jersey Superior Court Appellate Division · Jun 14, 1994

In addition, municipal welfare directors [MWD's] will establish worksites to which they will assign recipients. .... … Regarding the status of the plaintiff, the court stated: We do not construe ... the category of those qualifying as beneficiaries to include persons who derive no benefit from the charitable institution but render some service

Smith v. Walker

138 N.J. Super. 187 · New Jersey Superior Court Appellate Division · Dec 5, 1975

Their reliability as an indicator of the truth has been fully established. … Ryan, supra , qualifies. Defendant's attorney will submit an order, consented to as to form or on five days notice, providing for: 1.

Winters v. City of Jersey

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

When the Legislature has intended that a governmental body should be immune, it has clearly and expressly said so. *147 Cf. N. J. S. … for has not been clearly granted by the Legislature.

Birchwood Lakes Colony Club, Inc. v. Borough of Medford Lakes

90 N.J. 582 · Supreme Court of New Jersey · Aug 3, 1982

Permits are issued either by the EPA or a qualifying state that has enacted programs to implement the regulatory provisions of the federal act. … Should the defendant prevail on the establishment of immunity under the TCA, the jury will be instructed to apportion the damages between pre- and post-1972 injury.

W v. Pangborne & Co. v. New Jersey Department of Transportation

116 N.J. 543 · Supreme Court of New Jersey · Aug 14, 1989

“New Jersey Attorney General’s Task Force on Sovereign Immunity Report” 14-16 (1972) (hereinafter “Atty. Gen. Report”). … Commissioner, Dep't of Transp., 55 N.J. 341, 346 (1970), this Court abolished sovereign immunity, holding that “there should be an established forum in which all such claims may be presented as of right and upon known principles

State v. Friedman

135 N.J.L. 414 · Supreme Court of New Jersey · Apr 18, 1947

The denial of protection from the adverse inference is not inconsistent with the claimed immunity; e contra, experience teaches that it serves essential justice. … S. 2 :195-19, unless it clearly appears that it was the product of mistake, passion, prejudice, or partiality. State v. Woodworth, 121 N. J. L. 78. Such is not the case here. Judgment affirmed.

Sandler v. BD. OF ADJUSTMENT OF SPRINGFIELD TP.

113 N.J. Super. 333 · New Jersey Superior Court Appellate Division · Feb 16, 1971

To this qualified extent the statutory policy is for a period of enforced immobility of the local regulatory power relative to the particular subdivision development. [ 64 N.J. Super. at 291-292 ] In Levin v. … As noted, the statute does not fix a period of immunity after final approval.

Manca v. Borough of Hopatcong

157 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Mar 10, 1978

Justice Haneman, in an opinion for a unanimous court, clearly sustained municipal immunity as a matter of law in snow removal cases in the following language: Snow is a common enemy interfering with normal pedestrian and … Our review of the pertinent provisions of the act fails to reveal a provision reflecting a legislative intent to abolish the immunity established in the area of discretionary municipal activities typified by Miehl v.

State v. New York Yearly Meeting of Friends

61 N.J. Eq. 620 · New Jersey Superior Court Appellate Division · Jan 18, 1901

But there should be a renewed earnestness of the membership in this important work; and with the hope that the Lord will bring this to pass and that he will also raise up some especially qualified for such a field of labor … hat this legatee must come clearly within the words of the act which gives it immunity, I am of the opinion that it is clearly included within the statutory language. The decree of the orphans court should be affirmed.

Fenning v. SG Holding Corp.

47 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Oct 21, 1957

established ( LaPorta v. … privilege, a much lesser form of immunity, usually inducing a jury issue as to elements of malice, reasonable cause, good faith and the like.

Lawlor v. Cloverleaf Memorial Park, Inc.

106 N.J. Super. 374 · New Jersey Superior Court Appellate Division · Jul 10, 1969

Schwabacher's affidavit did no more than establish that the association, rather than the corporation, held title to the property. … Lawlor was not a beneficiary, it is difficult to *388 conceive who — except those already interred there — could qualify as such.

BENJAMIN EX REL. BENJAMIN v. Corcoran

268 N.J. Super. 517 · New Jersey Superior Court Appellate Division · Dec 1, 1993

The Legislature clearly expressed its intent that the N.J.F.H. be controlled, managed and governed by the board of managers as agents of the State. … Even if an issue of fact existed respecting whether the property characteristics of the N.J.F.H. grounds are sufficiently rural or semi-rural as to qualify for immunity under the Landowner's Liability Act, N.J.S.A. 2A:42A

In Re Sackman

90 N.J. 521 · Supreme Court of New Jersey · Aug 12, 1982

He alleged that the rule violates the Privileges and Immunities Clause, Art. IV, § 2; the Commerce Clause, Art. … See also Note, “The Future of State Bar Residence Requirements Under the Privileges and Immunities Clause,” 26 S.D.L.Rev. 80, 80 n. 4 (1981).

Jackson v. Gandy

877 F. Supp. 2d 159 · District Court, D. New Jersey · Jun 29, 2012

Defendants further argue that Plaintiffs amended complaint should be dismissed because Defendants are entitled to qualified immunity. … The Court must also determine “whether the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.” Id. (quoting Saucier, 533 U.S. at 201, 121 S.Ct. 2151 ).

Matter of Hotel and Restaurant Emp. and Bartend. International Union

203 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Jul 11, 1985

Appellants contend that all individuals appointed to union positions were qualified for the job. … The authority of the Casino Control Commission to confer testimonial immunity upon a witness is established by N.J.S.A. 5:12-67, which provides in part: *336 If, in the course of any investigation or hearing conducted under

Raspa v. Office of Sheriff

191 N.J. 323 · Supreme Court of New Jersey · Jun 12, 2007

qualified person with a disability the opportunity to obtain or maintain employment ... solely because such person is a person with a disability”). … Because it has *339 been “clearly shown that [plaintiffs] disability would prevent [him] from performing [that] particular job[,]” N.J.S.A. 10:5-29.1, plaintiff, as a matter of law, was not qualified as a “county corrections

Pemberton Tp. v. State

171 N.J. Super. 287 · New Jersey Superior Court Appellate Division · Sep 12, 1979

State, supra , held that the Department of Institutions and Agencies was immune from zoning with respect to the establishment of a group home for multi-handicapped children. … From this analysis the conclusion emerges that there is a qualified immunity from local zoning for activities of the Department of Corrections.

New Jersey Chiropractic Ass'n v. State Board of Medical Examiners of New Jersey

79 F. Supp. 327 · District Court, D. New Jersey · Aug 10, 1948

In the first count of the complaint in C-10901, the plaintiff Society of Naturopaths alleges that it is a society established to advance the interest of naturopaths by establishing schools, conducting clinics, hospitals and … language of the Supreme Court in the case of Ex parte Poresky, supra, at page 32, of 290 U.S., at page 4 of 54 S.Ct. wherein it was declared that the question in that case was unsubstantial because: “ ‘its unsoundness so clearly