Case law

Township Committee of Denville v. Board of Education

59 N.J. 143 · Supreme Court of New Jersey · Jul 23, 1971

As a result, the Board concluded that establishment of a vocational school facility was imperative. … A. 40:55—39 from the bar to establishment of its school in the 1-2 zone.

Taft Stores, Inc. v. State

92 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Oct 27, 1966

Defendant, on the other hand, contends that he is immune *491 from such a suit under the doctrine of sovereign immunity. … If the former, the law at present clearly holds that the doctrine of immunity applies and the complaint should be dismissed. See Fitzgerald v. Palmer, 47 N. J. 106 (1966).

Jones v. St. Mary's Roman Catholic Church

7 N.J. 533 · Supreme Court of New Jersey · Jun 29, 1951

This qualified immunity doctrine was also affirmed in Boeckel v. Orange Memorial Hospital, 108 N. J. L. 453 (Sup. *538 Ct. 1932), affirmed 110 N. J. L. 509 (E. & A. 1933); Bianchi v. … Further as to the plaintiffs’ suggestion that the immunity rule does not extend to acts or omissions constituting administrative negligence, we are asked thereby to modify the established common law rule in this State.

FERIOZZI v. City of Atlantic City

268 N.J. Super. 310 · New Jersey Superior Court Appellate Division · Jul 15, 1993

Plaintiff clearly qualifies as a prevailing party. The next issue is whether plaintiff should be entitled to damages. … This principle was clearly set forth in Commercial Clean. Corp. v.

Reynolds v. Lancaster County Prison

325 N.J. Super. 298 · New Jersey Superior Court Appellate Division · Oct 27, 1999

LCP'S IMMUNITY CLAIMS Relying on the principles of comity and choice-of-law, LCP demands full immunity under the PSTCA or, at least, a reduction of plaintiffs' damage claims to the limits of liability established by the PSTCA … any established limits on liability.

Chaddock v. Vanness

35 N.J.L. 517 · Supreme Court of New Jersey · Mar 15, 1871

The evidence offered in each case was to establish the fact that the endorsement to the plaintiffs was without consideration. Hill v. … it, with the understanding of all the parties that his endorsement would be inoporative until it was endorsed by the payee, he would then be liable only as a second endorser, in the commercial sense, and, as such, would clearly

Brooks v. Fitch

534 F. Supp. 129 · District Court, D. New Jersey · Dec 7, 1981

Such immunity, however, is not without limit. It does not apply to actions taken by prosecutors “clearly outside of their jurisdiction.” Bauers v. … Within these limits, it is well established that this immunity extends to actions taken in the initiation of a prosecution and the presentation of the State’s case.

Terracciona v. Magee

53 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Jan 19, 1959

The general rule in civil cases is that change of established law by judicial decision is retrospective. Fox v. … It applies to holdover tenancies that may arise after the effective date of the statute and not those that had theretofore been established.

P, T & L Construction Co. v. Commissioner, Department of Transportation

55 N.J. 341 · Supreme Court of New Jersey · Mar 2, 1970

Div. 1965), the court declared the claimants’ entitlement to a pay differential under a statute notwithstanding that “Whether or not petitioners receive the money to which they are clearly entitled rests exclusively with … Obviously there should be an established forum in which all such claims may be presented as of right and upon known principles. The judiciary of course is able to meet that need.

Rutgers v. Piluso

113 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Jan 11, 1971

That result would be contrary to the expressed intent to establish Rutgers as the State's instrumentality to operate the State University. In Aviation Services v. … Supporting the presumption of immunity are the provisions of the 1956 act.

Beauchamp v. Amedio

164 N.J. 111 · Supreme Court of New Jersey · Jun 8, 2000

Ellin to ascertain whether Beauchamp’s injuries would qualify her for non-economic damages in a suit against the State under the Tort Claims Act, N.J.S.A 59:1-1 to 59:13-10. On April 8, 1997, the attorney received Dr. … I In 1972, in response to the judicial abrogation of sovereign immunity in Willis v. Department of Cons. & Econ.

BRADY

District Court, D. New Jersey · Dec 15, 2025

Smith, 994 F.3d 157, 165 (3d Cir. 2021) This Court will first address the “clearly established law” prong of the qualified immunity analysis. … Moreover, even if their conduct did amount to a constitutional violation, Defendants Bukowski and Mullarney are still entitled to qualified immunity because it was not clearly established at the time that Plaintiff, as

Hopkins v. City of Gloucester

358 N.J. Super. 271 · New Jersey Superior Court Appellate Division · Mar 12, 2003

possible negligence—it would not establish a showing by plaintiff of knowledge by Mr. … Johnson, he and his employer are immune from suit." *442 We do not agree.

Stone v. Police Department of Keyport

191 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Nov 3, 1983

Plaintiff made the statement in a criminal proceeding to establish a factual basis for his guilty plea to an assault charge arising out of this incident. … We have carefully considered plaintiff’s remaining points and find that they are clearly without merit. R. 2:ll-3(e)(l)(E). Affirmed.

City of Newark v. United States

149 F. Supp. 917 · District Court, D. New Jersey · Apr 5, 1957

Both drivers were thus- clearly negligent. … The negligence of the mail truclc driver, imputable without question to hi* employer, the United States, clearly establishes that judgment on the Government’s counterclaim must be entered for-the City.

Evans v. Elizabeth Police Dept.

190 N.J. Super. 633 · New Jersey Superior Court Appellate Division · May 13, 1983

In particular, the liability of a public employee for injuries caused by his actions is established in N.J.S.A. 59:3-1(a). But this liability is subject to any immunity provided by law, N.J.S.A. 59:3-1(b). … It is unnecessary to determine whether the action of a police officer in negligently making an arrest is a ministerial function or an immunized discretionary activity under N.J.S.A. 59:3-2 as the situation is clearly covered

Wood v. City of Linden

218 N.J. Super. 11 · New Jersey Superior Court Appellate Division · May 26, 1987

We now reverse because plaintiff established a prima facie case. … Clearly, no evidence was presented to allow the jury to deliberate as to them.

Dairy Stores, Inc. v. Sentinel Publishing Co.

104 N.J. 125 · Supreme Court of New Jersey · Oct 21, 1986

Privileges may be “absolute,” which means that the statements are completely immune, or “qualified.” … C In traditional defamation analysis, one difference between absolute and qualified privileges is that an absolute privilege grants complete immunity to the publisher, but a qualified privilege accords immunity only if the

Amantia v. Cantwell

89 N.J. Super. 7 · New Jersey Superior Court Appellate Division · Aug 9, 1965

The legislative history of these statutes, in our judgment, clearly and conclusively establishes that technicians, such as the petitioners, are covered by their provisions. … Scott, 11 N.J. 231 (1953), reaffirmed the long-established principle that the State of New Jersey, its agencies and authorized officials when acting in their official capacities are immune from suit unless there is specific

Ridgeway v. CITY OF WOOLWICH TWP. POLICE DEPT.

924 F. Supp. 653 · District Court, D. New Jersey · Apr 24, 1996

It has been established that "government officials performing discretionary functions generally are shielded from liability for civil damages [in a section 1983 action] insofar as their conduct does not violate clearly established … summary judgment due to the principle of qualified immunity.