Case law

REYES-MARCELINO v. THE BOROUGH OF PARAMUS

District Court, D. New Jersey · Nov 28, 2022

Accordingly, to overcome Officer Nutland’s qualified immunity, the law must clearly establish that Officer Nutland could not fire his weapon under these circumstances. … The Supreme Court held that the officer was entitled to qualified immunity because the law did not clearly establish that “shoot[ing] a disturbed felon, set on avoiding capture through vehicular flight, when persons in

Perona v. Township of Mullica

270 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Jan 14, 1994

Even when one of the Act's provisions establishes liability, that liability is ordinarily negated if the public entity possesses a corresponding immunity." Id. at 408 , 541 A. 2d 1029 (quoting Kolitch v. … And that being so, I believe that the officers, in their determination, enjoy an absolute, as oppose to a qualified type of immunity with respect to this.

State v. Mara

253 N.J. Super. 204 · New Jersey Superior Court Appellate Division · Jan 8, 1992

The immunity provided by N.J.S.A. 45:1-20 is not self-executing. … The judge found that he was clearly convinced that the aggravating factors substantially outweighed the mitigating factors.

Rescigno v. Picinich

151 N.J. Super. 587 · New Jersey Superior Court Appellate Division · Jun 30, 1977

immunity, charitable immunity and public employee immunity. … To effectuate such a change the legislative intent must be clearly and plainly expressed. Fivehouse v. Passaic Valley Water Comm'n, 127 N.J. Super. 451, 456 (App. Div. *599 1974); De Fazio v. Haven S. & L.

Essex Council No. 1, New Jersey Civil Service Ass'n v. Gibson

114 N.J. Super. 576 · New Jersey Superior Court Appellate Division · May 7, 1971

Notwithstanding plaintiffs’ failure to pursue administrative remedies within the Civil Service establishment, the court will accept the controversy. … In the sense that it reflects a devaluation of their working time, it is as clearly a reduction in position as if their salaries had been decreased for the 30-hour week.

Collins v. Union County Jail

150 N.J. 407 · Supreme Court of New Jersey · Jul 15, 1997

That statute establishes a rule of absolute immunity when the threshold requirement is not met for certain categories of injuries. … Clearly such an indifference does not exist, as evidenced by legislation defining personal injury so as to include psychological harm.

CIVALIER BY CIVALIER v. Estate of Trancucci

138 N.J. 52 · Supreme Court of New Jersey · Oct 20, 1994

Thus, because the Court qualified its ruling in Hoy by emphasizing the absence of reliance by either driver, the codification of Hoy does not automatically bar suit against the public bodies in this case. B. … Whereas Weiss concerned the initial implementation of the discretionary decision to place a traffic signal at a railroad crossing, for which N.J.S.A. 59:4-5 clearly immunizes public entities, see Kolitch, supra, 100 N.J.

American Fire & Casualty Co. v. Director, Division of Taxation

21 N.J. Tax 155 · New Jersey Tax Court · Dec 2, 2003

In Kemp, supra, 147 N.J. 294 , 687 A.2d 715 , our Supreme Court found that a grant of immunity contained in the Tort Claims Act (TCA) was “clearly inconsistent” with a qualified immunity granted under N.J.S.A. 26:11-12. … Based on this analysis, the Court concluded that the Legislature did not intend that immunity from liability should depend on good faith and held that the general grant of good faith immunity in N.J.S.A. 26:11-12 was “irreconcilably

Foldi v. Jeffries

93 N.J. 533 · Supreme Court of New Jersey · Jul 13, 1983

Our decision in Small clearly reaffirmed our general disapproval of the parental immunity doctrine in France : The reasoning and tenor of Justice Proctor’s opinion in France ... leave no room for doubt that he and those who … And unlike an intentional tort, “wanton or willful misconduct does not require the establishment of a positive intent to injure.” Tabor v. O’Grady, 61 N.J.Super. 446, 451 (App.Div.1960).

In Re Ippolito

75 N.J. 435 · Supreme Court of New Jersey · Feb 22, 1978

Such immunity was not granted although the SCI had statutory power to grant “use and fruits” immunity 2 from criminal prosecution or penalty. N. J. S. … The Appellate Division held that more must be established before a determination of self-incrimination can be made.

Eastern, Inc. v. Shelly's of Delaware, Inc.

721 F. Supp. 649 · District Court, D. New Jersey · Sep 8, 1989

Defendant United States Postal Service (“USPS”) is an independent establishment of the executive branch of the government of the United States. … Allowing subcontractors to proceed directly to district court would clearly produce the same problems Congress sought to foreclose.

Pandya v. State

375 N.J. Super. 353 · New Jersey Superior Court Appellate Division · Feb 28, 2005

He did not consider himself qualified to determine whether something represented a dangerous condition. … Only the Luz accident clearly represented an accident similar to Rahul’s, and there is no *372 assertion that corrective action should have been undertaken in the twelve hours between the two accidents.

Mesivta Ohr Torah Lakewood v. Township of Lakewood

24 N.J. Tax 314 · New Jersey Tax Court · Dec 10, 2008

[I bid. 1 Once plaintiff establishes that the property is owned by an entity that operates a house of worship, plaintiff must establish four factors to qualify for the exemption: (1) the residence must be occupied as a parsonage … Justice (then Judge) Long reasoned that the property owner was not entitled to charitable immunity because it “was not created to lessen the burden on government” which ordinarily justifies the immunity “but to obtain as

Fluehr v. City of Cape May

159 N.J. 532 · Supreme Court of New Jersey · May 26, 1999

In effect, this provision contemplates both qualified immunity and limited liability in respect of the supervision over public property. … As illustrated by the *1050 facts in Tice , the Tice rule establishes the predominance of sovereign immunity when the bases of both liability and immunity derive from the same injurious conduct.

LYLES

District Court, D. New Jersey · Feb 2, 2026

[O]nce the defendant[] ha[s] started things off by raising qualified immunity, who has to come forward and show what the “clearly … then the defendant gets qualified immunity.

Buono v. Scalia

179 N.J. 131 · Supreme Court of New Jersey · Mar 29, 2004

The parent is clearly in the best position to know the limitations and capabilities of his or her own children. These intangibles cannot be adequately conveyed within the formal atmosphere of a courtroom. … It is further well-established that "[w]hen ... a rule is the product of a conceptualism long ago discarded, is universally criticized by scholars, and has been qualified or abandoned in many jurisdictions, it should receive

Richter v. Oakland Bd. of Educ.

459 N.J. Super. 400 · New Jersey Superior Court Appellate Division · Jun 11, 2019

Citing Victor , the Court ruled: To establish a failure-to-accommodate claim under the LAD, a plaintiff must demonstrate that he or she (1) "qualifies as an individual with a disability, or [ ] is perceived as having a disability … Clearly, actions that affect wages, benefits, or result in direct economic harm qualify.

New Jersey Educational Facilities Authority v. Gruzen Partnership

125 N.J. 66 · Supreme Court of New Jersey · Jul 22, 1991

When analyzing the enabling statute of an entity, “it may be said to be a fundamental rule of construction that what is not clearly granted by the state is withheld and that statutes permitting suits against the state, being … Hence, we believe that the fairest course to all is to adhere to the principles of decision that this Court established in Willis and P T & L Construction Co.

Stone v. Wyckoff

102 N.J. Super. 26 · New Jersey Superior Court Appellate Division · Jul 16, 1968

By then all the registered signatories would be qualified to vote. By "qualified" the statute as a matter of good sense must be deemed to mean registered, and qualified by the time the election will have been held. … The specific causes for removal given in the instant petitions are clearly adequate. Ibid.

Schultz v. Roman Catholic Archdiocese of Newark

95 N.J. 530 · Supreme Court of New Jersey · Mar 19, 1984

The purpose of the second section was not to add another species of wrongful conduct that would qualify for the immunity, namely, entity or managerial negligence as opposed to employee-servant negligence. … The earliest English decisions that established the charitable immunity doctrine did not stress general notions of prevailing public policy as the underlying reason for the rule.