Case law

Kelty v. State

321 N.J. Super. 84 · New Jersey Superior Court Appellate Division · May 6, 1999

To pierce the qualified immunity of N.J.S.A 59:3-3, a claimant must prove more than ordinary negligence and, generally, the question of good faith will present a question of fact; however, summary judgment is appropriate … if the officer establishes that his or her acts were objectively reasonable or were performed with subjective good faith.

United States v. A Parcel of Land

742 F. Supp. 189 · District Court, D. New Jersey · Jul 13, 1990

The first criteria is clearly satisfied here. All of the significant issues involved in this case have been resolved as a matter of law. The issues are also controlling and some involve constitutional questions. … Although the question of whether testimony compelled under a grant of immunity may be used in civil forfeiture proceedings is also somewhat novel, I found that the government had established probable cause for the forfeiture

Johnson v. Essex County

223 N.J. Super. 239 · New Jersey Superior Court Appellate Division · Apr 30, 1987

Clearly, the Township is immune herein for approving subdivisions and granting building permits. … Since the actions taken by the Township, sub judice were clearly discretionary actions, N.J.S.A. 59:2-5 cloaks the Township with tort immunity for injury arising from those actions.

Cali v. NJ STATE COMM. OF INVEST.

63 N.J. 310 · Supreme Court of New Jersey · Jul 5, 1973

Leshowitz was later granted immunity by the Commission ( N.J.S.A. 52:9M-17) and as a result any suggestion of confidentiality grounded on the writing clearly has no substance. Mr. … Immunity was forthcoming and any confidentiality by virtue of the agreements was clearly removed. There were oral statements by Mr.

Dixon v. Rutgers, the State University of NJ

110 N.J. 432 · Supreme Court of New Jersey · May 25, 1988

This legislative action clearly shows the intent to eliminate discrimination in all of the State's universities, be they public or private. … We are satisfied that Dixon demonstrated her ability to establish a prima facie case.

JANE DOE VS. RICHARD BURKE (L-0389-18, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 17, 2021

The trial court concluded that both were entitled to the defense of qualified immunity because it found the communication to the press did not violate clearly established rights. … clearly established statutory or constitutional rights of which a reasonable person would have known.'"

GOTTSHALL-WRIGHT v. STATE OF NEW JERSEY

District Court, D. New Jersey · May 1, 2023

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … “[U]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Oliver v.

STABILE v. CONKLIN

District Court, D. New Jersey · Aug 12, 2020

the violated constitutional right was clearly established in the specific context of the case. … Consequently, “qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Thomas v.

Kanengiser v. Kanengiser

248 N.J. Super. 318 · New Jersey Superior Court Appellate Division · Mar 14, 1991

The statements in the Span letter clearly satisfy both prongs of this test. … The opinion clearly establishes that this was the law in the State of New Jersey since 1981, and also indicates that because of your dual role you would actually forfeit the real estate commission, even if you had been a

LOUIS v. STATE OF NEW JERSEY DEPARTMENT OF TREASURY

District Court, D. New Jersey · Jun 16, 2023

constitutional right is clearly established.” … While absolute immunity applies, the Court will also address qualified immunity.

Clarken v. United States

791 F. Supp. 1029 · District Court, D. New Jersey · Feb 19, 1991

But clearly the occurrence of an emergency will not invoke the immunity, if it was the doctor’s duty to respond to the emergency.” Clayton v. Kelly, 183 Ga.App. 45, 47 , 357 S.E.2d 865 (1987). … The Ninth Circuit stated that such reliance upon Lee was misplaced because the Good Samaritan statute had been amended in Alaska, changing the qualifying actor from “a person who, without expecting compensation, renders care

K.D. v. Bozarth

313 N.J. Super. 561 · New Jersey Superior Court Appellate Division · Jun 29, 1998

In so arguing, K.D. relies on the “contempt” references in the order to show cause and sentencing sheet, insisting that they conclusively establish that Judge Bozarth found K.D. guilty of a newly charged criminal offense … Whether that be labelled a contempt proceeding (as Judge Holston assumed for motion purposes), or instead a resentencing under the municipal-court statute (N.J.S.A. 2B:12-23), Judge Bozarth clearly had general subject matter

Phillips v. Westfield Bd. of Adjustment

44 N.J. Super. 491 · New Jersey Superior Court Appellate Division · Apr 11, 1957

That decision is clearly applicable here. Another consideration supports the same reasoning. … We think the statutory language clearly imports the latter alternative.

WOODWARD v. TAMBINI

District Court, D. New Jersey · Mar 26, 2025

Qualified Immunity The doctrine of qualified immunity “shields officials from civil liability insofar as their conduct does not violate clearly established statutory or constitutional … Defendants also asserted they are entitled to qualified immunity on this claim.

McGlynn v. Grosso

114 N.J.L. 540 · Supreme Court of New Jersey · Apr 4, 1935

The question is not so much as to Grosso’s title as touching that of McGlynn; for if he was lawfully appointed and qualified, that disposes of any claim on the part of Gro'sso. … As he was immune to attack until that date, it may be that either resolution, or both, could have been challenged by certiorari. No such challenge seems to have been made.

Gerber v. Springfield Bd. of Educ.

328 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Feb 3, 2000

See Denis, supra, 307 N.J.Super. at 318 , 704 A. 2d 1003 (finding that where plaintiff was unable to establish the permanency of her condition, damages were unrecoverable). … And I don't find as a matter of law that hidden indentation would qualify, although it is undoubtedly permanent [,] as a disfigurement or impairment.

DAVIS v. BURKE

District Court, D. New Jersey · Aug 29, 2023

“Qualified immunity shields government officials from personal liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … right at issue was clearly established at the time of the alleged violation.

City of Newark v. Essex County Board of Taxation

309 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Apr 8, 1998

The process by which a taxpayer may obtain an abatement is established in N.J.S.A 54:4-3.141 which provides in relevant part: The governing body of a qualified municipality may, by ordinance, determine that one or more areas … This is clearly not what the Legislature intended.

Weinberg v. Dinger

106 N.J. 469 · Supreme Court of New Jersey · Apr 2, 1987

Jeffries, 93 N.J. 533 (1983) (parental immunity); Merenoff v. Merenoff, 76 N.J. 535 (1978) (interspousal immunity); Willis v. … Rejecting the subrogation claims, the Wisconsin Supreme Court noted: Clearly, if the respondents were allowed to recover from the city, they would in a sense be recouping their losses from their insureds.

D.O. ex rel C.O. v. Borden

804 F. Supp. 2d 210 · District Court, D. New Jersey · Mar 31, 2011

Defendants also contend that Edward Borden is shielded from Plaintiffs' Section 1983 claims pursuant to the doctrine of qualified immunity. … Oct. 23, 2009) ("It is well-established that municipalities ... are immune from punitive damages under § 1983.” (citing City of Newport v.