Tag: Qualified immunity

NJ Supreme Court Rejects Calls for Automatic Qualified Immunity Appeals

NJ Supreme Court Rejects Calls for Automatic Qualified Immunity Appeals

Police officers accused of misconduct do not have an automatic right to appeal an order denying qualified immunity in an action under the New Jersey Civil Rights Act (NJCRA), according to a recent decision by the Supreme Court of New Jersey. Rather, a defendant seeking to challenge a trial court’s

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NJ Supreme Court Rules Police Officers Entitled to Qualified Immunity from Civil Rights Claims

In Morillo v. Monmouth County Sheriff Officers, the New Jersey Supreme Court held that government officials were entitled to qualified immunity for civil rights claims arising under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-2 and the federal Civil Rights Act of 1871, 42 U.S.C. 1983. Most importantly, especially

Fourth Circuit Rules State Officials Can Be Held Liable for “Occupy” Arrests

Fourth Circuit Rules State Officials Can Be Held Liable for “Occupy” Arrests

While the “Occupy” movement has died down, the legal controversy over protestor arrests has not. In December, the Court of Appeals for the Fourth Circuit ruled that South Carolina Governor Nikki Haley and other state officials are not immune from claims by Occupy Columbia protestors who were arrested for camping