Tag: Section 1983

First responders

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

Local Finance Notice Addresses Municipal Levy Cap Referendum Procedures

Actual Exercise of First Amendment Rights Required for Section 1983 Retaliation Claim

The Third Circuit Court of Appeals recently considered whether a public employee could be disciplined for his perceived exercise of First Amendment rights. In Heffernan v. City of Paterson, the appeals court held that the individual must provide some evidence that he or she actually exercised those constitutional rights in

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