degree immunity (New Jersey) · Go Syfert
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degree immunity in New Jersey

24 New Jersey opinions name it 2 courts 1957–2021 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

CaseFollowedCited
Malley v. Briggsgreen
scotus · 1986 · cited in 4 New Jersey opinions naming this issue, 1988–2017
2 sentences

2000Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment. [Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396, 410 (1982) (citations and footnote omitted).] In Malley v. Briggs, 475 U.S. 335, 337 , 106 S.Ct. 1092, 1094 , 89 L.Ed.2d 271, 276 (1986), a ease similar to the present case, the Supreme Court considered “the question of the degree of immunity accorded a defendant police

2000Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment. [Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396, 410 (1982) (citations and footnote omitted).] In Malley v. Briggs, 475 U.S. 335, 337 , 106 S.Ct. 1092, 1094 , 89 L.Ed.2d 271, 276 (1986), a ease similar to the present case, the Supreme Court considered “the question of the degree of immunity accorded a defendant police

14
State v. Barrettgreen
njsuperctappdiv · 1979 · cited in 2 New Jersey opinions naming this issue, 1980–2015
2 sentences

2015“Such a search must be reasonable in scope and tailored to the degree of the violation.” State v. Patino, 83 N.J. 1, 12 , 414 A.2d 1327 (1980). “ ‘[A] search to find the registration would be permissible if confined to the glove compartment or other area where registration might normally be kept in a vehicle.’ ” Ibid, (quoting State v. Barrett, 170 N.J.Super. 211, 215 , 406 A.2d 198 (Law Div.1979)); see also State v. Pena-Flores, 198 N.J. 6, 31 , 965 A.2d 114 (2009) (“[W]here there has been a traffic violation and the operator of the motor vehicle is unable to produce proof of registration, a

2015“Such a search must be reasonable in scope and tailored to the degree of the violation.” State v. Patino, 83 N.J. 1, 12 , 414 A.2d 1327 (1980). “ ‘[A] search to find the registration would be permissible if confined to the glove compartment or other area where registration might normally be kept in a vehicle.’ ” Ibid, (quoting State v. Barrett, 170 N.J.Super. 211, 215 , 406 A.2d 198 (Law Div.1979)); see also State v. Pena-Flores, 198 N.J. 6, 31 , 965 A.2d 114 (2009) (“[W]here there has been a traffic violation and the operator of the motor vehicle is unable to produce proof of registration, a

12
Saunderlin v. E.I. Dupont Co.green
nj · 1986 · cited in 2 New Jersey opinions naming this issue, 2008–2011
2 sentences

2011DuPont Co., 102 N.J. 402, 412 [ 508 A.2d 1095 ] (1986).

2011DuPont Co., 102 N.J. 402, 412 [ 508 A.2d 1095 ] (1986).

12
Wildoner v. Borough of Ramseygreen
nj · 2000 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Ed. 2d 271, 276 (1986), . . . the Supreme Court considered "the question of the degree of immunity accorded a defendant police officer in a damages action under 42 U.S.C. § 1983 when it is alleged that the officer caused the plaintiff[] to be unconstitutionally arrested . . . [without] probable cause." [Wildoner v. Borough of Ramsey, 162 N.J. 375, 386 (2000) (second, third and fourth alterations in original).] The Court, concluding that an officer applying for a warrant is entitled to assert qualified but not absolute immunity, observed that the defense of qualified immunity: provides ample pr

11
Patterson v. Board of Trustees, State Police Retirement Systemgreen
nj · 2008 · cited in 1 New Jersey opinions naming this issue, 2017–2017
2 sentences

2017As a result the boards have expressed legitimate concerns about becoming bogged down in litigation over idiosyncratic responses by members to inconsequential mental stressors. [Ibid. (quoting Patterson, supra, 194 N.J. at 48-49 (citation omitted)).] "In response, [the Court] established a high threshold for the award of accidental disability benefits" in Patterson.

2017As a result the boards have expressed legitimate concerns about becoming bogged down in litigation over idiosyncratic responses by members to inconsequential mental stressors. [Ibid. (quoting Patterson, supra, 194 N.J. at 48-49 (citation omitted)).] "In response, [the Court] established a high threshold for the award of accidental disability benefits" in Patterson.

11
State v. Boykinsgreen
nj · 1967 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Super. 370, 380 (App. Div. 1997)). 12 A-4399-14T2 following a traffic violation, "a search of the vehicle for evidence connected with that violation" was permissible if "reasonable in scope and tailored to the degree of the violation." In State v. Boykins, 50 N.J. 73, 77 (1967), the Court noted that "if the operator is unable to produce proof of registration, the officer may search the car for evidence of ownership . . . ." Undoubtedly, we have cautioned against an overly-broad reading of Boykins.

11
In the Matter of Bradygreen
nj · 2009 · cited in 1 New Jersey opinions naming this issue, 2015–2015
1 sentence

2015“Such a search must be reasonable in scope and tailored to the degree of the violation.” State v. Patino, 83 N.J. 1, 12 , 414 A.2d 1327 (1980). “ ‘[A] search to find the registration would be permissible if confined to the glove compartment or other area where registration might normally be kept in a vehicle.’ ” Ibid, (quoting State v. Barrett, 170 N.J.Super. 211, 215 , 406 A.2d 198 (Law Div.1979)); see also State v. Pena-Flores, 198 N.J. 6, 31 , 965 A.2d 114 (2009) (“[W]here there has been a traffic violation and the operator of the motor vehicle is unable to produce proof of registration, a

11
State v. Pena-Floresred
nj · 2009 · cited in 1 New Jersey opinions naming this issue, 2015–2015
1 sentence

2015“Such a search must be reasonable in scope and tailored to the degree of the violation.” State v. Patino, 83 N.J. 1, 12 , 414 A.2d 1327 (1980). “ ‘[A] search to find the registration would be permissible if confined to the glove compartment or other area where registration might normally be kept in a vehicle.’ ” Ibid, (quoting State v. Barrett, 170 N.J.Super. 211, 215 , 406 A.2d 198 (Law Div.1979)); see also State v. Pena-Flores, 198 N.J. 6, 31 , 965 A.2d 114 (2009) (“[W]here there has been a traffic violation and the operator of the motor vehicle is unable to produce proof of registration, a

11
In Re WINSHIPgreen
scotus · 1970 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006See Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979) (observing that burdens of proof serve to “ ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication’ ” (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring))); State v. Oliver, 162 N.J. 580, 590 , 745 A.2d 1165 (2000) (stating same).

2006See Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979) (observing that burdens of proof serve to “ ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication’ ” (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring))); State v. Oliver, 162 N.J. 580, 590 , 745 A.2d 1165 (2000) (stating same).

11
Addington v. Texasgreen
scotus · 1979 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006See Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979) (observing that burdens of proof serve to “ ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication’ ” (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring))); State v. Oliver, 162 N.J. 580, 590 , 745 A.2d 1165 (2000) (stating same).

2006See Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979) (observing that burdens of proof serve to “ ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication’ ” (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring))); State v. Oliver, 162 N.J. 580, 590 , 745 A.2d 1165 (2000) (stating same).

11
Kirk v. City of Newarkgreen
nj · 1988 · cited in 1 New Jersey opinions naming this issue, 2000–2000
2 sentences

2000Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment. [Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396, 410 (1982) (citations and footnote omitted).] In Malley v. Briggs, 475 U.S. 335, 337 , 106 S.Ct. 1092, 1094 , 89 L.Ed.2d 271, 276 (1986), a ease similar to the present case, the Supreme Court considered “the question of the degree of immunity accorded a defendant police

2000Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment. [Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396, 410 (1982) (citations and footnote omitted).] In Malley v. Briggs, 475 U.S. 335, 337 , 106 S.Ct. 1092, 1094 , 89 L.Ed.2d 271, 276 (1986), a ease similar to the present case, the Supreme Court considered “the question of the degree of immunity accorded a defendant police

11
Harlow v. Fitzgeraldgreen
scotus · 1982 · cited in 1 New Jersey opinions naming this issue, 2000–2000
2 sentences

2000Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment. [Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396, 410 (1982) (citations and footnote omitted).] In Malley v. Briggs, 475 U.S. 335, 337 , 106 S.Ct. 1092, 1094 , 89 L.Ed.2d 271, 276 (1986), a ease similar to the present case, the Supreme Court considered “the question of the degree of immunity accorded a defendant police

2000Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment. [Harlow v. Fitzgerald, 457 U.S. 800, 817-18 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396, 410 (1982) (citations and footnote omitted).] In Malley v. Briggs, 475 U.S. 335, 337 , 106 S.Ct. 1092, 1094 , 89 L.Ed.2d 271, 276 (1986), a ease similar to the present case, the Supreme Court considered “the question of the degree of immunity accorded a defendant police

11
Conduit Found. Corp. v. City of Atlantic Citygreen
njsuperctappdiv · 1949 · cited in 1 New Jersey opinions naming this issue, 1992–1992
1 sentence

1992Concerning the "troublesome issue of whether Cataldo exercised reasonable care in the preparation of its bid," the *61 court focused on the word "reasonable" and stated, "[w]hether the negligence of the mistaken party is of such a degree as to bar equitable relief depends in each case on the particular circumstances." Id. at 420-21, 265 A. 2d 842 .

11
Price v. Department of Labor & Industriesgreen
wash · 1984 · cited in 1 New Jersey opinions naming this issue, 1986–1986
2 sentences

1986As the Supreme Court of Washington put it, “[mjedical opinions derived from psychiatric examinations are primarily based on conversations with the patient.” Price v. Department of Labor & Indust., 101 Wash. 2d 520 , 682 P.2d 307, 311 (1984).

1986As the Supreme Court of Washington put it, “[mjedical opinions derived from psychiatric examinations are primarily based on conversations with the patient.” Price v. Department of Labor & Indust., 101 Wash. 2d 520 , 682 P.2d 307, 311 (1984).

11
Levy v. Levygreen
njsuperctappdiv · 1978 · cited in 1 New Jersey opinions naming this issue, 1983–1983
1 sentence

1983See Levy v. Levy, 164 N.J.Super. 542, 554 (Ch.1978).

11
State v. Scanlongreen
njsuperctappdiv · 1964 · cited in 1 New Jersey opinions naming this issue, 1980–1980
2 sentences

1980See State v. Scanlon, supra, 84 N.J.Super. at 434 ; State v. Barrett, 170 N.J.Super. 211, 215 (Law Div. 1979).

1980See State v. Scanlon, supra, 84 N.J.

11
Boyd v. United Statesred
scotus · 1886 · cited in 1 New Jersey opinions naming this issue, 1957–1957
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Dugan v. Dugan green
nj · 1983
2 sentences

2017The other spouse, in this case the wife, is entitled to have that asset considered as any other property acquired during the marriage partnership. [Dugan, supra, 92 N.J. at 434 .] "For purposes of valuing the goodwill of a law practice, the true enhancement to be evaluated is the likelihood of repeat patronage and a certain degree of immunity from competition." Ibid.

2017The other spouse, in this case the wife, is entitled to have that asset considered as any other property acquired during the marriage partnership. [Dugan, supra, 92 N.J. at 434 .] "For purposes of valuing the goodwill of a law practice, the true enhancement to be evaluated is the likelihood of repeat patronage and a certain degree of immunity from competition." Ibid.

21992–2017
State v. Hester green
nj · 2018
1 sentence

2021And in State v. Hester, 233 N.J. 381 (2018), the Court considered whether -- after a 2013 amendment that raised the degree of violation of CSL and mandated conversion from CSL to PSL -- those heightened sanctions could be imposed on individuals who began serving CSL prior to the amendment.

12021–2021
State v. Lark green
njsuperctappdiv · 1999
1 sentence

2017In State v. Lark, 319 N.J.

12017–2017
State v. Patino green
nj · 1980
2 sentences

2015“Such a search must be reasonable in scope and tailored to the degree of the violation.” State v. Patino, 83 N.J. 1, 12 , 414 A.2d 1327 (1980). “ ‘[A] search to find the registration would be permissible if confined to the glove compartment or other area where registration might normally be kept in a vehicle.’ ” Ibid, (quoting State v. Barrett, 170 N.J.Super. 211, 215 , 406 A.2d 198 (Law Div.1979)); see also State v. Pena-Flores, 198 N.J. 6, 31 , 965 A.2d 114 (2009) (“[W]here there has been a traffic violation and the operator of the motor vehicle is unable to produce proof of registration, a

2015“Such a search must be reasonable in scope and tailored to the degree of the violation.” State v. Patino, 83 N.J. 1, 12 , 414 A.2d 1327 (1980). “ ‘[A] search to find the registration would be permissible if confined to the glove compartment or other area where registration might normally be kept in a vehicle.’ ” Ibid, (quoting State v. Barrett, 170 N.J.Super. 211, 215 , 406 A.2d 198 (Law Div.1979)); see also State v. Pena-Flores, 198 N.J. 6, 31 , 965 A.2d 114 (2009) (“[W]here there has been a traffic violation and the operator of the motor vehicle is unable to produce proof of registration, a

12015–2015
Ehteshamfar v. UTA Engineered Systems Div. green
iowa · 1996
1 sentence

2007Although tinnitus is often accompanied by a degree of hearing loss, it is, as the Iowa Supreme Court aptly characterized it, "a separate and distinct injury." Ehteshamfar v. UTA Engineered Systems, supra, 555 N.W. 2d at 453 .

12007–2007
State v. Hurtado green
njsuperctappdiv · 1987
2 sentences

2007Cf. State v. Hurtado, 219 N.J.Super. 12, 23-28 , 529 A. 2d 1000 (App.Div.1987) (Skillman, J.A.D., dissenting), rev'd o.b. on dissent, 113 N.J. 1 , 549 A. 2d 428 (1988) (discussing authority of police to arrest for municipal ordinance violation).

2007Cf. State v. Hurtado, 219 N.J.Super. 12, 23-28 , 529 A. 2d 1000 (App.Div.1987) (Skillman, J.A.D., dissenting), rev'd o.b. on dissent, 113 N.J. 1 , 549 A. 2d 428 (1988) (discussing authority of police to arrest for municipal ordinance violation).

12007–2007
State v. Hurtado green
nj · 1988
2 sentences

2007Cf. State v. Hurtado, 219 N.J.Super. 12, 23-28 , 529 A. 2d 1000 (App.Div.1987) (Skillman, J.A.D., dissenting), rev'd o.b. on dissent, 113 N.J. 1 , 549 A. 2d 428 (1988) (discussing authority of police to arrest for municipal ordinance violation).

2007Cf. State v. Hurtado, 219 N.J.Super. 12, 23-28 , 529 A. 2d 1000 (App.Div.1987) (Skillman, J.A.D., dissenting), rev'd o.b. on dissent, 113 N.J. 1 , 549 A. 2d 428 (1988) (discussing authority of police to arrest for municipal ordinance violation).

12007–2007
State v. Oliver green
nj · 2000
2 sentences

2006See Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979) (observing that burdens of proof serve to “ ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication’ ” (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring))); State v. Oliver, 162 N.J. 580, 590 , 745 A.2d 1165 (2000) (stating same).

2006See Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979) (observing that burdens of proof serve to “ ‘instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication’ ” (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring))); State v. Oliver, 162 N.J. 580, 590 , 745 A.2d 1165 (2000) (stating same).

12006–2006
Chatman v. Hall green
nj · 1992
2 sentences

1999However, in 1994 in response to this Court’s ruling in Chatman v. Hall, 128 N.J. 394 , 608 A.2d 263 (1992), that held that the notice requirements of the TCA are not applicable to actions brought against public employees, the Legislature amended the Act to extend to public employees the same degree of immunity the Act grants to public entities.

1999However, in 1994 in response to this Court’s ruling in Chatman v. Hall, 128 N.J. 394 , 608 A.2d 263 (1992), that held that the notice requirements of the TCA are not applicable to actions brought against public employees, the Legislature amended the Act to extend to public employees the same degree of immunity the Act grants to public entities.

11999–1999
Cataldo Constr. Co. v. County of Essex green
njsuperctappdiv · 1970
1 sentence

1992Concerning the "troublesome issue of whether Cataldo exercised reasonable care in the preparation of its bid," the *61 court focused on the word "reasonable" and stated, "[w]hether the negligence of the mistaken party is of such a degree as to bar equitable relief depends in each case on the particular circumstances." Id. at 420-21, 265 A. 2d 842 .

11992–1992
Ellis v. Blum green
ca2 · 1981
1 sentence

1981In Ellis v. Blum, 643 F. 2d 68 (2 Cir.1981), the court found no reason for a different rule of damages when a due process claim is brought directly under the Federal Constitution instead of a statute such as § 1983.

11981–1981
Wood v. Strickland green
scotus · 1975
1 sentence

1976Observing that liability for every action found subsequently to have been violative of a student's constitutional rights and to have caused compensable injury would unfairly impose upon the school decision maker the burden of mistakes made in good faith in the course of exercising his discretion within the scope of his official duties, the court explained: *134 We think there must be a degree of immunity if the work of the schools is to go forward; and, however worded, the immunity must be such that public school officials understand that actions taken in the good-faith fulfillment of their re

11976–1976
Crane v. Bielski green
nj · 1954
1 sentence

1970In Crane, supra, the court made these comments: There are many instances in which the equity courts have in their discretion refused relief where there was negligence on the part of him by whom the doctrine of mistake was invoked. * * * But in Murray v. D'Orsi, 98 N.J.

11970–1970
Murray v. D'Orsi green
njch · 1925
1 sentence

1970In Crane, supra, the court made these comments: There are many instances in which the equity courts have in their discretion refused relief where there was negligence on the part of him by whom the doctrine of mistake was invoked. * * * But in Murray v. D'Orsi, 98 N.J.

11970–1970

Where else courts name it

TX 65 (1974–2026) LA 33 (1959–2026) NJ 24 (1957–2021) IL 17 (1969–2023) MA 17 (1981–2025) NY 16 (1911–2012) IA 13 (1985–2024) MD 13 (1958–2022) MI 11 (1968–2018) CA 11 (1979–2018) PA 11 (2003–2020) OH 10 (1991–2023) OK 9 (2007–2022) FL 7 (1958–2011) WV 7 (1933–2001) WI 7 (1977–2023) WA 7 (1967–2016) KY 7 (1967–2024) DC 7 (1981–2000) GA 6 (1888–2014) SD 5 (2019–2024) MO 5 (1985–2021) VT 4 (2020–2023) NE 4 (1941–2015) AZ 4 (1986–2007) HI 4 (1972–2023) ME 3 (1980–2011) AL 3 (1935–1979) OR 3 (1981–2022) NH 3 (1979–2001) TN 3 (2000–2013) NC 3 (1989–2016) VA 3 (1987–1997) NM 3 (1995–2026) CT 3 (1975–2018) MN 2 (2010–2015) CO 2 (1985–1986) ID 2 (1985–1988) IN 2 (2006–2024) KS 2 (2012–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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