2. a. If a person, whether or not acting under color of law, subjects or causes to be subjected any other person to the deprivation of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney's fees and costs to the Attorney General. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
b. If a person, whether or not acting under color of law, interferes or attempts to interfere by threats, intimidation or coercion with the exercise or enjoyment by any other person of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney's fees and costs to the Attorney General. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection. c. Any person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, or whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted to be interfered with, by threats, intimidation or coercion by a person acting under color of law, may bring a civil action for damages and for injunctive or other appropriate relief. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
d. An action brought pursuant to this act may be filed in Superior Court. Upon application of any party, a jury trial shall be directed.
e. Any person who deprives, interferes or attempts to interfere by threats, intimidation or coercion with the exercise or enjoyment by any other person of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State is liable for a civil penalty for each violation. The court or jury, as the case may be, shall determine the appropriate amount of the penalty. Any money collected by the court in payment of a civil penalty shall be conveyed to the State Treasurer for deposit into the State General Fund.
f. In addition to any damages, civil penalty, injunction or other appropriate relief awarded in an action brought pursuant to subsection c. of this section, the court may award the prevailing party reasonable attorney's fees and costs.
Notes of Decisions
Daniel Tumpson v. James Farina (072813), 95 A.3d 210 (N.J. 2014).
· cites it 37× “40:69A-185, is a substantive right protected by N.J.S.A. 10:6-2. We start, as we must, with the plain language of the relevant provisions of the Civil Rights Act.”
Lorraine Gormley v. Latanya Wood-El (069717), 93 A.3d 344 (N.J. 2014).
· cites it 5× “§ 1983 , and the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c), alleging that her constitutional right to be free from state-created danger was violated.”
Harz v. Borough of Spring Lake, 191 A.3d 547 (N.J. 2018).
· cites it 4× “**330 Subsection (c) of N.J.S.A. 10:6-2 provides in part: "Any person who has been deprived of .”
Lawrence Thomas v. Cumberland Cnty., 749 F.3d 217 (3rd Cir. 2014).
· cites it 2× “§ 1983 and the New Jersey Civil Rights Act, N.J. Stat. Ann. § 10:6-2 , after he sustained an attack at the hands of other inmates at the Cumberland County Correctional Facility (the “CCCF”).”
Richmond Lapolla v. Cnty. of Union, 157 A.3d 458 (N.J. Super. Ct. App. Div. 2017).
· cites it 2× “[N.J.S.A. 10:6-2(c).] A plaintiff who alleges retaliation for political affiliation must show: (1) he was "employed at a public agency in a position that does not require political affiliation"; (2) he was "engaged in constitutionally protected conduct"; and (3) the conduct was…”
Coles v. Carlini, 162 F. Supp. 3d 380 (D.N.J. 2015).
· cites it 4× “) N.J.S.A. 10:6-2 provides a cause of action for “[ajny person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities…”
George Falcone v. Neil Dickstein, 92 F.4th 193 (3rd Cir. 2024).
· cites it 2× “C § 1983 and the New Jersey Civil Rights Act (“NJCRA”), N.J. Stat. Ann. § 10:6-2 (c), against the Superintendent of Freehold Public Schools, various members of the Freehold Township Board of Education (“BOE” or “Board”), as well as the Freehold Township Police Department and one…”
Major Tours, Inc. v. Colorel, 799 F. Supp. 2d 376 (D.N.J. 2011).
· cites it 4× “Count IV is a claim pursuant to the New Jersey Civil Rights Act (NJCRA), N.J. Stat. Ann. § 10:6-2 (e), (e) arguing that all of the Defendants deprived Plaintiffs of their due process rights and equal protection rights under the N.”
Corey Bland v. City of Newark, 900 F.3d 77 (3rd Cir. 2018).
“§ 1983 ; N.J. Stat. Ann. § 10:6-2 (c). Defendants removed the case to federal court and sought summary judgment, claiming qualified immunity.”
Byron Halsey v. Frank Pfeiffer, 750 F.3d 273 (3rd Cir. 2014).
“§ 1983 predicated on federal constitutional law as well as supplemental counts under N.J. Stat. Ann. § 10:6-2 , et seq. 7 When the District Court granted Pfeiffer and Lynch summary judgment it said that they were entitled to qualified immunity from Halsey’s action.”
Francisco Didiano v. Karen Balicki, 488 F. App'x 634 (3rd Cir. 2012).
· cites it 3× “” He also asserted a claim under the New Jersey Civil Rights Act (“NJCRA”), N.J.S.A. § 10:6-2, for violations of the New Jersey state constitution under these same theories.”
— N.J. Stat. § 10:6-2(0) — 1 case
— N.J. Stat. § 10:6-2(C) — 1 case
— N.J. Stat. § 10:6-2(a) — 3 cases
— N.J. Stat. § 10:6-2(b) — 1 case
— N.J. Stat. § 10:6-2(c) — 151 cases
Daniel Tumpson v. James Farina (072813), 95 A.3d 210 (N.J. 2014).
“40:69A-185, is a substantive right protected by N.J.S.A. 10:6-2. We start, as we must, with the plain language of the relevant provisions of the Civil Rights Act.”
Lorraine Gormley v. Latanya Wood-El (069717), 93 A.3d 344 (N.J. 2014).
“§ 1983 , and the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c), alleging that her constitutional right to be free from state-created danger was violated.”
Richmond Lapolla v. Cnty. of Union, 157 A.3d 458 (N.J. Super. Ct. App. Div. 2017).
“[N.J.S.A. 10:6-2(c).] A plaintiff who alleges retaliation for political affiliation must show: (1) he was "employed at a public agency in a position that does not require political affiliation"; (2) he was "engaged in constitutionally protected conduct"; and (3) the conduct was…”
Harz v. Borough of Spring Lake, 191 A.3d 547 (N.J. 2018).
“**330 Subsection (c) of N.J.S.A. 10:6-2 provides in part: "Any person who has been deprived of .”
— N.J. Stat. § 10:6-2(c)(1) — 1 case
— N.J. Stat. § 10:6-2(d) — 1 case
— N.J. Stat. § 10:6-2(e) — 5 cases
— N.J. Stat. § 10:6-2(f) — 25 cases
Daniel Tumpson v. James Farina (072813), 95 A.3d 210 (N.J. 2014).
“40:69A-185, is a substantive right protected by N.J.S.A. 10:6-2. We start, as we must, with the plain language of the relevant provisions of the Civil Rights Act.”
Harz v. Borough of Spring Lake, 191 A.3d 547 (N.J. 2018).
“**330 Subsection (c) of N.J.S.A. 10:6-2 provides in part: "Any person who has been deprived of .”
Coles v. Carlini, 162 F. Supp. 3d 380 (D.N.J. 2015).
“) N.J.S.A. 10:6-2 provides a cause of action for “[ajny person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities…”
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