AmeriCare Emergency Med. Serv. v. Orange Twp.

After inspecting AmeriCare’s fleet of emergency medical vehicles, the State’s Department of Health, Office of Emergency Medical Services (OEMS) suspended the plaintiff’s license to operate. Before exhausting administrative remedies, AmeriCare filed an order to show cause for injunctive relief under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (CRA). The trial court granted relief, in part. And the OEMS appealed. The Appellate Division held that the CRA does not require a party to exhaust administrative remedies. Nonetheless, to invoke jurisdiction, a plaintiff cannot simply use the Law Division to collaterally attack an administrative decision. The Court found that to be the case in the instant matter and held that there was no jurisdiction in the Law Division.

Americare-v.-Orange-Twp