The plaintiffs brought this action under the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2, and 42 U.S.C. §§ 1983 and 1985, alleging that the Tax Collector and the Borough violated their constitutional, statutory, and common law rights to reclaim their property. The trial court granted summary judgment to the defendants, finding that … Read more
In Peroza-Benitez v. Smith, Plaintiff sued members of the City of Reading Police Department pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the Fourth and Fourteenth Amendments of the U.S. Constitution. Plaintiff also asserted battery claims under Pennsylvania common law. Defendants moved for summary judgment on the grounds of qualified immunity, … Read more
In Williams v. City of York, the 3rd Circuit ruled that three police officers were entitled to qualified immunity for claims of false arrest and excessive force.
In Baskin v. Martinez, Justice Albin of the NJ Supreme Court delivered a ruling on a hot-button issue: qualified immunity. In the case, a Camden detective chased an armed suspect. When the chase ended, the detective and the suspect gave conflicting accounts on how it ended. The suspect claimed he faced the detective, hands over … Read more
#QualifiedImmunity #ClearlyEstablished #1983 4/21/2020 — This 1983 suit was brought as a result of a state trooper shooting and killing an armed suspect. Prior to engaging with the suspect, who the trooper knew was armed, had just violated a restraining order, and was not taking medication for mental health conditions. When the trooper engaged the … Read more