Legal Opinion
Eric Morillo v. Monmouth County Sheriff's
Supreme Court of New Jersey
Decided July 13, 2015No. A-88-13PublishedCited by 51 opinions
1Opinion of the CourtJustice LaVECCHIA
The doctrine of qualified immunity shields law enforcement officers from personal liability for civil rights violations when the officers are acting under color of law in the performance of official duties. This protection extends to suits brought under 42 U.S.C.A. § 1983 and under New Jersey’s analogue, the Civil Rights Act, N.J.S.A. 10:6-1 to -2. As both federal and state case law on this immunity doctrine recognize, members of law enforcement must be permitted to perform their duties without being encumbered by the specter of being sued personally for damages, unless their performance is…
2Cases cited25 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Pearson v. CallahanSupreme Court of the United States · 2009
- Malley v. BriggsSupreme Court of the United States · 1986
- District of Columbia v. HellerSupreme Court of the United States · 2008
- McDonald v. City of ChicagoSupreme Court of the United States · 2010
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3Cited by51 opinions
- Geronimo Lozano v. State of New JerseyCourt of Appeals for the Third Circuit · 2021
- Denise Brown v. State of New Jersey (076656) (Cumberland County and Statewide)Supreme Court of New Jersey · 2017
- Gregory Baldwin v. City of Estherville, Iowa Matt Reineke, Individually and in His Official Capacity as an Officer of the Estherville Police Department and Matt Hellickson, Individually and in His Official Capacity as an Officer of the Estherville Police DepartmentSupreme Court of Iowa · 2018
- Neighborhoods v. GuadagnoNew Jersey Superior Court Appellate Division · 2018
- RADIATION DATA, INC. VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (L-1260-16, SOMERSET COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
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