Schneider v. Simonini

I concur in the majority’s formulation of procedures to be used in deciding the issue of qualified immunity in actions brought under 42 U.S.C.A. § 1983 (Section 1983). I refer specifically to the Court’s approach in respect of disputed material facts; that approach is sound and resolves a question confronted by other jurisdictions.

With regard to defendant Simonini, I conclude that he is entitled to qualified immunity under the “reasonable belief’ prong of the federal test as applied in Kirk v. City of Newark, 109 N.J. 173, 536 A.2d 229 (1988), and other cases. Defendant acted upon the advice…