tax calculator – ©Nishihama – stock.adobe.com Qualified Immunity Poses a High Bar
A recent New Jersey Supreme Court ruling shows, in a context far removed from law enforcement, how clear existing law must be, and how egregious the violation, to overcome an official's defense of qualified immunity.
July 11, 2021 at 10:00 AM
3 minute read
It is often difficult to thread the needle of the qualified immunity defense, which requires that a public official not only violate the law but do so by conduct "objectively unreasonable" in light of clearly established law. Our Supreme Court's decision in Winberry Real Estate Assocs. v. Boro of Rutherford, while not breaking new ground, shows just how narrow the eye of the needle is.
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