Palisades Police Case Shows Answers Are Needed
What training course teaches New Jersey police to act in this manner?
October 17, 2022 at 12:17 PM
4 minute read
The holding of Saint-Jean v. Palisades Interstate Park Comm'n, __ F.4th __, 2022 U.S. App. LEXIS 26697 (3d Cir. Sept. 23, 2022), dismissing appeal from 509 F. Supp. 3d. 87 (D.N.J. 2020), although significant—the opinion is precedential—is not the lede.
The technical, legal issue in Saint-Jean is whether the defendants were cloaked in qualified immunity—as peace officers—and if the Third Circuit (a court of statutorily limited appeal jurisdiction) could entertain the appeal from the district court's interlocutory order denying some defendants' motions to dismiss plaintiff's civil rights claims on grounds of immunity. That is a lot to unpack for a lay readership. But for lawyers, it can be stated simply: the order by the district court denying a motion to dismiss the case against the officers was not a final order, and the order did not qualify for any exception to the finality rule, so the Third Circuit dismissed the appeal. Unless jurisdiction can be perfected on a subsequent appeal, the case will continue through discovery, merits motions, and (possibly) trial. In the process, the facts of potential police misconduct, beyond the mere allegations of the complaint, will be exposed—and that is the real story.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn 2-1 Ruling, Court Clears Way for Decade-Old Wrongful Imprisonment Suit
5 minute readUnion Leader Awarded $662K Judgment Against Employer in Decade-Old Wiretap Suit
5 minute readVirtua Drug Tests Pregnancy Patients Without Consent, NJ Attorney General Alleges in New Suit
3 minute read'Bewitched by the Technology': $300K to Settle Faulty Facial Recognition
4 minute readTrending Stories
- 1Special Series Part 5: The State’s Bond Lock Impermissibly Delegates Legislative Authority
- 2President-Elect Donald Trump Sentenced to Unconditional Discharge
- 3JCPenney Customer's Slip-and-Fall From Bodily Substance Suit Best Left for a Jury to Decide, Judge Rules
- 4Products Liability: The Absence of Other Similar Claims—a Defense or a Misleading Effort to Sway a Jury?
- 5529 Accounts Are Not Your Divorce Piggybank
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250