In September 2004, New Jersey enacted a state law analogue to the Federal Civil Rights Act, 42 U.S.C. §??1983, creating a private right of action for the violation of substantive rights under federal and state constitutions and laws. Despite the volume of Section 1983 litigation that public entities face, so far surprisingly little case law has addressed New Jersey’s Civil Rights Act (NJCRA).
That changed this summer, with two 4-2 decisions of the state Supreme Court defining substantive rights and awarding attorney fees under the NJCRA. Together, the cases suggest a majority of the court is inclined to make the NJCRA a meaningful remedy, and instruct lower courts not to allow financial consequences to stand in the way of awarding the fees associated with holding public officials to account for incorrect decisions. Disregarding citizens’ substantive rights just got much more costly.
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