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Civil Rights

Lefemine v. Wideman

Wednesday, November 14, 2012

A demonstrator who sued under 42 U.S.C. § 1983, in part to secure an injunction to protect himself from police officers' threat of sanctions, and who succeeded in removing that threat, is a "prevailing party" and should ordinarily recover an attorney's fee under 42 U.S.C. § 1988 unless a court finds special circumstances would render such an award unjust.

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Ramos v. Flowers

Wednesday, September 26, 2012

The affirmative defense of qualified immunity is applicable to claims for money damages under the Civil Rights Act but not to claims for injunctive relief; the defense is not available to defendant-police officer on motion for summary judgment.

Heightened Independence and Progress Inc. v. The Port Authority of New York and New Jersey

Thursday, September 13, 2012

The Port Authority of New York and New Jersey is not required to make modifications to the Grove Street Station to bring it into compliance with the ADA.

Greenberg v. New Jersey State Police Trooper Pryszlak

Friday, June 29, 2012

Summary judgment was inappropriate on plaintiff's claims arising from his arrest by a New Jersey state trooper based on suspicion that he had passed a bad check.

Reichle v. Howards

Wednesday, June 6, 2012

Secret Service agents are entitled to qualified immunity here because, at the time of respondent's arrest, it was not clearly established that an arrest supported by probable cause could give rise to a First Amendment violation.

Stoney v. Maple Shade Township

Thursday, May 17, 2012

Claims for injunctive relief under Title II of the ADA and the LAD require a balancing of the competing claims of injury, the effect on each party and the public interest.