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How Many Days After A Decision Altering Binding Precedent is the New Decision Considered Clearly Established Law?

This is an issue that has been presented   recently across several circuits. In a recent decision from the Eleventh Circuit Court Appeals, that Court found that nine (9) days between a decision and the subject incident was sufficient such that the law was “clearly established.” See, e.g., O’Kelley v. Craig, 2019 U.S. App. LEXIS 20999, Read More

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The New Jersey Supreme Court Rules that MVR Recordings Constituted Criminal Investigatory Records and thus were Not Required to be Produced Pursuant to New Jersey’s Open Public Records Act

SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest of brevity, portions of any opinion may not have been summarized.) John Paff v. Read More

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Are District Courts getting the qualified immunity analysis wrong?

On April 2, 2018, the Supreme Court, decided a qualified immunity case, Kisela v. Hughes, wherein the Court reversed a Ninth Circuit decision which denied summary judgment to a police officer based on qualified immunity.1 In finding that the officer was entitled to qualified immunity the Supreme Court noted that “(t]his Court has repeatedly told Read More

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