State Supreme Courts Resource

4 Democrats, 3 Republicans

• N.J. CONST., Art. I, Para. 12. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted. It shall not be cruel and unusual punishment to impose the death penalty on a person convicted of purposely or knowingly causing death or purposely or knowingly causing serious bodily injury resulting in death who committed the homicidal act by his own conduct or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value.
• Has not been cited by the New Jersey Supreme Court in at least 10 years.

• NJ Rev Stat § 10:6-2 (2014)
  • 2. a. If a person, whether or not acting under color of law, subjects or causes to be subjected any other person to the deprivation of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney’s fees and costs to the Attorney General. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
  • b. If a person, whether or not acting under color of law, interferes or attempts to interfere by threats, intimidation or coercion with the exercise or enjoyment by any other person of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney’s fees and costs to the Attorney General. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
  • c. Any person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, or whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted to be interfered with, by threats, intimidation or coercion by a person acting under color of law, may bring a civil action for damages and for injunctive or other appropriate relief. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
  • d. An action brought pursuant to this act may be filed in Superior Court. Upon application of any party, a jury trial shall be directed.
  • e. Any person who deprives, interferes or attempts to interfere by threats, intimidation or coercion with the exercise or enjoyment by any other person of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State is liable for a civil penalty for each violation. The court or jury, as the case may be, shall determine the appropriate amount of the penalty. Any money collected by the court in payment of a civil penalty shall be conveyed to the State Treasurer for deposit into the State General Fund.
  • f. In addition to any damages, civil penalty, injunction or other appropriate relief awarded in an action brought pursuant to subsection c. of this section, the court may award the prevailing party reasonable attorney’s fees and costs.
• “[O]ur State Civil Rights Act is modeled off of the analogous Federal Civil Rights Act [(42 U.S.C.A. § 1983)] . . . and is intended to provide what Section 1983 does not: a remedy for the violation of substantive rights found in our State Constitution and laws . . . Although the Civil Rights Act does not define substantive rights, we have recognized that the term is broad in its conception . . . We have looked to federal jurisprudence construing 42 U.S.C.A. § 1983 to formulate a workable standard for identifying a substantive right under the Civil Rights Act. Harz v. Borough of Spring Lake, 234 N.J. 317, 191 A.3d 547 (2018).
• “Tort Claims Act’s (TCA) notice-of-claim requirement does not apply to causes of action under Civil Rights Act (CRA); CRA’s purpose includes rectifying violations of constitutional rights, the protection of which has never depended on the satisfaction of the TCA’s procedural and substantive requirements.” Owens v. Feigin, 194 N.J. 607, 947 A.2d 653 (2008)

• NJ Rev Stat § 59:3-1 (2013), New Jersey Torts Claims Act Public entities are liable for injuries an employee causes “within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances.”

• Isolated Confinement Restriction Act, N.J.S.A. 30:4-82.5 to -82.11 A 314
  • Prohibits “isolated confinement” for “vulnerable populations,” which include incarcerated people under age 22 and over age 64; those with mental illness, developmental disabilities, or serious medical conditions; those who are pregnant or postpartum; those who have a “significant auditory or visual impairment;” or who are “perceived to be” LGBTI.
  • Prohibits placement for “non-disciplinary reasons,” unless there is a “substantial risk of serious harm” to the incarcerated person or others.
  • Isolation may not be used under conditions or for periods of time that “foster psychological trauma,” psychiatric disorders, or “serious, long-term damage” to the prisoner’s brain. New Jersey also provides that an incarcerated person may not be placed in restrictive housing for more than 20 consecutive days or for more than 30 days in a 60 day period.
  • Mandates medical and mental health reviews before placement and, procedures to contest confinement.

• NJ Rev Stat § 30:4-16.2 (2019). Frivolous lawsuits filed by inmates; determination, recovery of costs, fees; forfeiture of time credits.
  • 1. a. In any civil action filed by an inmate in which the defendant is represented by the Attorney General or county counsel and the Attorney General or county counsel believes the lawsuit is frivolous, the Attorney General or county counsel shall move to recover costs and fees.
  • b. The commissioner shall promulgate regulations providing for the forfeiture of progressive time credits authorized pursuant to R.S.30:4-140 when an inmate’s lawsuit: (1) was filed to harass or retaliate against another individual, to disrupt or interfere with the operation of the correctional institution, or for some other malicious purpose, and (2) has been determined by a court to be frivolous.
• NJ Rev Stat § 30:4-16.3 (2019) (procedures concerning waiver of filing fee)
• NJ Rev Stat § 30:4-16.4 (2019) Disposition of monies derived from judgment.
  • 3. If an inmate is awarded a money judgment as the result of a civil action, the monies derived from that judgment shall be deposited in the inmate’s account at the correctional institution in which the inmate is confined. These monies shall be used to satisfy any court-imposed fines, restitution or penalties which the inmate has not met. These monies may also be used to meet any claims for reimbursement for medical treatment sought by the State or a county pursuant to the provisions of P.L.1995, c.254 (C.30:7E-1 et seq.).

• The New Jersey Supreme Court has interpreted the qualified immunity available in the state Civil Rights Act consistently with qualified immunity under 42 U.S.C.A. § 1983. Morillo v. Torres, 222 N.J. 104, 117 A.3d 1206 (2015).