Plaintiff barred from re-litigating qualified immunity based on collateral estoppel as the same analysis would be used by state court as was used by federal court for state-based claims.

The plaintiff asserted federal and civil rights claims against various police officers surrounding his shooting. The Third Circuit granted summary judgment on the federal claims to the defendants, finding that they were entitled to qualified immunity. The federal court declined to exercise supplemental jurisdiction on the state-based civil rights claims and remanded the case to the Superior Court of New Jersey. The Appellate Division affirmed the Law Division decision to grant summary judgment, holding that the plaintiff was barred from re-litigating the issue of qualified immunity based on collateral estoppel since the same analysis would be used by the state court as was utilized by the federal court for the state-based claims.

^{Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}