Greenbaum, Rowe, Smith & Davis LLP
In This Issue:
- New Jersey Civil Rights Act Enacted »
- Taxation of Real Estate Transfers: The Realty Transfer Tax, Mansion Tax and Other Recent Changes »
- Highlands Act Update »
- Asset Protection Planning For Nursing Home Care »
- Morton v. 4 Orchard Trust: How Enforceable Are Oral Agreements To Transfer Real Estate In New Jersey? »
- Corporate Department »
- Highlights »
New Jersey Civil Rights Act Enacted
by Michelle Sekowski, Esq.
The New Jersey Civil Rights Act (the “Act”), signed into law by Governor James McGreevy on September 10, 2004, provides additional statutory remedies for individuals whose constitutional rights have been violated. The Act, codified at N.J.S.A. 10:6-1et. seq., is the New Jersey state law equivalent to the Federal Civil Rights Act, 42 U.S.C. § 1983, which has long been employed by civil rights litigants alleging misconduct by government officials. The Act, however, while providing many of the same remedies as § 1983, is markedly different in that it authorizes Attorney General suits against private entities for civil rights violations.
The New Jersey Civil Rights Act (the “Act”), signed into law by Governor James McGreevy on September 10, 2004, provides additional statutory remedies for individuals whose constitutional rights have been violated. The Act, codified at N.J.S.A. 10:6-1et. seq., is the New Jersey state law equivalent to the Federal Civil Rights Act, 42 U.S.C. § 1983, which has long been employed by civil rights litigants alleging misconduct by government officials. The Act, however, while providing many of the same remedies as § 1983, is markedly different in that it authorizes Attorney General suits against private entities for civil rights violations.
The Act allows private citizens to bring an action for damages and injunctive relief when they have been deprived of “any substantive due process or equal protection rights, privileges or immunities” secured by the United States Constitution or federal law, or “any substantive rights, privileges, or immunities” secured by the New Jersey Constitution or state law. As with § 1983, the Act permits a private litigant to sue only when the alleged deprivation was committed under “color of state law,” that is, by a government agent.
Significantly, the Act provides that the prevailing party may petition the court to award it reasonable attorneys’ fees and costs. This may encourage a defendant to settle a case that has questionable merit, for fear of being forced to pay a successful plaintiff ’s attorneys’ fees in addition to any damages awarded. On the other hand, this provision could discourage a civil rights victim from bringing suit out of concern that, if the action is unsuccessful, he or she could be compelled to pay the defendant’s attorneys’ fees.
The Act also enables the New Jersey Attorney General to file suit for damages and injunctive relief when an individual has been deprived of “any substantive due process or equal protection rights, privileges or immunities” secured by the United States Constitution or federal law, or “any substantive rights, privileges, or immunities” secured by the New Jersey Constitution or state law. There is no requirement, however, that the alleged deprivation occur under “color of state law” for the Attorney General to maintain a suit. Thus, the Attorney General may bring an action against a public or private entity for violating an individual’s constitutional rights. Under such circumstances, the Attorney General would bring the action in the name of the state on behalf of the injured person, who would receive any damages awarded. Additionally, if the action is successful, the defendant could be forced to pay a civil penalty to the State Treasury. The court or a jury, as the case may be, shall determine the appropriate amount of the penalty. If the Attorney General proceeds with and prevails in an action under the Act, the court is directed to award attorneys’ fees and costs to the Attorney General.
While the Act itself does not create any new substantive rights, it serves as a method for vindicating rights conferred by the laws or Constitution of the United States and the laws or Constitution of New Jersey. This could prove helpful to potential plaintiffs as the individual rights guaranteed and protected by the New Jersey Constitution have long been considered, in some instances, broader than those of the United States Constitution. Moreover, the Act marks a significant expansion of the power of the Attorney General, who is now authorized to bring suit against private actors for civil rights violations.