The New Jersey Supreme Court released the decision Wednesday morning.
, a controversial legal doctrine that shields public servants from lawsuits accusing them of civil rights violations in the course of their official duties.
Justice Anne M. Patterson wrote in the opinion that giving defendants the ability to appeal a qualified immunity ruling mid-case would “engender substantial delay in the resolution of civil rights litigation, encourage piecemeal litigation, and undermine judicial economy.” Brooke Barnett, Harris’ lawyer, said the ruling was a first step at “chipping away” at qualified immunity, which has become a prominent topic across the country in the wake of high-profile police misconduct cases, including the murder of George Floyd.
In the case before the high court, Newark stated that the trial court’s decision to deny the officers qualified immunity was a legal determination, and therefore should be appealable, as it is under federal law. Justice Patterson wrote in her opinion that the high court had “no reason to depart” in this case from their general policy in favor of “restrained appellate review of issues relating to matters still before the trial court to avoid piecemeal litigation.”
The Supreme Court did note that defendants can appeal a qualified immunity decision after a trial has been completed.
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