Ferry et al v. New Jersey Transit Corporation et al, No. 2:2015cv05746-Document 7 (D.N.J. 2016)

New Jersey Transit is not a “person” that can be held liable under New Jersey Civil Rights Act.

The plaintiff filed a lawsuit in state court against New Jersey Transit, asserting various causes of action, including a claim based on the New Jersey Civil Rights Act. The plaintiff did not file any cause of action specifically based on federal law. New Jersey Transit removed the case to federal court, contending that the claim under the NJCRA was identical to a 42 U.S.C. § 1983 action and could be removed to federal court. The defendant then filed a motion to dismiss. The court entertained the motion to dismiss and found that New Jersey Transit was not a “person” that could be held liable pursuant to the NJCRA and, therefore, dismissed the NJCRA claim for failure to state a claim. The court remanded the remaining state law claims to state court.

Case Law Alerts, 3rd Quarter, July 2016

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