Supreme Court of New Jersey

Lorraine Gormley, Plaintiff-Appellate and Cross-Respondent v. Latanya Wood-El

June 30, 2014218 N.J. 72

Summary

The New Jersey Supreme Court held that an attorney representing an involuntarily committed patient has a substantive‑due‑process right to be free from state‑created danger, that the right was clearly established at the time of the assault, and therefore the defendants were not entitled to qualified immunity; the Court also affirmed that qualified immunity does not bar injunctive relief. Justice LaVECCHIA dissented, arguing the claim was not properly presented and the right was not clearly established.