Prerogative Writ Actions

Bergen County, Essex County, Middlesex County, Morris County, Passaic County, Union County Civil Rights Lawyers

The Fourteenth Amendment of the United States Constitution requires states to provide for the equal protection of persons within their respective jurisdictions and to give due process any time state action could adversely affect life, liberty, or property. In addition, federal law 42 U.S.C. Section 1983 (Civil Action for the Deprivation of Rights) permits a plaintiff to receive a jury trial and to be awarded damages including their attorney fees where state action is responsible for a violation of federal constitutional or statutory rights. These laws that are controlling throughout every state in the United States as the “law of the land” provide specific protection for persons claiming race, gender, and many other forms of discrimination that occurs when a public entity does not treat an individually in the same manner and extent of all other citizens.

Public entities and employees include Townships, Cities, Boroughs, Counties and their boards including Boards of Adjustment and Planning Boards, Boards of Education, and the State of New Jersey, its agencies and employees. Sometimes public entities and their employees act inappropriately and cause citizens to sustain personal injury and economic damages. These citizens may need the help of a lawyer familiar with this area of the law to right a wrong.

Sheffet & Dvorin, PC has many years of experience representing individuals and businesses in Civil Rights Matters. The United States and New Jersey state Constitutions provide all residents with inalienable rights. Pursuant to Federal and New Jersey governmental entities and their employees are not immune from violating these rights. Police Officers and other public officials must enforce the laws of the state and nation equally, and without any discriminatory intent or application.

At Sheffet & Dvorin, PC we welcome the opportunity to file lawsuits against both public and their employees who do not follow the law and/or violate civil rights of citizens including filing a Prerogative Writ Action. A Prerogative Writ Action is a civil case that seeks to overturn the determination of the public entity. For example, if a Board of Adjustment denies a variance or a Planning Board will not grant site plan approval and the Board’s conduct is arbitrary and capricious then a Prerogative Writ action filed in state court may result in overturning the Board’s determination. The Superior Court Judge is even empowered to grant site plan approval in some cases.

We have substantial expertise in litigating Prerogative Wrist actions since Mr. Sheffet has experience defending public entities in these actions. Mr. Sheffet has also has experience with Prerogative Writ lawsuits since he served as the Borough Attorney for a public entity, the Borough of Roseland. At Sheffet & Dvorin, PC we fight hard to protect the rights and interests of our clients, and to make their lives, and everyone in society better. Our attorneys have successfully fought for the rights of citizens and businesses.

If you are the victim of a Civil Rights violation or arbitrary and capricious conduct you should immediately contact our firm to determine your legal rights and remedies. Often, if not always, federal law provides that the party or parties guilty of violating your Civil Rights is or are responsible for paying your legal fees and case costs. This law exists to make sure that Civil Rights are not violated and when they are that the affected individual or party has immediate redress without the need for worrying about how expensive attorney fees and costs will be paid.

Have Your Rights Been Violated by a Public Entity? Will Filing a Prerogative Writ Action provide a remedy? Contact a Bergen County, Essex County, Middlesex County, Morris County, Passaic County, Union County Civil Rights Attorney for a Free Consultation

Each public entity is different and we believe each potential claim should be reviewed carefully. The civil rights attorneys of Sheffet & Dvorin, PC will answer your questions and help you understand your options for filing a claim against a governmental agency or other public entity, or for defending yourself or your entity against a claim. Contact us to learn more.


Sheffet & Dvorin, PC