Opinion in Almeida/Tumminelli v. NJ case

February 16, 2017

In a lengthy opinion yesterday, the District Court for District of New Jersey dismissed the complaint against a number of defendants regarding "justifiable need."  Almeida was dismissed, because during the litigation, he was "granted" a permit by Judge Conforti.  It is notable that Almeida was not required to give testimony at a hearing, which is pretty standard when a judge is issuing a permit. So that is a bit different.  But nonetheless, the Court continues that Tumminelli doesn't have standing to complain because he withdrew his application after the Chief denied it.

 

The opinion footnotes, "Tumminelli's argument is not frivolous, however.  Although no injury-in-fact is properly pled, it is possible to construct an argument that a police official's wrongful denial of approval could injure plaintiff by making court approval less likely.  A person denied approval by the police chief may be 'aggrieved'..."  p. 16.  This may just be the next way to challenge the process in which New Jersey issues permits.

 

You can read the full opinion here.

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