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Summary: Federal lawsuit challenging New Jersey’s unconstitutional restrictions and local practices that prevent residents from exercising their right to carry loaded handguns in public for self-defense.

Plaintiffs: Daniel Francisco, Ori Katzin, and Firearms Policy Coalition

Defendants: Peter S. Cooke, Jr, Chief of Police of the Borough of Englishtown Police Department; William Wicker, Chief of Police of the Borough of Oradell Police Department; Andrew Bruck, Acting Attorney General of New Jersey; Patrick Callahan, Superintendent of the New Jersey State Police; Lourdes Lucas, Judge of the Monmouth County Superior Court; Christopher R. Kazlau, Judge of the Bergen County Superior Court

Litigation Counsel: Edward Paltzik

Docket: D. NJ case no. 3:21-cv-14575 | CourtListener Docket


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Key Events & Filings:

  • 2021-12-15: TEXT ORDER granting in part and denying in part Motion to Dismiss. Defendant Peter S. Cooke, Jr., the Englishtown Chief of Police, moves to dismiss all claims against him pursuant to qualified immunity. In response, Plaintiffs Daniel Francisco, Ori Katzin and Firearms Policy Coalition (Plaintiffs) contend that Defendant's motion should be denied because qualified immunity does not act to bar injunctive relief claims. Defendant concedes that to the extent Plaintiffs' claims against him seek injunctive relief, those claims survive the Motion. Accordingly, any monetary damages claims against Defendant Chief Cooke are dismissed with prejudice, and any claims that seek prospective injunctive relief against Defendant Chief Cooke shall proceed.
  • 2021-10-22: Reply Brief in Support of Defendant Peter S. Cooke, Jr.’s Motion to Dismiss
  • 2021-10-15: Opposition to Motion to Dismiss
  • 2021-9-28: Peter S. Cooke, Jr.’s Motion to Dismiss
  • 2021-8-3: Complaint

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