Trenton, NJ – A federal judge has dismissed a lawsuit filed by a longtime New Jersey state nurse who challenged the denial of her religious exemption to the state’s COVID-19 vaccine mandate, ruling that government officials are shielded by qualified immunity.
In a Sept. 18 opinion, U.S. District Judge Robert Kirsch granted a motion by the New Jersey Department of Health, Gov. Phil Murphy, and several state officials to dismiss the case brought by plaintiff Maria E. Deduro. Deduro, a nurse employed at the Ann Klein Forensic Center since 2000, argued that her religious objections to the COVID-19 vaccine — based on its connection to fetal cell research — were unlawfully denied, violating her constitutional rights.
Deduro claimed violations of due process, equal protection, and free exercise rights under the U.S. Constitution, as well as discrimination under New Jersey law. But the court found that, at the time of her suspension in 2022, no clearly established federal precedent required state officials to grant religious exemptions to vaccination mandates in healthcare settings during a global pandemic.
“Qualified immunity shields government officials performing discretionary functions from liability unless their conduct violates clearly established rights,” Judge Kirsch wrote. He concluded that precedent did not give state officials “fair notice” that denying Deduro’s exemption request was unconstitutional.
The court also ruled that Deduro received sufficient procedural due process when her exemption request was reviewed and she was provided with notice and hearings before being suspended without pay.
Having dismissed all federal claims, the court declined to exercise jurisdiction over Deduro’s state law claims under the New Jersey Law Against Discrimination and the New Jersey Civil Rights Act.
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Deduro’s complaint was dismissed without prejudice, leaving her the option to pursue state-level claims in New Jersey courts.
Key Points
- Nurse Maria Deduro’s federal lawsuit over denial of a religious exemption to the COVID-19 vaccine mandate was dismissed Sept. 18.
- Judge Kirsch ruled state officials are protected by qualified immunity, as no clearly established law required exemptions in the pandemic context.
- Federal claims were dismissed; related New Jersey state law claims may still be pursued in state court.
A Trenton judge closed the federal door on a vaccine mandate challenge but left state avenues open.