Judge Quraishi’s ruling narrows but does not end the Jackson Township free speech case
TRENTON, N.J. – A federal judge has partially dismissed a civil rights lawsuit filed by a Jackson Township resident who claimed her free speech rights were violated when she was removed from a 2024 council meeting after criticizing local officials.
Jackson Township Attorney Gregory P. McGuckin, who gave the advice to now mayor, Jennifer L. Kuhn to have a resident removed from a council meeting by police officers has been allowed to remove himself from the case, but the judge has ruled that Elenor Hannum’s lawsuit against Kuhn and the township may proceed.
U.S. District Judge Zahid N. Quraishi issued the ruling on January 29, finding that the township’s attorney, named as a defendant, cannot be held liable for the alleged violation because he neither enforced nor directed the actions that led to the woman’s removal.
The complaint stemmed from a March 2024 public hearing on Ordinance 06-24, which proposed creating a new Director of Public Safety position. During the meeting, Sergeant John Rodriguez spoke past his allotted five minutes without interruption, while the plaintiff, who followed, accused the mayor and council president of political bias and personal conflicts of interest. The council president declared her out of order after consulting the township attorney and had her escorted out.
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After Hannum alleged that Kuhn is involved in a personal relationship with the president of the Jackson PBA, suggesting she should abstain from the vote, McGuckin suggested to Kuhn, then council president, to declare Hannum out of order.
The judge ruled that his legal advice does not constitute a First Amendment violation as Kuhn solely possessed the power and authority.
After declaring her out of order, Kuhn then instructed police officers to remove Hannum from the meeting, which was not advised by McGuckin.
Court finds no direct involvement by attorney
In his 11-page opinion, Judge Quraishi ruled that the township attorney’s limited response — advising the council president that she could “declare her out of order” — did not constitute an affirmative act sufficient to establish a First Amendment violation. The judge also noted that the attorney had no authority to remove the plaintiff or to control the proceedings.
The court dismissed the plaintiff’s facial and as-applied First Amendment claims against the attorney, holding that the ordinance in question — Jackson Township Administrative Code § 3-12 — empowers only the presiding officer to maintain order at council meetings.
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- Judge dismissed federal First Amendment claims against the township attorney
- Claims under the New Jersey Constitution and Civil Rights Act remain active
- Court denied both sides’ requests for attorney’s fees as premature
Remaining claims move forward
While the federal free speech claims were dismissed, other causes of action under the New Jersey Constitution, the New Jersey Civil Rights Act, and the Fourteenth Amendment remain pending. Judge Quraishi declined to dismiss those portions, finding the attorney’s motion addressed only the First Amendment counts.
The court also rejected the attorney’s request for reimbursement of legal fees, stating that he is not yet a prevailing party. Similarly, the plaintiff’s standalone claim for attorney’s fees under 42 U.S.C. § 1988 was dismissed, though she may renew the request if she ultimately prevails.
Jackson Township, First Amendment lawsuit, New Jersey civil rights
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