Susan Davis Wigenton
How Judge Wigenton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Disputes over an insurer's administration/payment of State Health Benefits Program (SHBP) benefits must be run through the plan's administrative appeal procedures and the State Health Benefits Commission before suit; failure to exhaust deprives the court of jurisdiction even when the complaint is framed as a HIPAA records request.
“Given the above regulations of the SHBP and the NJ Direct Plan's terms, Modern is required to exhaust its administrative remedies prior to filing an action.”
Bars civil-rights damages claims against judges and prosecutors for acts within their official roles under absolute judicial and prosecutorial immunity, dismissing such claims at the threshold.
“the claims against Prosecutor Reyes are barred by absolute prosecutorial immunity.”
Procedural preferences
Reconsideration is 'an extremely limited procedural vehicle' granted sparingly; mere disagreement with the court's analysis of facts and cases it already considered is not a ground -- that belongs in the appellate process.
“Asking this Court to 'rethink' its holding is not an appropriate basis upon which to seek reconsideration.”
Rule 54(b) certification of a partial final judgment is 'the exception, not the rule'; she denies certification where adjudicated claims and pending counterclaims rest on substantially overlapping facts, avoiding piecemeal appellate review.
“If Plaintiff were permitted to appeal his claims now, there is a possibility that the Third Circuit would have to revisit the same issues on a future appeal... Because there is no basis for the extraordinary relief sought, Plaintiff's motion is denied.”
On qualified immunity at summary judgment she will not resolve immunity as a matter of law when the historical facts material to the immunity analysis are genuinely disputed -- those questions go to a jury (e.g. whether an officer's use of force was objectively reasonable). Develop the factual record; immunity is not a reliable early exit where the facts are contested.
“Summary judgment based on qualified immunity is therefore denied.”
Cautions
A Section 1983 Monell claim against a municipality is dismissed when the complaint pleads only generalized, conclusory descriptions of 'long-standing customs/policies' without specific factual allegations identifying the policy that caused the violation.
“Rather, Plaintiff relies on a lengthy list of alleged policies that are nothing more than generalized conclusory statements without any factual support... This is insufficient under Rule 12(b)(6).”
Expects strict adherence to filing deadlines; admonished counsel on the record for an untimely, unexcused opposition brief, and separately cautioned counsel for sloppy redactions that exposed a minor's and her parents' identities.
“Plaintiff's counsel is reminded that filing deadlines are not optional and must be adhered to in the future.”
On a Section 1983 substantive-due-process failure-to-protect claim, ordinary negligence is not enough; the plaintiff must show conduct 'so ill-conceived or malicious that it shocks the conscience' (deliberate indifference), and minor, non-serious injuries undercut the claim.
“Nothing about Defendant's conduct was 'so ill-conceived or malicious that it shocks the conscience.'”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Without Modern's exhaustion of its administrative remedies, this Court therefore lacks jurisdiction to hear this dispute and the Complaint must be dismissed.”
“There are no specific factual allegations, however, as to what those policies, procedures, or practices are... This is insufficient under Rule 12(b)(6). Therefore, Defendant's motion to dismiss will be granted.”
“For the reasons set forth above, Plaintiff's Motion for Reconsideration is DENIED.”
“Because there is no basis for the extraordinary relief sought, Plaintiff's motion is denied.”
“Given these existing issues of fact, summary judgment is inappropriate at this juncture. The parties' cross-motions for summary judgment will be denied and this matter remanded with instructions to hold a due process hearing”
“the parties' cross-motions for summary judgment are DENIED and this matter REMANDED to the Administrative Law Judge for a due process hearing.”
“Regardless of the standard... Defendant's actions were, at best, negligent and do not rise to the level of 'deliberate indifference.'... For the reasons stated above, Defendant's Motion for Summary Judgment is GRANTED.”
“For the reasons set forth above, Defendants’ Motion to Dismiss is GRANTED and Plaintiffs Motion to Remand is DENIED as moot.”
“ORDERED that Defendant’s Partial Motion to Dismiss certain counts of the SAC and Motion to Strike the class allegations, (D.E. 44), is GRANTED in part and DENIED in part as follows: 1) Defendant’s motion is GRANTED with prejudice on all Counts as to Santiago; 2) Defendant’s motion is GRANTED with prejudice on Counts Three and Four as to Frederick; 3) Frederick’s MMWA claim, (Count One), and breach of express warranty claim, (Count Two), may proceed; and 4) Defendant’s Motion to Strike the class allegations is DENIED.”
“For the reasons set forth above, Defendants’ Motion to Dismiss is DENIED.”
“For the reasons set forth above, Defendants’ Motion to Dismiss is GRANTED, and the Amended Complaint is DISMISSED.”
“For the reasons set forth above, Defendants’ Motion to Dismiss (D.E. 8) is GRANTED without prejudice.”
“For the reasons set forth above, Defendants’ Motion to Dismiss is GRANTED, Plaintiff’s First, Second, and Fourth Claims are DISMISSED WITHOUT PREJUDICE for failure to state a claim, except insofar as they are based on statements which are nonactionable opinions, and Plaintiff’s Third Claim is DISMISSED WITH PREJUDICE for failure to state a claim. Plaintiff shall have thirty (30) days to file an amended complaint.”
Put Judge Wigenton's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Wigenton actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Wigenton's own signed orders and cites them.