Atty. Matthew J. Behr
Matthew serves as Co-Chair of the Public Entity and Civil Rights Litigation Practice Group. His practice is concentrated in the defense of public entities in the areas of employment law and municipal liability.
Profile Summary
About Matthew J. Behr at a glance
Matthew J. Behr is a Shareholder based in Mount Laurel, New Jersey, practicing at Marshall Dennehey. They have 28+ years of legal experience, licensed to practice since 1998. Their practice focuses on employment, construction, litigation, civil rights, and education. Admitted to practice in Pennsylvania (1998) and New Jersey (1999). Educated at Seton Hall University School of Law (J.D., 1998) and Pennsylvania State University (B.A., 1994). Active member of Associations & memberships New Jersey Bar Association New Jersey Supreme Court, District IV Ethics Committee. Serands clients in Mount Laurel, NJ and the surrounding metropolitan area.
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About
- Matthew serves as Co-Chair of the Public Entity and Civil Rights Litigation Practice Group
- His practice is concentrated in the defense of public entities in the areas of employment law and municipal liability
- As well, he defends municipal and county governments, police departments, police officers and school boards in cases relating to civil rights, sexual harassment, age discrimination, race, ethnic, gender and handicap discrimination, and land use issues
- Matthew also has vast experience in cases involving retaliation and whistle blowing under state law, and his practice involves both federal and state courts
- Further, Matthew has considerable experience in representing public entities and private entities in matters involving the Fair Housing Act and American with Disabilities Act in federal and state courts and agencies as well as in the Division on Civil Rights and EEOC
- He has represented various entities including Homeowners’ Associations in reasonable accommodation and disability discrimination cases and has recently obtained a summary judgment motion on behalf of a HOA involving the issue of emotional support animals
- Clients rely on Matthew to handle their most complex and high-exposure litigation
- He has successfully settled numerous cases well below the initial demand, including a high-profile case involving allegations of bullying in a school district that received national attention
- He understands the complexity of these cases and how they affect not only the clients, but the carriers as well, from both a litigation and reputational perspective
- Matthew was recently appointed to the District IV Ethics Committee by the New Jersey Supreme Court and is serving a four-year term from September 1, 2024 to August 31, 2028
- Matthew received his B.A. in Political Science from The Pennsylvania State University
- He earned his juris doctor from Seton Hall School of Law in 1998
- Following law school, Matthew served as a judicial law clerk for the Honorable George L. Seltzer in Atlantic City
- Matthew joined Marshall Dennehey in 2003, bringing with him considerable employment law experience
- Published Works •“Just Because You Expunge a Record Does Not Mean Internal Affairs Records Are Not Subject to an Open Public Records Act Request,” Defense Digest, Vol. 30, No. 4, December 2024 •“Police Officers Have a Ministerial Duty to Render Assistance to an Intoxicated Person Involved in a Motor Vehicle Accident and Are Not Immune Under the New Jersey Tort Claims Act,” Defense Digest, Vol. 26, No. 2, June 2020 •Legal Updates for New Jersey Public Entity & Civil Rights, regular contributor, 2018-present Results Summary Judgment Obtained in Disability Discrimination Case We successfully obtained summary judgment for a county in a lawsuit alleging disability discrimination and failure to accommodate under the New Jersey Law Against Discrimination
- After being sent for a fitness-for-duty examination, a medical professional determined that the plaintiff was not fit for duty, leading to his termination
- The court ruled in favor of the county, granting summary judgment on all claims and dismissing the case with prejudice
- Favorable Decision Obtained from the Court of Appeals for the Third Circuit We received a favorable decision from the Court of Appeals for the Third Circuit in a First Amendment case
- The circuit court affirmed the District of New Jersey’s denial of a preliminary injunction in which the plaintiff claimed that federal and local officials violated her First Amendment rights through censorship and retaliation after she posted comments on Facebook
- In a published decision, the Third Circuit agreed with our arguments that the plaintiff lacked standing since she could not demonstrate a substantial risk of future harm specific to our client, the former chief of police of North Hanover, NJ, as well as the other co-defendants
- Thought Leadership Case Law Alerts Appellate Division Reverses Summary Judgment for Failure to Conduct Required In-Camera OPRA Review April 1, 2026 The appellate division reversed a trial court’s granting of summary judgment because it did not conduct an in-camera review of documents under the Open Public Records Act (OPRA)
- The trial court improperly relied upon the state’s certification as to the documents sought
- This case is significant because it further provides direction to trial courts that an in-camera review of the documents is best practices in deciding motions for summary judgment as to alleged violations of the OPRA, simply on the briefs and certifications submitted
- Legal Updates for New Jersey Public Entity & Civil Rights School Districts Can Be Vicariously Liable When Students Are Sexually Abused by Their Employees March 16, 2026 In a precedential, consolidated opinion decided on March 11, 2026, the New Jersey Supreme Court held in Hornor v
- Upper Freehold Regional Board of Education and Simpkins v
- South Orange-Maplewood School District that the Child Victims Act “fundamentally altered” claims against school districts under the New Jersey Tort Claims Act
- In making this finding, the Supreme Court held that school districts are not barred from vicarious liability for claims for sexual abuse that occurred outside the scope of employment.The Supreme Court reversed the Appellate Division’s finding that school districts were immune from liability pursuant to the Tort Claims Act, even after the 2019 amendment to the Child Victims Act
- The majority’s opinion held that the legislature eliminated the immunities previously afforded to school districts, and sexual misconduct claims that occur even outside the scope of employment are no longer immunized by the Tort Claims Act.The Court further set forth a standard for lower courts to utilize when determining if a school district is vicariously liable for the sexual misconduct of its employees
- The judges should consider whether the school implemented and enforced policies to prevent the sexual abuse of students, the circumstances of the abuse, whether the abuse took place on school property or at school-related events, whether it took place during school hours, and whether it was reported to school officials
- The Court specifically stated that a school district could be liable (tacitly approved the abuse) if a teacher abused a student inside of the classroom for weeks and other school officials should have been aware of the abuse
- All of these factors will most likely prevent a motion to dismiss from being filed at the beginning of cases, and the determination of vicarious liability will be fact-sensitive.Please do not hesitate to contact me with any questions regarding these cases and others pertaining to alleged sexual abuse of students by teachers
Practice Areas Explained
Matthew J. Behr's Areas of Practice
Each practice area below reflects the types of cases Matthew J. Behr handles, with a brief overview of what that area of law covers.
Employment lawyers represent workers in wrongful termination, discrimination, harassment, wage & hour disputes, and severance negotiations.
Matthew J. Behr is one of 169,120 employment attorneys indexed nationally. Browse employment attorneys in New Jersey →
Matthew J. Behr is one of 40,689 construction attorneys indexed nationally. Browse construction attorneys in New Jersey →
Civil litigation attorneys for breach of contract, business disputes, civil rights, and class action lawsuits.
Matthew J. Behr is one of 454,532 litigation attorneys indexed nationally. Browse litigation attorneys in New Jersey →
Civil rights attorneys for discrimination, police misconduct, constitutional rights, and civil liberties cases.
Matthew J. Behr is one of 70,245 civil rights attorneys indexed nationally. Browse civil rights attorneys in New Jersey →
Education attorneys for special education (IEP), school discipline, Title IX, and student rights.
Matthew J. Behr is one of 24,079 education attorneys indexed nationally. Browse education attorneys in New Jersey →
Jurisdictional Context
Why local counsel matters in New Jersey
Practicing law in New Jersey. Legal matters in New Jersey are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Mount Laurel are typically filed in the local municipal court or the appropriate New Jersey state district court, depending on subject matter and amount in controversy. An attorney licensed in New Jersey brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in New Jersey courts without local counsel or pro hac vice admission.
Looking for additional New Jersey attorneys? Browse all attorneys in Mount Laurel or all attorneys in New Jersey.
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