Matthew J. Behr

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 will serve 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.

Year joined

2003

Results

Summary Judgment Obtained in Disability Discrimination Case

Public Entity & Civil Rights Litigation
March 14, 2025

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

Public Entity & Civil Rights Litigation
Appellate Advocacy & Post-Trial Practice
January 9, 2025

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.

Summary Judgment Secured in Favor of a New Jersey Homeowners Association

Non-Profit D&O
July 26, 2024

We won summary judgment for a homeowners association. Our client filed a lawsuit to enforce the Covenant of Restrictions banning barnyard animals and claiming that the homeowners failed to obtain necessary approvals to build a coup and run for six chickens. The homeowners claimed the six chickens were emotional support animals, pursuant to the Fair Housing Act (FHA) and New Jersey Law Against Discrimination (NJLAD). The court held that the chickens are not emotional support animals, pursuant to both FHA and NJLAD, and granted summary judgment.

Client dismissed from litigation involving high school wrestler’s claim of discrimination based on his hair style.

Public Entity & Civil Rights Litigation
March 24, 2023

We were successful in obtaining a dismissal of our client, a state interscholastic athletic association, by way of a motion to dismiss for failure to state a claim. The plaintiff was a high school wrestler who was not permitted to wrestle due to an alleged violation of the rules concerning hair style and covering requirements. The wrestler had his hair cut by the athletic trainer in order to wrestle. This incident was recorded by a local reporter and went viral.

Thought Leadership

Court Rejects Qualified Immunity for Detectives Accused of Fabricating Evidence in 1978 Murder Case

Mount Laurel
Public Entity & Civil Rights Litigation
October 1, 2025
In 2008, Lee Evans was charged with the disappearance and murder of five boys in 1978 based on an allegedly coerced confession of one man. A jury acquitted Evans of all charges, and he then brought claims for malicious prosecution.

Ordinance Enacted to Prohibit Cannabis Business in Asbury Park Does Not Rise to the Level of ‘Shock the Conscience’

Mount Laurel
Public Entity & Civil Rights Litigation
September 24, 2025
In Breakwater Treatment and Wellness Corp. v. The City of Asbury Park, Civil Action No. 23-3661 (D.N.J. Legal Updates for New Jersey Public Entity & Civil Rights

Court Affirms Dismissal of Lawsuit Over City Pothole Fall, Citing Lack of Evidence

Mount Laurel
Public Entity & Civil Rights Litigation
April 1, 2025
The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this incident. Case Law Alerts, 2nd Quarter, Apri

NJ Appellate Division Expands OPRA Obligations: Custodians Must Disclose Non-Exempt Information to Avoid Attorney’s Fees

Mount Laurel
Public Entity & Civil Rights Litigation
March 11, 2025
The New Jersey Appellate Division affirmed the decision of the lower court in awarding attorney’s fees pursuant to the Open Public Records Act (OPRA) for a failure to respond to an information request, although a specific document request was not Legal Updates for New Jersey Public Entity & Civil Rights

Just Because You Expunge a Record Does Not Mean Internal Affairs Records Are Not Subject to an Open Public Records Act Request

Mount Laurel
Public Entity & Civil Rights Litigation
December 1, 2024
Key Points: Defense Digest, Vol. 30, No.