Search Rutgers Law Library N.J. Court Opinions

16 LETTITIA JACKSON v. STATE OF NEW JERSEY -- rank: 828

... 5 confers immunity, we do agree with his determination concerning N.J.S.A. 59:2-3(c) and (d). As a result, we affirm the grant ... determination that the State was entitled to summary judgment under N.J.S.A. 59:2-3(c) or (d) for the exercise of its discretion concerning ... and how to allocate its existing resources for such projects. N.J.S.A. 59:2-3(c) provides immunity to public entities in connection with the ... facilities, . . . and, in general, the provision of adequate governmental services[.] [ N.J.S.A. 59:2-3(c).] The record establishes that the Director of Local Aid ... material fact on the immunity available to the State under N.J.S.A. 59:2-3(c) for the discretion the State exercised in "the provision of adequate governmental services." N.J.S.A. 59:2-3(c). We also agree with the judge's determination ...

docket:	a4975-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-21
status:	unpublished
citation:
Document Size:	38761

17 KASIE VANMETER v. BRITTANY PIERCE -- rank: 823

... to two types of TCA immunity: absolute immunity pursuant to N.J.S.A. 59:2-3(a) and N.J.S.A. 59:3-2(a ... actual, high level policymaking decisions), and qualified immunity pursuant to N.J.S.A. 59:2-3(d) and N.J.S.A. 59:3-2(d ... permitted. Frugis v. Bracigliano , 177 N.J. 250 , 275 (2003). N.J.S.A. 59:2-3(d) and N.J.S.A. 59:3-2(d ... of the burden of proof in cases that implicate only N.J.S.A. 59:2-3(d) or N.J.S.A. 59:3-2(d ... confounding. See Margolis & Novak, Claims Against Public Entities , comment on N.J.S.A. 59:2-3, at 52-53 (Gann 2011) (observing the confusion attendant to ... of the bus stop —— the qualified immunity of N.J.S.A. 59:2-3(d) and N.J.S.A. 59:3-2( ...

docket:	a2715-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	42567

18 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 823

... the discretion accorded to a municipality and is immunized under N.J.S.A. 59:2-3(a). Defendants are also accorded immunity under N.J.S ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	151111

19 ELSIE LASCURAIN v. CITY OF NEWARK, DEPARTMENT OF WELFARE, et al. -- rank: 818

... afforded to discretionary acts, we note that subsection (a) of N.J.S.A. 59:2-3 has been interpreted as only granting immunity where the asserted ...

docket:	A1438-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-12
status:	published
citation:	353 N.J. Super. 475 793 A.2d 731
Document Size:	92195

20 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 808

... of its employees in carrying out their ministerial functions.” N.J.S.A. 59:2-3. The competing liability provision is N.J.S.A. 59 ...

docket:	a-66-07
court:
decided:	2009-01-29
status:
citation:	197 N.J. 448
Document Size:	67689

21 JOHN SEALS v. COUNTY OF MORRIS -- rank: 808

... 617 was located at the time of plaintiff's accident. N. J.S.A. 59:2-3 provides, in pertinent part: c. A public entity is not ...

docket:	a5433-08
court:	superior court appellate division
decided:	2010-11-24
status:	published
citation:	417 N.J.Super. 74 8 A.3d 796
Document Size:	84750

22 /usr/local/share/www/libweb/collections/courts/appellate/a4308-18.opn.html -- rank: 803

... the burden to prove an exception to discretionary immunity under N.J.S.A. 59:2-3(d). As NJT had not raised discretionary immunity, the judge ... at 493; Maslo, 346 N.J. Super. at 349. Similarly, N.J.S.A. 59:2-3(d) provides, A public entity is not liable for the ... Novack, Claims Against Public Entities, 1972 Task Force Comment on N.J.S.A. 59:2-3(d) (2020). 'Broadly speaking [ N.J.S.A.] 59:2-3 provides that there shall be no liability for the decision ... making process of public entities.' Margolis & Novack, cmt. 1 on N.J.S.A. 59:2-3. Palpable unreasonableness implies ''behavior that is patently unacceptable under any ...

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Document Size:	49360

23 Marcinczyk v. State of New Jersey Police Training Commission -- rank: 794

... discretionary immunity provisions of New Jersey’s Tort Claims Act, N.J.S.A. 59:2-3(a) and 59:3-2(a), and maintained that the ... the “discretionary immunity” provisions of the Tort Claims Act, N.J.S.A. 59:2-3(a) and 59:3-2(a), and maintained that the ... in this case -- negligent supervision in connection with ministerial duties, N.J.S.A. 59:2-3, N.J.S.A. 59:3-2. 4 Under the ... remaining defenses asserted under the Tort Claims Act -- discretionary immunity. N.J.S.A. 59:2-3(a); N.J.S.A. 59:3-2(a). Nor ...

docket:	a-19-09
court:	New Jersey Supreme Court
decided:	2010-10-18
status:
citation:
Document Size:	74667

24 ROGER C. GATES v. COUNTY OF PASSAIC -- rank: 789

... The County Is Immune From Liability For Discretionary Activities Under N.J.S.A. 59:2- 3(d). B. Plaintiffs Cannot Satisfy The Prerequisites For Public Entity ... County's arguments that it was immune from liability under N.J.S.A. 59:2-3(d) and that its conduct was not palpably unreasonable under N.J.S.A. 59:4-2. Here, N.J.S.A. 59:2-3(d) does not apply because the County did not engage ... the exercise of judgment or discretion vested in the entity. N.J.S.A. 59:2-3(a). Specifically, a public entity is not liable for the ... in carrying out their ministerial functions. A-3436-19 9 [N.J.S.A. 59:2-3(d).] Subsection (d) creates immunity when, faced with competing demands ... whether to resurface a road is immune from liability under N.J.S.A. 59:2-3(d). Costa v. Josey, 83 N.J. 49, 59- ...

docket:	a3436-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-08
status:	Unpublished
citation:
Document Size:	65909

25 CAROL ANN CONFORTI v. COUNTY OF OCEAN -- rank: 786

... judge erred in not affording them discretionary act immunity under N.J.S.A. 59:2-3(a) and N.J.S.A. 59:3-2(a ... a private person. [N.J.S.A. 59:2-1.] N.J.S.A. 59:2-3(a) states that '[a] public entity is not liable for ... one decision or another related to Kenneth's suicide. Furthermore, N.J.S.A. 59:2-3(d) provides, that '[n]othing in this section shall exonerate ...

docket:	a0817-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Unpublished
citation:
Document Size:	50088

26 PATRICIA SHILINSKY v. BOROUGH OF RIDGEFIELD -- rank: 786

... also ruled that Ridgefield was "immune from liability pursuant to N.J.S.A. 59:2-3(d)." That section states: A public entity is not liable ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3(d) (emphasis added).] Under N.J.S.A. 59:2-3(d), "palpably unreasonable" has the same meaning as under N ... t of Transp. , 182 N.J. 481 , 493 (2005). Under N.J.S.A. 59:2-3(d), as under N.J.S.A. 59:4-2 ... proving that defendant acted in a palpably unreasonable manner." Ibid. " N.J.S.A. 59:2-3(d) prescribes the circumstances when a public entity can be ... A. 59:4-2" renders Ridgefield immune regardless of whether N.J.S.A. 59:2-3(d) "otherwise immunize[s] [Ridgefield] from liability." Norris v. ...

docket:	a0028-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-26
status:	unpublished
citation:
Document Size:	44405

27 DAMIEN ROSE BRUNO v. JEFFERSON STREET ASSOCIATES LLC -- rank: 786

... private person. [N.J.S.A. 59:2-1.] Furthermore, N.J.S.A. 59:2-3(a) states that 'a public entity is not liable for ... the exercise of judgment or discretion vested in the entity[.]' N.J.S.A. 59:2-3(d) provides, however, that '[n]othing in this section shall ... officer and a public entity are immune from liability under N.J.S.A. 59:2-3(a) and N.J.S.A. 59:3-2(a ... liability upon defendants for their alleged failure to detain Bruno. N.J.S.A. 59:2-3(a); N.J.S.A. 59:3-2(a). We ... arrest was 'clearly discretionary' and not a ministerial act. See N.J.S.A. 59:2-3(a); N.J.S.A. 59:3-2(a). A ... rather than discretionary and therefore subject to potential liability under N.J.S.A. 59:2- - 3(d). We disagree. A police officer's decision to ...

docket:	a0843-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	61407

28 BRIANNA ACKERMAN v. FRANKLIN TOWNSHIP BOARD OF EDUCATION -- rank: 781

... employees were not immune from liability for ministerial acts under N.J.S.A. 59:2-3, such as the decision to allow students to continue use ... s possible liability is consideration of the immunity provisions of N.J.S.A. 59:2-3(a), which circumscribe the scope of liability for a public ... the exercise of judgment or discretion vested in the entity . . . ." N.J.S.A. 59:2-3(a). A public entity is not liable for the exercise ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3(d).] "Thus, the TCA creates two standards for immunity based ... N.J. 485 , 493 (1985)).] "[T]he exemption contemplated under N.J.S.A. 59:2-3(a) concerns the 'exercise of judgment or discretion' . . . made at ...

docket:	a5108-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-30
status:	unpublished
citation:
Document Size:	46836

29 FREDDY FLORIAN v. SHANTAY D. JOHNSON -- rank: 776

... 59:2-4; and (4) there is no liability under N.J.S.A. 59:2-3 resulting from the Board's exercise of judgment or discretion ... v. Twp. of Middletown , 154 N.J. 282 , 286 (1998)). N.J.S.A. 59:2-3(a) declares that a public entity is "not liable for ... 481 , 489-90 (2005). The exercise of discretion contemplated by N.J.S.A. 59:2-3(a) "refers to actual, high-level policymaking decisions involving the ... of its employees in carrying out their ministerial functions." See N.J.S.A. 59:2-3(d); N.J.S.A. 59:3-2 (declaring the ... Costa , the Court makes clear that the "exemption contemplated under N.J.S.A. 59:2-3 concerns the 'exercise of judgment or discretion' . . . in basic policy ... ministerial in nature, and consequently not immunized from liability under N.J.S.A. 59:2-3. Succinctly stated, "when the public employee is liable for ...

docket:	a1010-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-29
status:	unpublished
citation:
Document Size:	45166

30 I'ASIA MORELAND v. Estate of WILLIAM PARKS -- rank: 774

... immunity with respect to its allocation of security personnel under N.J.S.A. 59:2-3(d), and nothing in the record, including plaintiffs' public assembly ... The judge also found defendants entitled to discretionary immunity under N.J.S.A. 59:2-3 with respect to the failure to construct a pedestrian bridge ... erred in applying plan and design immunity, discretionary immunity under N.J.S.A. 59:2-3, and police protection immunity. They add the court improperly dismissed ... or approve construction of the footbridge is also immunized by N.J.S.A. 59:2-3(c), which provides: 'A public entity is not liable for ... by plaintiffs constitutes a discretionary decision, immunized from liability under N.J.S.A. 59:2-3(c). Moreover, the alleged inadequacy of the MCIA's policing ...

docket:	a1645-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	53343