Search Rutgers Law Library N.J. Court Opinions

16 MIRIAM L. CHICAS v. TOWN OF KEARNY -- rank: 828

... S.A. 59:4-7; (2) the good-faith immunity, N.J.S.A. 59:3-3; and (3) the palpably unreasonable standard, N.J.S.A ... on the weather condition immunity. 2. The Good-Faith Immunity N.J.S.A. 59:3-3 provides that '[a] public employee is not liable if he ... of any law' so as to afford him immunity under N.J.S.A. 59:3-3 while transporting [a] prisoner to the police precinct when [a ... 626. In that regard, we noted that '[r]ead literally, N.J.S.A. 59:3-3 could be interpreted to immunize all police activities, since 'virtually ... Consequently, we held that the Legislature did not intend for N.J.S.A. 59:3-3 'to be construed so broadly.' Id. at 627. Instead, 'the ... the TCA. Accordingly, defendants were not entitled to immunity under N.J.S.A. 59:3-3. 3. The Palpably Unreasonable Standard Defendants also argue that ...

docket:	a1248-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-10
status:	Unpublished
citation:
Document Size:	43077

17 /usr/local/share/www/libweb/collections/courts/appellate/a4391-14.opn.html -- rank: 823

... holding that Bierals was only entitled to qualified immunity under N.J.S.A. 59:3-3. We disagree and affirm. I. On June 30, 2010, a ... found that he was protected by a qualified immunity under N.J.S.A. 59:3-3, and material factual disputes existed as to whether Bierals acted ... A. 59:3-5 and -7, or qualified immunity under N.J.S.A. 59:3-3. "The Tort Claims Act grants an unqualified or absolute immunity ... qualified immunity with respect to the enforcement of the law. N.J.S.A. 59:3-3. In that regard, N.J.S.A. 59:3-3 shields a public employee if "he [or she] acts in ... quoting N.J.S.A. 59:3-5; then quoting N.J.S.A. 59:3-3). The Court has also explained "that the absolute immunity ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	40887

18 NICKOLAS D'ANGELO v. DAWN MOYLAN, VILLAGE OF RIDGEFIELD PARK - -- rank: 816

... determined that Moylan was entitled to good-faith immunity under N.J.S.A. 59:3-3, which provides that "[a] public employee is not liable if ... motion for summary judgment, claiming that they were immune under N.J.S.A. 59:3-3. Defendants also argued that plaintiff's injuries did not prevent ... found that Moylan was entitled to good-faith immunity under N.J.S.A. 59:3-3. The judge further concluded that plaintiff's injuries and accompanying ... member qualifies as a "public employee" within the meaning of N.J.S.A. 59:3-3 because the Legislature instead opted to confer immunity to rescue ... 13. Plaintiff further argues that the good-faith immunity under N.J.S.A. 59:3-3 does not apply because defendants have failed to identify any ... time of the accident. We agree. Defendants claim immunity under N.J.S.A. 59:3-3, which provides: A public employee is not liable if ...

docket:	a0187-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	42194

19 EDWIN WILLIAMS v. THE CITY OF NEWARK NEWARK POLICE DEPARTMENT -- rank: 809

... judgment on his various immunity claims. The judge explained: [Under] N.J.S.A. 59:3-3 a public employee is not immune from liability for false ... or omission to the same extent as a private person." N.J.S.A. 59:3-3, cited by the motion judge, provides "[a] public employee is ... in determining the applicability of the qualified immunity granted by N.J.S.A. 59:3-3. In Hayes , the plaintiff was the subject of extradition proceedings ...

docket:	a1589-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-11
status:	unpublished
citation:
Document Size:	106366

20 MICHAEL AVERSANO, et al. v. PALISADES INTERSTATE PARKWAY COMMISSION, et al. -- rank: 807

... pursuit. Defendants argued that they were immune from liability under N.J.S.A. 59:3-3, which affords immunity to a public employee who acts in ...

docket:	A3947-01
court:	NJ Superior Court Appellate Division
decided:	2003-10-01
status:	published
citation:	363 N.J. Super. 266 832 A.2d 914
Document Size:	75333

21 LINDA LEONE v. BOROUGH OF BELMAR -- rank: 804

... immune under two provisions of the Tort Claims Act (TCA), N.J.S.A. 59:3-3, and 59:4-2. The court also granted defendants' motion ... complaint on the grounds that defendants were immune pursuant to N.J.S.A. 59:3-3 — immunity for execution or enforcement of the laws � ... erred in concluding that defendants were immune from suit under N.J.S.A. 59:3-3. The provision states: "A public employee is not liable if ... the law too broadly. We recently discussed the scope of N.J.S.A. 59:3-3 in Caicedo v. Caicedo , 439 N.J. Super. 615 (App. Div. 2015). 2 "Read literally, N.J.S.A. 59:3-3 could be interpreted to immunize all police activities, since virtually ... related offense. We affirmed the trial court's rejection of N.J.S.A. 59:3-3 immunity: Were the circumstances such that Officer Caicedo was ...

docket:	a4935-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-01
status:	unpublished
citation:
Document Size:	36827

22 DANNY CAICEDO v. FABIAN CAICEDO -- rank: 804

... that Officer Caicedo was entitled to good-faith immunity under N.J.S.A. 59:3-3, which provides that "[a] public employee is not liable if ... S.A. 59:3-1(c). Pertinent to this appeal, N.J.S.A. 59:3-3 specifically provides that "[a] public employee is not liable if ... they are entitled to the good-faith immunity bestowed by N.J.S.A. 59:3-3. They contend that Officer Caicedo was enforcing the law when ... of arrest and completing all required reports. Plaintiff argues that N.J.S.A. 59:3-3 immunity is inapplicable under the facts presented, and that courts ... the pursuit of such persons), obviating the need to consider N.J.S.A. 59:3-3 good-faith immunity. See, e.g. , Tice v. Cramer , 133 ... of any law" so as to afford him immunity under N.J.S.A. 59:3-3 while transporting the prisoner to the police precinct when ...

docket:	a6163-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-17
status:	published
citation:	439 N.J.Super. 615 110 A.3d 969
Document Size:	43787

23 ELSIE LASCURAIN v. CITY OF NEWARK, DEPARTMENT OF WELFARE, et al. -- rank: 795

... administrative action or inaction of a legislative or judicial nature. N.J.S.A . 59:3-3 further provides that a public employee is not liable if ... faith," in the context of the qualified immunity provided by N.J.S.A. 59:3-3, to mean objectively reasonable conduct. Hayes v. Mercer County , 217 ... an insufficient basis for holding a public employee liable under N.J.S.A. 59:3-3. Fielder v. Stonack , 141 N.J. 101 , 123-25 (1995 ...

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

24 Sopharie Leang, et al. v. Jersey City Board of Education, et al. -- rank: 795

... because the verbal threshold of the Tort Claims Act (TCA), N.J.S.A. 59:3-3, excludes willful acts, it could not bar plaintiff’s intentional ... faith in the execution or enforcement of any law.” N.J.S.A. 59:3-3. We have held that in order for that immunity to ...

docket:	a-21-08
court:
decided:	2009-04-16
status:
citation:	198 N.J. 557
Document Size:	124015

25 PETER WILSON v. MIKE PODEIA -- rank: 780

... codified in N.J.S.A. 59:2-2 and N.J.S.A. 59:3-3. Three days later, the trial court granted Lucero's and ... TCA in N.J.S.A. 59:2-2 and N.J.S.A. 59:3-3, the judge found that at the time of the accident ... J. 481 , 490 (2014). The good faith doctrine codified in N.J.S.A. 59:3-3 is intended to preclude a public employee from being held ... 131 (1995). In order to reap the immunity protection under N.J.S.A. 59:3-3, the employee can show either objective or subjective good faith ... therefore executing or enforcing the law within the meaning of N.J.S.A. 59:3-3." Id. at 130. Plaintiff argues Podia, and by extension the ... by the TCA under the good faith doctrine codified in N.J.S.A. 59:3-3 because at the time of the accident he was ...

docket:	a1228-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-06
status:	unpublished
citation:
Document Size:	44736

26 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 778

... faith in the enforcement or execution of any law under N.J.S.A. 59:3-3 of the Tort Claims Act. An ordinary negligence standard is ...

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

27 MICHAEL BESSASPARIS v. THE TOWNSHIP OF BRIDGEWATER -- rank: 776

... court also held that Payne 7 had immunity pursuant to N.J.S.A. 59:3-3, which provides that a 'public employee is not liable if ... The court held that Payne also had immunity pursuant to N.J.S.A. 59:3-3 and - 8 from the § 1983 claim in the second ... Borough of Ramsey, 162 N.J. 375, 387 (2000) (applying N.J.S.A 59:3-3 immunity to common-law tort claims, not § 1983 claims ... t, 242 N.J. Super. 148, 162 (App. Div. 1990) ( N.J.S.A. 59:3-3 immunity applied to tort- based claims, not § 1983 claims ...

docket:	a1040-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-06
status:	Unpublished
citation:
Document Size:	41772

28 Fluehr v. City of Cape May -- rank: 766

... time, both the officer and the town appeared immunized by N.J.S.A. 59:3-3, which protects public employees acting "in good faith in the ...

docket:	a-136-97
court:	njsupreme
decided:	1999-05-26
status:
citation:	159 N.J. 532
Document Size:	98800

29 ELIZABETH DUNLEA v. TOWNSHIP OF BELLEVILLE et al. -- rank: 764

... 2(b) for an involuntary dismissal on the theory that N.J.S.A. 59:3-3 provided immunity to Officer Zarello and to the Township, which ... that Zarello's conduct was immune from liability pursuant to N.J.S.A. 59:3-3, which provides: ��������A public employee is not liable if he ... not sufficient to defeat the good-faith immunity provided by N.J.S.A. 59:3-3. We disagree, however, with the position espoused by defendants' trial ... willful misconduct. ����In Marley , Judge Haines analyzed the relationship between N.J.S.A. 59:3-3 and N.J.S.A. 59:3-14. After noticing ... supra , 144 N.J. 361 , where it made clear that N.J.S.A. 59:3-3 is the applicable immunity when a police officer driving to ... 170 (2001), as in any way altering the analysis under N.J.S.A. 59:3-3. There the Court's references to willful misconduct were ...

docket:	A2849-00
court:	NJ Superior Court Appellate Division
decided:	2002-04-04
status:	published
citation:	349 N.J. Super. 506 793 A.2d 888
Document Size:	27202

30 Canico v. Hurtado -- rank: 752

... entitled to "good faith" immunity under the Tort Claims Act ( N.J.S.A. 59:3-3 ("section 3"). Plaintiff Maria J. Canico alleges that Newark police ...

docket:	a-73-95
court:	njsupreme
decided:	1996-06-18
status:
citation:	144 N.J. 361
Document Size:	19567