Search Rutgers Law Library N.J. Court Opinions

31 ROBERT J. TRAVISANO v. BOARD OF CHOSEN FREEHOLDERS FOR UNION COUNTY -- rank: 749

... Div. 2006), and a qualified immunity for certain public employees, N.J.S.A. 59:3-3; Schneider v. Simonini , 163 N.J. 336 , 354 (2000), cert ... need to resort to the qualified immunity defense contained in N.J.S.A. 59:3-3. Assuming we were to agree that plaintiff stated a cause ...

docket:	a2312-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-27
status:	unpublished
citation:
Document Size:	80991

32 JANE DOE v. RICHARD BURKE -- rank: 747

... The TCA also includes a qualified immunity provision for employees. N.J.S.A. 59:3-3 provides '[a] public employee is not liable if he acts ... had good faith reasons for this in executing the law, N.J.S.A. 59:3-3, but that will need to await discovery. It also is ...

docket:	a4920-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-17
status:	Unpublished
citation:
Document Size:	60018

33 C.M.D. v. BRIDGEWAY REHABILITATION SERVICES, INC. -- rank: 745

... a)(3); and qualified immunity afforded to public employees under N.J.S.A. 59:3-3. The TCA re-established sovereign immunity after common law immunity ...

docket:	a2970-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	51385

34 BLASE J. TOTO AND BETTY TOTO v. SHERIFF'S OFFICER ROLANDO ENSUAR, SHERIFF'S OFFICER MICHAEL SCHULZE -- rank: 740

... false arrest even if that employee acts in good faith. N.J.S.A. 59:3-3. We do not, however, conclude that this error entitles plaintiff ... establishing good faith is carried by defendants. Plaintiff is correct. N.J.S.A. 59:3-3 provides that a public employee enforcing a law must prove ...

docket:	a4386-05
court:	njappellate
decided:	2007-06-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73336

35 OLGA CABRERA v. CITY OF NEWARK -- rank: 738

... Judge Wright found that defendants were entitled to immunity under N.J.S.A. 59:3-3, which provides that "[a] public employee is not liable if ... questions of good faith arising under the Tort Claims Act, N.J.S.A. 59:[3]-3." Id. at 387 (citations omitted). In Schneider v. Simonini , 163 ... to good faith immunity on plaintiff's tort claims under N.J.S.A. 59:3-3. In Alston v. City of Camden , 168 N.J. 170 ... an innocent bystander was subject to the immunity provisions of N.J.S.A. 59:3-3. Under this statute, defendants can demonstrate their immunity either by ... defendant need prove only one component; the immunity conferred by N.J.S.A. 59:3-3 will apply if the defendant can show either objective reasonableness ... 1983 actions also governs questions of good faith arising under N.J.S.A. 59:3-3. Wildoner , supra , 162 N.J. at 387. As set ...

docket:	a5502-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-18
status:	unpublished
citation:
Document Size:	36617

36 /usr/local/share/www/libweb/collections/courts/appellate/a2149-18.opn.html -- rank: 735

... law' with the exception of false arrest or false imprisonment. N.J.S.A. 59:3-3. 'The same standard of objective reasonableness that applies in [Â ...

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37 VINCENT LAQUIDARA v. WESTWOOD REGIONAL SCHOOL DISTRICT -- rank: 733

... Remaining Elements to Establish Individual Liability Against Seipp. POINT IV N.J.S.A. 59:3-3 BARS PLAINTIFFS' TORT CLAIMS. A. Seipp's Actions Were Not ...

docket:	a2829-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-19
status:	Unpublished
citation:
Document Size:	48804

38 ERIC STOECKEL, et al. v. TOWNSHIP OF KNOWLTON, et al. -- rank: 730

... adopt a law or by failing to enforce any law." N.J.S.A. 59:3-3 provides in part that "[a] public employee is not liable ... We have held that the question of "good faith" under N.J.S.A. 59:3-3 is generally a fact question to be resolved by a ...

docket:	A3753-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-23
status:	published
citation:
Document Size:	59176

39 /usr/local/share/www/libweb/collections/courts/appellate/a4112-19.opn.html -- rank: 716

... the TCA, the judge acknowledged the statutory immunity afforded under N.J.S.A. 59:3-3 when a public employee acts in good faith in the execution or enforcement of any law. See N.J.S.A. 59:3-3 ('A public employee is not liable if he acts in ... 1991) (noting that good faith for purposes of immunity under N.J.S.A. 59:3-3 applies 'if the public employee can show either objective or ... already triggered as a follow up. Therefore, the court finds N.J.S.A. 59:3-3 provides Officer Logothetis immunity from any tort claim against her ...

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40 CHARLES ASHJIAN v. JOHN ALVES -- rank: 714

... summary judgment, arguing that they were immune from liability under N.J.S.A. 59:3-3. Following oral argument, Judge Dennis F. Carey, III, rendered a ... the judge concluded the officers were immune from liability under N.J.S.A. 59:3-3. The judge also rejected plaintiff's contention that he was ... 7(a). Because the officers were immune from liability under N.J.S.A. 59:3-3 and N.J.S.A. 30:4-27.7(a ... 2014 oral opinion. However, we make the following brief comments. N.J.S.A. 59:3-3 provides that "[a] public employee is not liable if he ... 624 (App. Div. 2015). Defendants may demonstrate their immunity under N.J.S.A. 59:3-3 either by showing that their actions were objectively reasonable or ... plaintiff correctly states that the immunity afforded police officers under N.J.S.A. 59:3-3 does not apply where officers falsely arrest or imprison ...

docket:	a0851-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	unpublished
citation:
Document Size:	20945

41 ALBERTO DELACRUZ et al. v. BOROUGH OF HILLSDALE, et al. -- rank: 704

... threshold provision of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:3-3 exempts false arrest/false imprisonment claims from the limitations of ... claims was his failure to vault the verbal threshold in N.J.S.A. 59:3-3, the Legislature intended to relieve persons prosecuting civil claims for ... arrest/false imprisonment from having to meet the requirements of N.J.S.A. 59:3-3 provides that "[a] public employee is not liable if he ... clear insight into what the Legislature intended when it adopted N.J.S.A. 59:3-3: The immunity provided by this section is similar to provisions ... J. Super. at 332.     As to plaintiff's state claims, N.J.S.A. 59:3-3 specifically disallows the so-called "good faith" defense for claims ...

docket:	A0239-02
court:	NJ Superior Court Appellate Division
decided:	2004-01-06
status:	published
citation:	365 N.J. Super. 127 838 A.2d 498
Document Size:	56404

42 KENNETH MESGLESKI et al. v. PETER J. ORABONI et al. -- rank: 697

... duties. Therefore, he is entitled to a qualified immunity under N.J.S.A. 59:3-3. The motion judge found that Oraboni arrested plaintiff for an ... public employees are not exempt from liability for false arrest, N.J.S.A. 59:3-3, and because municipalities are not immune from civil rights violations ...

docket:	a4290-98
court:	njappellate
decided:	2000-04-03
status:	published
citation:	330 N.J.Super. 10
Document Size:	47318

43 WILSON X. BEZERRA v. TOWNSHIP OF BELLEVILLE et al. -- rank: 697

... not such authorization should be issued, denied, suspended or revoked[;]" N.J.S.A. 59:3-3, which immunizes public employees in the good faith execution and ... A. 59:3-2 or acting in "good faith" under N.J.S.A. 59:3-3, that approval does not establish immunity for actions that are ...

docket:	A1751-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-17
status:	unpublished
citation:
Document Size:	38837

44 JOHN R. KELTY VS STATE OF NEW JERSEY -- rank: 695

... for injury caused by his failure to enforce any law. N.J.S.A. 59:3-3 and -5. "A public employee who is enforcing a law ... 1 (App. Div. 1990). To pierce the qualified immunity of N.J.S.A. 59:3-3, a claimant must prove more than ordinary negligence and, generally ... must be revisited with specific emphasis on the implications of N.J.S.A. 59:3-3 and -5.     Additionally, we conclude that the motion judge erred ... also argued that he was entitled to immunity pursuant to N.J.S.A. 59:3-3 for acts taken in good faith in the execution and ...

docket:	a2011-98
court:	njappellate
decided:	1999-05-06
status:	published
citation:	<a href=
Document Size:	30774

45 LOIS CHIPEPO v. STATE OF NEW JERSEY -- rank: 688

... defendants' argument that they are also entitled to immunity under N.J.S.A. 59:3-3 for the good faith enforcement of the law. III. On ...

docket:	a4957-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-15
status:	Unpublished
citation:
Document Size:	28492