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46 DAVID E. SHEARER v. CORDELL HARRIS, et al. -- rank: 685

... 1, asserting they were entitled to good-faith immunity under N.J.S.A. 59:3-3, which provides that "a public employee is not liable if ... was acting "in the execution or enforcement of any law." N.J.S.A. 59:3-3. Indeed, police officers are charged with the enforcement of the ... was found to have been reckless, the immunity provided under N.J.S.A. 59:3-3 did not apply. The jury apportioned fault at 53% against ... whether Officer Harris was entitled to the immunity provided by N.J.S.A. 59:3-3. Plaintiff submits that once the jury found the officer to ... the police officer was entitled to the immunity provided by N.J.S.A. 59:3-3, whether defendants could re-litigate the issues of negligence, comparative ...

docket:	a5851-03
court:	njappellate
decided:	2006-03-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39593

47 MARTHA GODOY v. KENNETH WASHINGTON -- rank: 685

... 59:5-2(b) and (c). The judge also determined N.J.S.A. 59:3-3 was applicable to grant defendants summary judgment. He stated: [Defendants ... on the alternative grounds of the good faith immunity under N.J.S.A. 59:3-3. We review the trial court's decision on a motion ... b) and (c) we need not consider the applicability of N.J.S.A. 59:3-3. A-1467-21 19 Affirmed. A-1467-21 20 This ...

docket:	a1467-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-13
status:	Unpublished
citation:
Document Size:	33443

48 CRYSTAL ICE-BRIDGETON LLC v. CITY OF BRIDGETON -- rank: 680

... in him." N.J.S.A. 59:3-2(a). N.J.S.A. 59:3-3 provides that "[a] public employee is not liable if he ... an insufficient basis for holding a public employee liable under N.J.S.A. 59:3-3." Lascurain v. City of Newark , 349 N.J. Super. 251 ... destruction of the property to reveal any possibly hidden fires. N.J.S.A. 59:3-3. At most, the Chief's actions constituted "ordinary negligence." Lascurain ...

docket:	a1687-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-13
status:	Published
citation:	428 N.J.Super. 576 54 A.3d 848
Document Size:	33319

49 JAMES E. CARTER v. THE TRENTON POLICE DIVISION -- rank: 680

... public employee from liability for false arrest or false imprisonment. [ N.J.S.A. 59:3-3.] The statute can apply to plaintiff's claims of excessive ... 5-2b, and for good faith enforcement of the law, N.J.S.A. 59:3-3. As to the latter statute, defendants could demonstrate their immunity ... of view, whether the actions vitiate good faith immunity under N.J.S.A. 59:3-3 is a legal issue to be determined as a matter ... But that finding would not defeat the officers immunity under N.J.S.A. 59:3-3. See Canico v. Hurtado , 144 N.J. 361 , 366-67 ...

docket:	a6083-08
court:	superior court appellate division
decided:	2010-07-15
status:	Unpublished
citation:
Document Size:	45979

50 GEORGE E. PEARSON v. BOROUGH OF KEANSBURG -- rank: 680

... under N.J.S.A. 59:3-2(a) and N.J.S.A. 59:3-3. 1 In 1 N.J.S.A. 59:3-2 ... from the exercise of judgment or discretion vested in him.' N.J.S.A. 59:3-3 provides that '[a] public employee is not liable if he ...

docket:	a3762-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-24
status:	Unpublished
citation:
Document Size:	35682

51 ROOSTER BAR LLC. v. BOROUGH OF CLIFFSIDE PARK -- rank: 676

... conduct, these acts are insufficient to establish liability. Pursuant to N.J.S.A. 59:3-3, "[a] public employee is not liable if he acts in ... police activities, they are entitled to good faith immunity under N.J.S.A. 59:3-3. If their misconduct was willful, as plaintiffs contend, the public ...

docket:	a1022-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-01
status:	unpublished
citation:
Document Size:	28161

52 DANIEL MATTOS, v. PVT. PETER S. HOTALEN -- rank: 673

... are entitled to qualified or absolute immunity under the TCA, N.J.S.A. 59:3-3, -5, or -7.' Ibid. The following facts informed the Court ...

docket:	a4554-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-22
status:
citation:
Document Size:	25966

53 RICHARD D. DAYTON v. EDWARD SIMPSON -- rank: 673

... amounts to a lack of good faith, precluding immunity under N.J.S.A. 59:3-3, good faith execution or enforcement of the law. In reaching ... the parties' contentions as to whether Simpson is entitled to N.J.S.A. 59:3-3, qualified immunity for good faith execution or enforcement of the ... pointed out that "'[a]lthough [the "good faith" pursuant to N.J.S.A. 59:3-3, and the Legislature's refusal to grant the officer immunity ... equivalent to intentional misconduct and, thus, preclude immunity under both N.J.S.A. 59:3-3 and N.J.S.A. 59:5-2c. The motion ...

docket:	a5157-06
court:	njappellate
decided:	2008-05-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	49315

54 JEANNE LIBURDI v. TOWNSHIP OF TOMS RIVER -- rank: 671

... good faith, and was therefore entitled to statutory immunity. See N.J.S.A. 59:3-3. We agree. Summary judgment should be granted if viewing the ... in him . . . ." N.J.S.A. 59:3-2(a). N.J.S.A. 59:3-3 specifically provides that "[a] public employee is not liable if ... subordinate to the immunity provisions . . . ." Ibid. "Good faith immunity under [ N.J.S.A. 59:3-3] has two alternate components." Alston v. City of Camden , 168 ... an insufficient basis for holding a public employee liable under N.J.S.A. 59:3-3." Lascurain , supra , 349 N.J. Super. at 287 (citing Fielder ... plaintiff appears to be contending that the immunity extended by N.J.S.A. 59:3-3 is in some fashion limited to situations in which an ...

docket:	a1362-11
court:	NJ Superior Court Appellate Division
decided:	2012-06-22
status:	unpublished
citation:
Document Size:	17930

55 /usr/local/share/www/libweb/collections/courts/appellate/a1560-19.opn.html -- rank: 664

... decide conclusively whether the good-faith law enforcement immunity of N.J.S.A. 59:3-3 applied. A-1560-19 5 state was aware of the ...

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court:
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Document Size:	23165

56 B.F. & K.L.F. VS DIV. OF YOUTH AND FAMILY SERVICES -- rank: 661

... immunity from the state constitutional and common law claims under N.J.S.A. 59:3-3:         A public employee is not liable if he acts in ... public employee involved in the execution of the law under N.J.S.A. 59:3-3. And in Hayes , supra , 217 N.J. Super . at 623 ... held that the "good faith" of a public employee under N.J.S.A. 59:3-3 was to be judged in relation to whether his act ...

docket:	a4632-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 372
Document Size:	45890

57 Kemp v. State of New Jersey -- rank: 657

... immunity," it did so expressly in a specified context. See N.J.S.A. 59:3-3 ("A public employee is not liable if he acts in ...

docket:	a-41-96
court:	njsupreme
decided:	1997-01-14
status:
citation:	144 N.J. 586
Document Size:	66215

58 IN THE MATTER OF REQUEST FOR DEFENSE AND INDEMNIFICATION IN JAMES BAYLISS v. NEW JERSEY STATE POLICE TROOPER R. WAMBOLD JR. -- rank: 657

... public employee from liability for false arrest or false imprisonment." N.J.S.A. 59:3-3. The TCA also states, "Nothing in this act shall exonerate ...

docket:	a6043-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-17
status:	Published
citation:
Document Size:	43298

59 /usr/local/share/www/libweb/collections/courts/appellate/a4286-16.opn.html -- rank: 654

... that they acted recklessly or without good faith. Plaintiff cites N.J.S.A. 59:3-3, which provides immunity for good faith execution or enforcement of the law. Although good faith immunity under N.J.S.A. 59:3-3 and the more extensive immunity under N.J.S.A ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	33075

60 /usr/local/share/www/libweb/collections/courts/appellate/a2513-21.opn.html -- rank: 654

... the assertion that defendants were entitled to good faith immunity, N.J.S.A. 59:3-3, and, alternatively, that the state law claims were barred by ... good faith in the execution or enforcement of any law.' N.J.S.A. 59:3-3. Good faith immunity under this provision is applicable if the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28903