Search Rutgers Law Library N.J. Court Opinions

1 PAUL KAMIENSKI v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY -- rank: 1000

... the interpretation of provisions of the Mistaken Imprisonment Act (Act), N.J.S.A. 52:4C-1 to -7, relating to eligibility, the burden of proof, damages ... and imprisoned be able to recover damages against the State. [ N.J.S.A. 52:4C-1 (emphasis added).] The State contends a legislative intent to limit ... and convincing evidence that they were mistakenly convicted and imprisoned." N.J.S.A. 52:4C-1 (emphasis added). From its first iteration, the Act has required ... L. 1997, c. 227, § 1 (emphasis added). In 2013, N.J.S.A. 52:4C-1 was amended to delete the underlined language. See L. 2013 ...

docket:	a4816-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-16
status:	published
citation:	451 N.J.Super. 499 169 A.3d 493
Document Size:	97222

2 RON MILLS -- rank: 835

... and incarceration as provided by the Mistaken Imprisonment Act (Act), N.J.S.A. 52:4C-1 to -6. 1 Following motion practice described in more detail ... and imprisoned be able to recover damages against the State. [ N.J.S.A. 52:4C-1 (1997), amended by L. 2013, c. 171, § 1.] While ... in part, a waiver of sovereign immunity, the language of N.J.S.A. 52:4C-1 also makes it clear that the Act is remedial legislation ... words and spirit of the remedial legislative intent embodied in N.J.S.A. 52:4C-1. Consequently, we find no error in the motion judge's ...

docket:	a3234-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-13
status:	published
citation:	435 N.J.Super. 69 86 A.3d 741
Document Size:	48211

3 DION HARRELL v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY -- rank: 798

... the Compensation for Persons Mistakenly Imprisoned Act ('MIA' or 'Act'), N.J.S.A. 52:4C-1 to -7, for the period he was wrongfully imprisoned and ... caused by such persons or those acting on their behalf. [N.J.S.A. 52:4C-1.] '[T]he Act is remedial legislation intended to facilitate the ...

docket:	a3628-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	39093

4 Antonio Chaparro Nieves v. Office of the Public Defender -- rank: 765

... 52:4C-2, a section of the Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -7, for the time he spent wrongfully imprisoned. He ...

docket:	a-69-18
court:	NJ Supreme Court
decided:	2020-04-15
status:
citation:
Document Size:	64488

5 RONALD SASALA v. STATE OF NEW JERSEY -- rank: 661

... of contract, legal malpractice, and seeking exoneration damages pursuant to N.J.S.A. 52:4C-1 to -7. This civil action is predicated on the material ... barred from bringing a claim under the Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to - 7. Finally, defendants argued that no reasonable jury could ...

docket:	a2478-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-25
status:
citation:
Document Size:	23824

6 STATE OF NEW JERSEY v. BRIAN E. SCOTT -- rank: 642

... been awarded. In support of this argument, defendant relies upon N.J.S.A. 52:4C-1 to -6, which creates a cause of action against the ... not commit[,]" and thus has no cause of action under N.J.S.A. 52:4C-1 to -6. Defense counsel also asserts that defendant may have ...

docket:	a3062-05
court:	NJ Superior Court Appellate Division
decided:	2010-02-23
status:	unpublished
citation:
Document Size:	20747

7 ESTATE OF CURTIS KNIGHT v. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY -- rank: 639

... Knight, appeals from an order dismissing his complaint pursuant to N.J.S.A. 52:4C-1 to -6, for damages because he was allegedly mistakenly convicted ... defendant and did not contain a claim for damages under N.J.S.A. 52:4C-1 to -6. The State was therefore not reasonably on notice ... he "discovered that he had a course of redress [under N.J.S.A. 52:4C-1 to -6] in State Court." However, "[t]he discovery rule ... at all times of the basis for his claim under N.J.S.A. 52:4C-1 to -6. The only thing he did not discover until ...

docket:	A2900-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-21
status:	unpublished
citation:
Document Size:	36075

8 JOHN WATSON v. NEW JERSEY DEPARTMENT OF THE TREASURY -- rank: 625

... dismiss his complaint pursuant to the Mistaken Imprisonment Act (Act), N.J.S.A. 52:4C-1 to -7. We affirm because plaintiff's complaint was not ...

docket:	a5627-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	published
citation:	453 N.J.Super. 42 179 A.3d 1061
Document Size:	32304

9 WILLIAM GRAHAM v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY -- rank: 575

... conviction and imprisonment pursuant to the Mistaken Imprisonment Act (Act), N.J.S.A. 52:4C-1 to -6 (1997), amended by L. 2013, c. 171, Â ... persons who have been convicted of crimes and subsequently imprisoned." N.J.S.A. 52:4C-1. The State moved for summary judgment in June, arguing, among ...

docket:	a0539-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-13
status:	unpublished
citation:
Document Size:	13449

10 BRIAN STIANCHI v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES -- rank: 564

... State Treasurer for mistaken imprisonment under the Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -6. That same order denied, without prejudice, the remaining ...

docket:	a2360-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-17
status:	unpublished
citation:
Document Size:	48821

11 ANTONIO CHAPARRO NIEVES v. OFFICE OF THE PUBLIC DEFENDER -- rank: 519

... relief. He has already recovered under the Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -7. Defendants raise the following points on appeal: A ...

docket:	a4475-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	13863

12 /usr/local/share/www/libweb/collections/courts/appellate/a4511-17.opn.html -- rank: 444

... which sought compensation under the Mistaken Imprisonment Act (the Act), N.J.S.A. 52:4C-1 to -7. The Act requires that a suit 'be brought ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	14658