Search Rutgers Law Library N.J. Court Opinions

1 EDWIN WILLIAMS v. THE CITY OF NEWARK NEWARK POLICE DEPARTMENT -- rank: 1000

... employee from liability for false arrest or false imprisonment." Furthermore, N.J.S.A. 59:3-14(a) provides that "[n]othing in this act shall exonerate ... constituted a crime, actual fraud, actual malice or willful misconduct. N.J.S.A. 59:3-14(a); Hayes , supra , 217 N.J. Super. at 622. Here ... Defendant's claim of qualified immunity is further subject to N.J.S.A. 59:3-14, which provides that a public employee is not entitled to ...

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status:	unpublished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

2 Blase J. Toto, et al. v. Sheriff's Officer Rolando Ensuar, et al. -- rank: 990

... function that is substantial. However, in unambiguous and specific terms, N.J.S.A. 59:3-14 creates an exception to the verbal threshold if the public ... “applicable to a person in the private sector.” N.J.S.A. 59:3-14(a). We further hold that the erroneous instructions on the ... of DelaCruz , the panel held that it must conclude that N.J.S.A. 59:3-14 does not eliminate the necessity of a plaintiff to satisfy ... not abrogate the exception to the verbal threshold contained in N.J.S.A. 59:3-14(a). Further, plaintiff maintains that the Appellate Division’s conclusion ... citation omitted)). The next relevant section of the Act is N.J.S.A. 59:3-14, which provides that: a. Nothing in this act shall exonerate ... misconduct . [Emphasis added.] By its plain, unambiguous, and specific terms, N.J.S.A. 59:3-14(a) creates an exception to the verbal threshold. We ...

docket:	a-53-07
court:
decided:	2008-08-04
status:
citation:	196 N.J. 178
Document Size:	73178

3 WILLIAM TAGLIERI, et al. v. ALBERT MOSS, M.D. -- rank: 972

... S.A. 59:1-1 to 59:12-3, specifically N.J.S.A. 59:3-14, as a matter of law. The third issue, also relating ... held that Moss's actions constituted willful misconduct pursuant to N.J.S.A. 59:3-14 and deprived defendant of any protection otherwise available under the ... administrative code and that also constitutes a departure. . . . . [T]his [ N.J.S.A. 59:]3-14 clearly � clearly contemplates an ex � the fact that summary judgment ... in writing the prescriptions constituted "willful misconduct" as contemplated by N.J.S.A. 59:3-14, leaving him personally liable to Warnebold for damages proximately caused by such conduct. ���� N.J.S.A. 59:3-14 provides: a. Nothing in this act shall exonerate a public ... 177 N.J. 250 , 280 (2003). The plain language of N.J.S.A. 59:3-14 is beyond dispute. " Nothing in this act shall exonerate" ...

docket:	a5052-02
court:	njappellate
decided:	2004-02-26
status:	published
citation:	367 N.J. Super. 184
Document Size:	52120

4 WILLIAM TAGLIERI, et al. v. ALBERT MOSS, M.D. -- rank: 972

... S.A. 59:1-1 to 59:12-3, specifically N.J.S.A. 59:3-14, as a matter of law. The third issue, also relating ... held that Moss's actions constituted willful misconduct pursuant to N.J.S.A. 59:3-14 and deprived defendant of any protection otherwise available under the ... administrative code and that also constitutes a departure. . . . . [T]his [ N.J.S.A. 59:]3-14 clearly � clearly contemplates an ex � the fact that summary judgment ... in writing the prescriptions constituted "willful misconduct" as contemplated by N.J.S.A. 59:3-14, leaving him personally liable to Warnebold for damages proximately caused by such conduct. ���� N.J.S.A. 59:3-14 provides: a. Nothing in this act shall exonerate a public ... 177 N.J. 250 , 280 (2003). The plain language of N.J.S.A. 59:3-14 is beyond dispute. " Nothing in this act shall exonerate" ...

docket:	a5053-02
court:	njappellate
decided:	2004-02-26
status:	published
citation:	*CITE_PENDING*
Document Size:	52089

5 SOPHARIE LEANG et al. v. JERSEY CITY BOARD OF EDUCATION, -- rank: 945

... the record to suggest that the motion judge even considered N.J.S.A. 59:3-14, which provides that "[n]othing in this act shall exonerate ... 141 N.J. 101 , 123-24 (1995).] We also discussed N.J.S.A. 59:3-14 in Taglieri v. Moss , 367 N.J. Super. 184 (App ... for narcotics. We concluded that "[t]he plain language of N.J.S.A. 59:3-14 is beyond dispute." Id. at 196. We found no indication ... Indeed, we noted that "the 1972 Task Force Comment to N.J.S.A. 59:3-14" stated: "'It is the intent of this provision that a ... and damages contained in this act.'" Ibid. As a consequence, N.J.S.A. 59:3-14 trumps the immunity provisions of N.J.S.A. 59 ... claims from the reach of the [injury] threshold requirement of N.J.S.A. 59:3-14 applies, all limitations on recoverable damages are lost by ...

docket:	a5777-05
court:	njappellate
decided:	2008-04-02
status:	published
citation:	399 N.J.Super. 329
Document Size:	176360

6 Nancy Velez v. City of Jersey City, et als. -- rank: 921

... it was not intended to modify the plain meaning of N.J.S.A. 59:3-14, which excludes outrageous conduct from statutory immunity. Thus, the panel ... entity can investigate and settle claims. (pp. 14-15) 3. N.J.S.A. 59:3-14, which excludes a public employee from immunity for conduct that ... be classified as the intentional or outrageous conduct described in N.J.S.A. 59:3-14. (pp. 16-17) 5. Although the Court has, in limited ... it was not intended to modify the plain meaning of N.J.S.A. 59:3-14, which excludes outrageous conduct from statutory immunity. Id. at 240 ... to the Act makes it clear that the intent behind N.J.S.A. 59:3-14 is to prevent public employee[s] guilty of outrageous conduct ... to be excluded from the protections of the Act by N.J.S.A. 59:3-14. To permit [defendant] to avail himself of the notice ...

docket:	a-97-02
court:	njsupreme
decided:	2004-06-29
status:
citation:	180 N.J. 284
Document Size:	48253

7 A.M.H. v. NEW JERSEY DIVISION OF CHILD PROTECTION and PERMANENCY -- rank: 891

... constituted a crime, actual fraud, actual malice or willful misconduct." N.J.S.A. 59:3-14 (a). In Delbridge v. Schaeffer , 238 N.J. Super. 323 ... constituted a crime, actual fraud, actual malice or willful misconduct." N.J.S.A. 59:3-14(a). Affirmed. 1 Unfortunately, after submission of plaintiffs' brief on ...

docket:	a0942-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-05
status:	unpublished
citation:
Document Size:	29782

8 J.R. v. NEW JERSEY STATE PAROLE BOARD -- rank: 867

... s] a crime, actual fraud, actual malice or willful misconduct.' N.J.S.A. 59:3-14(a). It is claimed defendant Angel Rodriquez worked as the ... A. 59:5-2(a) and instead is liable under N.J.S.A. 59:3-14(a) for plaintiff's and V.R.'s injuries and ... lacked evidence defendant's alleged actions constituted willful misconduct under N.J.S.A. 59:3-14(a), and defendant therefore is immune from liability under N ... misconduct such that he is exonerated from the immunity under N.J.S.A. 59:3-14(a). Plaintiff opposed the motion, arguing there were genuine issues ... defendant constituted willful misconduct such that he is exonerated under N.J.S.A. 59:3-14 from the immunity to which he is otherwise entitled under ... entitled to immunity because he engaged in willful misconduct, see N.J.S.A. 59:3-14. For example, the parties' Rule 4:46-2 statements ...

docket:	a1936-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Unpublished
citation:
Document Size:	43707

9 Sopharie Leang, et al. v. Jersey City Board of Education, et al. -- rank: 846

... complained of constituted actual fraud, actual malice, or willful misconduct. N.J.S.A. 59:3-14(a) (“Nothing in this act shall exonerate a public ... held, “[b]y its plain, unambiguous, and specific terms, N.J.S.A. 59:3-14(a) [the actual fraud, actual malice or willful misconduct provision ... 2004) (explaining that “[i]t is the intent of [ N.J.S.A. 59:3-14(a)] that a public employee guilty of outrageous conduct cannot ... willfulness, thus relieving plaintiff of the otherwise applicable verbal threshold. N.J.S.A. 59:3-14(a). Utilizing that analytical construct, we agree with the judgment ...

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

10 BRIANNA PEREZ v. CITY OF ELIZABETH -- rank: 840

... of damages 'applicable to a person in the private sector.' N.J.S.A. 59:3-14(a)." Toto v. Ensuar , 196 N.J. 134 , 137-38 ... such cases of extreme wrongdoing or other circumstances, enumerated in N.J.S.A. 59:3-14, 7 that deny a public employee of the protections of ... prosthetic devices and ambulance, hospital or professional nursing service. 7 N.J.S.A. 59:3-14 provides: a. Nothing in this act shall exonerate a public ...

docket:	a2932-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	unpublished
citation:
Document Size:	40149

11 MICHAEL BESSASPARIS v. THE TOWNSHIP OF BRIDGEWATER -- rank: 840

... count of the complaint. The court, however, failed to consider N.J.S.A 59:3-14, which provides in subpart (a) that '[n]othing in [the ... crime of official misconduct by a public servant. Pursuant to N.J.S.A. 59:3-14, if it can be shown that Caravela's actions constituted ... 562 (App. Div. 2005). Because the court failed to consider N.J.S.A. 59:3-14, we conclude the court erred in dismissing the first count ... court of the possible application of federal qualified immunities and N.J.S.A. 59:3-14. We do not foreclose the possibility that other evidence might ...

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

12 Blase J. Toto, et al. v. Sheriff\'s Officer Rolando Ensuar, et al. -- rank: 834

... function that is substantial. However, in unambiguous and specific terms, N.J.S.A. 59:3-14 creates an exception to the verbal threshold if the public ... of DelaCruz , the panel held that it must conclude that N.J.S.A. 59:3-14 does not eliminate the necessity of a plaintiff to satisfy ... citation omitted)). The next relevant section of the Act is N.J.S.A. 59:3-14, which provides that: a. Nothing in this act shall exonerate ... misconduct . [Emphasis added.] By its plain, unambiguous, and specific terms, N.J.S.A. 59:3-14 comment) (second alteration in original); see also Jobes v. Evangelista ... arrest/false imprisonment claims must satisfy the verbal threshold of N.J.S.A. 59:3-14 for "willful misconduct" because that was not an issue in ... committed willful misconduct or any of the other exceptions under N.J.S.A. 59:3-14, a public employee is not immune if he or ...

docket:	a-53-07
court:
decided:	2008-08-04
status:
citation:
Document Size:	97718

13 N.E. v. STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 819

... 296 N.J. Super. at 385–86 (emphasis added) (quoting N.J.S.A. 59:3-14). 9 Relying on Fielder , supra , 141 N.J. at 123� ... to be judged in relation to whether his act violated N.J.S.A. 59:3-14 in that it involved 'crime, actual fraud, actual malice[,] or ... N.J. at 26 n.11. 9 In pertinent part, N.J.S.A. 59:3-14(a) provides as follows: "Nothing in this act shall exonerate ...

docket:	a3717-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	published
citation:	449 N.J.Super. 379 158 A.3d 44
Document Size:	87999

14 /usr/local/share/www/libweb/collections/courts/appellate/a0597-17.opn.html -- rank: 816

... constituted a crime, actual fraud, actual malice or willful misconduct.' N.J.S.A. 59:3-14(a). A-0597-17T1 32 When the statute permits a ...

docket:
court:
decided:
status:
citation:
Document Size:	97262

15 WILSON X. BEZERRA v. FRANK DELORENZO -- rank: 813

... constituted a crime, actual fraud, actual malice or willful misconduct." N.J.S.A. 59:3-14. The critical issue before us is whether DeLorenzo's immunity ... trumped by the "actual malice and willful misconduct" exception of N.J.S.A. 59:3-14. We directed entry of summary judgment noting that "carelessness, unreasonable ... constitute both a crime and willful misconduct vitiating any immunity. N.J.S.A. 59:3-14. It would also provide a different explanation for DeLorenzo's ...

docket:	a1149-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-07
status:	unpublished
citation:
Document Size:	75860