Search Rutgers Law Library N.J. Court Opinions

1 FIELDER V. STONACK -- rank: 1000

... vehicle and an innocent third party. The court held that N.J.S.A. 59:3-3 (section 3-3), which provides immunity for a public employee ... applied to the facts before it.     The court held that N.J.S.A. 59:3-3. "We are satisfied . . . that this section does not apply to ... an alternate basis for immunity: the qualified immunity afforded by N.J.S.A. 59:3-3. Under that section, "[a] public employee is not liable if ... good faith in the execution or enforcement of any law." N.J.S.A. 59:3-3. The court below concluded that section 3-3 "can[not ... not adequately fulfill the legislative purpose. Although we believe that N.J.S.A. 59:3-3 applies to police officers engaged in pursuits, N.J.S.A. 59:3-3 could result in summary judgment on these facts and ...

docket:	a-115-94
court:	njsupreme
decided:	1995-07-06
status:
citation:	141 N.J. 101
Document Size:	85979

2 N.E. v. STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 971

... Division also argued it was entitled to qualified immunity under N.J.S.A. 59:3-3. The trial judge rejected defendants' application as a matter of ... instructed the jury to consider the good faith immunity of N.J.S.A. 59:3-3 only with respect to certain aspects of the investigation. The ... faith in the enforcement or execution of any law. See N.J.S.A. 59:3-3. The decision to remove a child involuntarily from the custody ... will address the issues under the qualified immunity standard in N.J.S.A. 59:3-3. In contrast to N.J.S.A. 59:3-5, N.J.S.A. 59:3-3 provides qualified immunity with respect to the enforcement of a ... or enforcement of any law." The qualified immunity afforded by N.J.S.A. 59:3-3 has two components. A public employee is entitled to ...

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

3 Estate of Hiram A. Gonzalez v. City of Jersey City -- rank: 969

... in good faith and were therefore immune from liability under N.J.S.A. 59:3-3. In doing so, the trial court analogized the facts of ... 2(a) and (d), immunity for discretionary activities (public employee); N.J.S.A. 59:3-3, immunity for execution or enforcement of laws (public employee); N ... A. 26:2B-16’s provisions. Amici also assert that N.J.S.A. 59:3-3 applies because the statute requires only “good faith” in ... arrived. Furthermore, the Estate asserts that the TCA immunities of N.J.S.A. 59:3-3 and :3-2(d) do not apply because the officers ... enforcement function.” Morey, 232 N.J. Super. at 154. N.J.S.A. 59:3-3 will be discussed in Section III.C.4., infra. 17 ...

docket:	a-19-20
court:	NJ Supreme Court
decided:	2021-08-04
status:
citation:
Document Size:	71789

4 SOPHARIE LEANG et al. v. JERSEY CITY BOARD OF EDUCATION, -- rank: 935

... 173 , 179, 185 (1998). The "good faith" standard encompassed in N.J.S.A. 59:3-3 is one of "objectively reasonable conduct." Lascurain v. City of ... 1996). Summary judgment under the good faith immunity standard of N.J.S.A. 59:3-3 should be granted only "if public employees can establish that ... defendants contend that they are immune from suit based on N.J.S.A. 59:3-3, which provides: "A public employee is not liable if he ... public employee from liability for false arrest or false imprisonment." N.J.S.A. 59:3-3 ; see also O'Brien v. Borough of Woodbury Heights , 679 ... executing or enforcing that would trigger good-faith immunity under N.J.S.A. 59:3-3 and we know of none . The conduct that underlies the ... faith as a condition of the qualified immunity afforded by N.J.S.A. 59:3-3 and actual malice in the New York Times sense ...

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

5 Blase J. Toto, et al. v. Sheriff's Officer Rolando Ensuar, et al. -- rank: 914

... to liability and damages contained in the Act. Additionally, although N.J.S.A. 59:3-3 provides that a public employee is not liable if he ... arrest/false imprisonment, the objective good faith defense provided in N.J.S.A. 59:3-3 does not apply to these claims. The failure of the ... charge the jury that the Act’s good faith defense, N.J.S.A. 59:3-3, did not apply to plaintiff’s false arrest/false imprisonment ... charge to the jury on the good faith defense of N.J.S.A. 59:3-3 for plaintiff’s false arrest/false imprisonment claim. The Appellate ... section of the Act that we need to consider is N.J.S.A. 59:3-3, which provides that “[a] public employee is not liable ... charged the jury to consider the good faith defense of N.J.S.A. 59:3-3 when deciding his false arrest/false imprisonment claims against ...

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

6 Hazel Hamrick Lee v. Florence Brown, et al. -- rank: 902

... whether an electrical inspector is entitled to qualified immunity under N.J.S.A. 59:3-3, or absolute immunity under N.J.S.A. 59:3 ... court determined that Bierals was entitled to qualified immunity under N.J.S.A. 59:3-3 and that a genuine dispute of material fact existed as ... only to qualified immunity when they are enforcing the law. N.J.S.A. 59:3-3 (“A public employee is not liable if he acts ... into affirmative acts governed by the good-faith immunity of [ N.J.S.A. 59:3- 3].” Id. at 371. Absolute immunity under the TCA â ... whether an electrical inspector is entitled to qualified immunity under N.J.S.A. 59:3-3, or absolute immunity under N.J.S.A. 59:3 ... are entitled to qualified or absolute immunity under the TCA, N.J.S.A. 59:3-3, -5, or -7. During discovery, Bierals and the City ...

docket:	a_7_8_16
court:	NJ Supreme Court
decided:	2018-02-21
status:
citation:
Document Size:	45203

7 SUSAN ZELLER v. NEW JERSEY STATE POLICE -- rank: 892

... under N.J.S.A. 59:3-2(d) and N.J.S.A. 59:3-3, and therefore granted summary judgment in their favor. The judge ... IN FINDING THAT [DEFENDANTS] WERE IMMUNE UNDER THE PROVISION OF N.J.S.A. 59:3-3. IV. IN THE EVENT [THE] JUDGE'S [] DECISION FOUND THAT ... motion judge, whether defendants were also immune from liability under N.J.S.A. 59:3-3 ("act[ing] in good faith in the execution or enforcement ...

docket:	a1751-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-06
status:	unpublished
citation:
Document Size:	44328

8 WILSON X. BEZERRA v. FRANK DELORENZO -- rank: 888

... various activities including: good faith execution or enforcement of law, N.J.S.A. 59:3-3; the failure to enforce any law, N.J.S.A ... argues that DeLorenzo could not avail himself of immunity under N.J.S.A. 59:3-3, "good faith . . . execution or enforcement of any law," because he ... 365 (1996) (stating that recklessness usually denied good faith under N.J.S.A. 59:3-3); Dunlea v. Twp. of Belleville , 349 N.J. Super. 506 ... decide whether DeLorenzo is entitled to good faith immunity under N.J.S.A. 59:3-3 because, as we note, his actions fall within the other ... N.J. at 131-33 (where good faith immunity under N.J.S.A. 59:3-3 and more extensive immunity under N.J.S.A. 59 ... N.J. 361 , 367-68 (1991) (distinguishing between immunity under N.J.S.A. 59:3-3, which requires showing of good faith, and N.J. ...

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

9 Alston v. City of Camden -- rank: 878

... 17-21) 3. Defendants are also entitled to immunity under N.J.S.A. 59:3-3, which provides that a public employee is not liable if ... S.A. 59:5-2b and good faith immunity under N.J.S.A. 59:3-3, apply to defendants. See footnote 1 1 A                      Pursuit Immunity ... to consider whether defendants also are entitled to immunity under N.J.S.A. 59:3-3, which provides: “A public employee is not liable if he ... rights or other injury . . . .” Ibid.     Although “'good faith' pursuant to N.J.S.A. 59:3-3, and the Legislature's refusal to grant the officer immunity ... the pursuit, and thus falls outside the immunity provided in N.J.S.A. 59:3-3, as a theoretical matter, applies to a police officer engaged ... is acting “in the execution or enforcement of any law.” N.J.S.A. 59:3-3. However, because I continue to distinguish, as a matter ...

docket:	a-34-00
court:	njsupreme
decided:	2001-06-28
status:
citation:	168 N.J. 170
Document Size:	54215

10 JUAN LUNA v. THE ESTATE OF MARTA GONZALEZ -- rank: 869

... 3-2b and d. The judge also grounded immunity under N.J.S.A. 59:3-3, as Prebish acted in "'good faith in the execution or ... 59:3-2; good faith execution or enforcement of law, N.J.S.A. 59:3-3; and the failure to enforce any law, N.J.S ... S.A. 59:3-2d. Where good faith immunity under N.J.S.A. 59:3-3, and more extensive immunity under N.J.S.A. 59 ... N.J. 361 , 367-68 (1991) (distinguishing between immunity under N.J.S.A. 59:3-3, which requires showing of good faith, and N.J.S ...

docket:	a5443-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-13
status:	unpublished
citation:
Document Size:	53311

11 JACK NEWMAN, et al. v. EUGENE NEWMAN -- rank: 852

... erred in determining defendants to be immune under the Act. N.J.S.A. 59:3-3 provides that "[a] public employee is not liable if he ... 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; a ccord ... Super. at 94. The immunity provisions of the Act, including N.J.S.A. 59:3-3, do not apply if the employee's conduct was "outside ... he was at worst, negligent, and would be immunized by N.J.S.A. 59:3-3. Mindful that the complaint does not even connect the Prosecutor ... 2d[;] nor . . . do plaintiffs have a claim under section 1983. N.J.S.A. 59:3-3 provides that a public employee is not liable if ...

docket:	a6710-03
court:	njappellate
decided:	2006-05-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	156229

12 Blase J. Toto, et al. v. Sheriff\'s Officer Rolando Ensuar, et al. -- rank: 849

... to liability and damages contained in the Act. Additionally, although N.J.S.A. 59:3-3 provides that a public employee is not liable if he ... arrest/false imprisonment, the objective good faith defense provided in N.J.S.A. 59:3-3 does not apply to these claims. The failure of the ... charge the jury that the Act's good faith defense, N.J.S.A. 59:3-3, did not apply to plaintiff's false arrest/false imprisonment ... charge to the jury on the good faith defense of N.J.S.A. 59:3-3 for plaintiff's false arrest/false imprisonment claim. The Appellate ... to police vehicular pursuits is exception for "willful misconduct" in N.J.S.A. 59:3-3, which provides that "[a] public employee is not liable if ... DelaCruz nor Velez abrogated the plain and unambiguous language of N.J.S.A. 59:3-3 when deciding his false arrest/false imprisonment claims against ...

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

13 DelaCruz v. Borough of Hillsdale -- rank: 838

... to common-law false arrest/false imprisonment claims. Furthermore, under N.J.S.A. 59:3-3, a police officer's subjective good-faith belief as to ... false arrest/false imprisonment claims, the Appellate Division relied on N.J.S.A. 59:3-3 too broadly. By its unambiguous and specific terms, this provision ... 14—17). 2. The Appellate Division's broad reading of N.J.S.A. 59:3-3 needlessly eliminates other provisions of the Tort Claims Act applicable ... the verbal threshold of the New Jersey Tort Claims Act, N.J.S.A. 59:3-3, a police officer’s subjective good faith belief as to ... is inapplicable to false arrest/false imprisonment claims, reasoning that N.J.S.A. 59:3-3 exempts false arrest and false imprisonment claims from the reach of the verbal threshold bar. We disagree.      N.J.S.A. 59:3-3 provides in full:     A public employee is not liable ...

docket:	a-72-03
court:	njsupreme
decided:	2005-04-12
status:
citation:	*CITE_PENDING*
Document Size:	67192

14 WILLIAM TAGLIERI, et al. v. ALBERT MOSS, M.D. -- rank: 830

... conduct outside the scope of the public employment. Footnote: 16 N.J.S.A. 59:3-3 provides: A public employee is not liable if he acts ...

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

15 WILLIAM TAGLIERI, et al. v. ALBERT MOSS, M.D. -- rank: 830

... conduct outside the scope of the public employment. Footnote: 16 N.J.S.A. 59:3-3 provides: A public employee is not liable if he acts ...

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