Search Rutgers Law Library N.J. Court Opinions

1 Estate of Hiram A. Gonzalez v. City of Jersey City -- rank: 1000

... 3, immunity for execution or enforcement of laws (public employee); N.J.S.A. 59:3-5, immunity for adoption or failure to adopt or enforce any ... under N.J.S.A. 59:3-2(d) and N.J.S.A. 59:3-5.” Id. at 152. Suarez and Morey are the cases ...

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

2 N.E. v. STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 885

... any law or by his failure to enforce any law." N.J.S.A. 59:3-5; see also Bombace v. Newark , 125 N.J. 361 , 366 (1991) (quoting N.J.S.A. 59:3-5). This immunity is absolute, thus requiring the dismissal of a ... 74. However, because defendant did not raise absolute immunity under N.J.S.A. 59:3-5 as a defense, we will address the issues under the ... 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 ...

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 S.P v. NEWARK POLICE DEPARTMENT -- rank: 883

... from the exercise of judgment or discretion vested in him."); N.J.S.A. 59:3-5 ("A public employee is not liable for an injury caused ... 1991) (citing N.J.S.A. 59:2-4 and N.J.S.A. 59:3-5). Moreover "considerations of language and structure impel the inference that ... a law. See N.J.S.A. 59:2-4, N.J.S.A. 59:3-5. The immunity provided under these sections extend to ministerial as ...

docket:	a5591-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-27
status:	published
citation:	428 N.J.Super. 210 52 A.3d 178
Document Size:	68777

4 Hazel Hamrick Lee v. Florence Brown, et al. -- rank: 877

... J.S.A. 59:3-3, or absolute immunity under N.J.S.A. 59:3-5 or -7, pursuant to the Tort Claims Act (TCA). The ... except Bierals were entitled to absolute immunity under the TCA, N.J.S.A. 59:3-5 and -7, and granted summary judgment in favor of those ... to enforce the law. Bombace, 125 N.J. at 366. N.J.S.A. 59:3-5 provides: “A public employee is not liable for an ... to enforce the law is absolutely immune from liability under N.J.S.A. 59:3-5. Further, as in Bombace, the victims of the tragic fire ... J.S.A. 59:3-3, or absolute immunity under N.J.S.A. 59:3-5 or - 7, pursuant to the Tort Claims Act (TCA). The ... except Bierals were entitled to absolute immunity under the TCA, N.J.S.A. 59:3-5 and -7, and granted summary judgment in favor of ...

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

5 WILSON X. BEZERRA v. FRANK DELORENZO -- rank: 854

... A. 59:3-3; the failure to enforce any law, N.J.S.A. 59:3-5; the issuance, denial, suspension or revocation of permits or orders ... 59:3-3, which requires showing of good faith, and N.J.S.A. 59:3-5, which does not). On one hand, "[p]roof of lack ...

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

6 JUAN LUNA v. THE ESTATE OF MARTA GONZALEZ -- rank: 818

... enforcement of any law.'" The court also found immunity under N.J.S.A. 59:3-5. The court consequently dismissed plaintiffs' state claims against Prebish and ... 59:3-3; and the failure to enforce any law, N.J.S.A. 59:3-5. These specific grants of immunity are subject to a general ... S.A. 59:3-3, and more extensive immunity under N.J.S.A. 59:3-5 both apply, a court must apply the more extensive immunity ... 59:3-3, which requires showing of good faith, and N.J.S.A. 59:3-5, which does not). Plaintiffs argue that Prebish was negligent by ... driver operate the car. They also dispute the applicability of N.J.S.A. 59:3-5 immunity, governing the failure to enforce a law. We recently ... having exercised a discretionary decision. He was also immune under N.J.S.A. 59:3-5, as he determined not to take further steps to ...

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

7 CORRIE A. ALLEN v. PATRICK B. FLYNN -- rank: 815

... motion, the motion judge relied on the Tort Claims Act, N.J.S.A. 59:3-5, which provides that "[a] public employee is not liable for ...

docket:	a6254-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-08
status:	unpublished
citation:
Document Size:	39725

8 L.E. v. THE PLAINFIELD PUBLIC SCHOOL -- rank: 797

... 4, governing the failure to provide police protection services, and N.J.S.A. 59:3-5, governing the failure to enforce laws – shield defendants from ... provide sufficient police protection service.' The court also relied on N.J.S.A. 59:3-5, which provides immunity to public employees for injuries 'caused . . . by ... granted by N.J.S.A. 59:5-4 and N.J.S.A. 59:3-5. A-3638-16T1 8 They bear the burden to plead ... 59:5-4, or a 'failure to enforce any law,' N.J.S.A. 59:3-5. The trial court and defendants misplace reliance on Setrin v ... claim and N.J.S.A. 59:5-4 or N.J.S.A. 59:3-5. A-3638-16T1 10 The other reported police-protection cases ... at 373-74. The Court noted that the immunity under N.J.S.A. 59:3-5 and N.J.S.A. 59:2-4 addresses ' ...

docket:	a3638-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-05
status:	Published
citation:	456 N.J.Super. 336 194 A.3d 105
Document Size:	38909

9 SUSAN ZELLER v. NEW JERSEY STATE POLICE -- rank: 797

... ministerial. Id. at 152-53. We also found immunity under N.J.S.A. 59:3-5, shielding from liability public employees who act in good faith ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/a4391-14.opn.html -- rank: 776

... Bierals argue that Bierals is entitled to absolute immunity under N.J.S.A. 59:3-5 and -7, and the trial court erred in holding that ... all defendants, with the exception of Bierals, were immunized under N.J.S.A. 59:3-5 and -7, and thus granted those defendants summary judgment. Specifically ... is whether Bierals is entitled to either absolute immunity under N.J.S.A. 59:3-5 and -7, or qualified immunity under N.J.S.A ... v. City of Newark , 125 N.J. 361 , 366 (1991). N.J.S.A. 59:3-5 provides that "[a] public employee is not liable for an ... faith." Bombace , supra , 125 N.J. at 367 (first quoting N.J.S.A. 59:3-5; then quoting N.J.S.A. 59:3-3). The ... that they are entitled to the absolute immunity provided by N.J.S.A. 59:3-5. Specifically, they contend that Bierals took action to enforce ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	40887

11 ERICA TURNER v. TOWNSHIP OF IRVINGTON -- rank: 748

... 5-5, N.J.S.A. 59:2-4 and N.J.S.A. 59:3-5 to be unqualified and absolute; the "legislative policies of the ... activities); or N.J.S.A. 59:2-4 or N.J.S.A. 59:3-5 (immunity for police officer's failure to enforce the law ...

docket:	a5478-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-23
status:	published
citation:	430 N.J.Super. 274 63 A.3d 1233
Document Size:	39752

12 LAURA PAPPAS v. UNION TOWNSHIP -- rank: 729

... 51 (footnote omitted).] We recognize that Morey was decided under N.J.S.A. 59:3-5, and not N.J.S.A. 59:5-4: Vinci's decisions in the field were protected under N.J.S.A. 59:3-5. Although it is true that a municipal police officer does ... personnel resource. This fact gives rise to the immunity under N.J.S.A. 59:3-5. . . . . We hold that on these facts, Vinci had no mandatory ...

docket:	a5850-08
court:	superior court appellate division
decided:	2010-08-20
status:	unpublished
citation:
Document Size:	49179

13 CHARLOTTE LIPPINCOTT v. CITY OF BURLINGTON POLICE DEPARTMENT and CITY OF BURLINGTON -- rank: 711

... 3-2a, N.J.S.A. 59:3-3, and N.J.S.A. 59:3-5. Dismissing plaintiff's complaint, the motion judge found that the ... v. City of Newark , 125 N.J. 361 , 366 (1991). N.J.S.A. 59:3-5 immunizes a public employee from liability for "failure to enforce ... under either N.J.S.A. 59:5-5 or N.J.S.A. 59:3-5. Accordingly, we affirm. Although the Burlington Police Department is a ...

docket:	A3809-04
court:	NJ Superior Court Appellate Division
decided:	2006-05-08
status:	unpublished
citation:
Document Size:	47229

14 MATHEW BRASKI v. STATE OF NEW JERSEY, et al. -- rank: 690

... Div.) (under N.J.S.A. 59:2-4 and N.J.S.A. 59:3-5, State Division of Civil Rights and its employees were immune ...

docket:	A0783-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-10
status:	unpublished
citation:
Document Size:	104683

15 DANIEL MATTOS, v. PVT. PETER S. HOTALEN -- rank: 677

... to enforce the law is absolutely immune from liability under N.J.S.A. 59:3-5. Further, as in Bombace, the victims of the tragic fire ... that in Lee, the Court's reasoning was guided by N.J.S.A. 59:3-5, which provides: '[a] public employee is not liable for an ...

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