Search Rutgers Law Library N.J. Court Opinions

1 JASMINE ROACH v. NEW JERSEY STATE PAROLE BOARD -- rank: 1000

... Rule 4:6-2(e), contending defendants were immune under N.J.S.A. 59:5-2(a). After oral argument, the trial court 3 A-2277 ... court dismissed plaintiff's complaint because defendants were immune under N.J.S.A. 59:5-2(a). We agree. A. Since 1972, N.J.S.A. 59:5-2 has stated in pertinent part: Neither a public entity nor ... of immunity, not liability.' Ibid. Nothing in the language of N.J.S.A. 59:5-2 draws any distinction between ministerial and discretionary acts. In particular ... release or from the revocation of his parole or release.' N.J.S.A. 59:5-2(a). Thus, the plain language of 5-2(a) is ... forty years this court and our Supreme Court have interpreted N.J.S.A. 59:5-2 to provide absolute immunity, 6 A-2277-15T2 including ...

docket:	a2277-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-09
status:	unpublished
citation:
Document Size:	94397

2 S.P v. NEWARK POLICE DEPARTMENT -- rank: 807

... the Legislature essentially codified Tice and related cases by amending N.J.S.A. 59:5-2 to add subsection (c), providing express TCA immunity for "any ...

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

3 FIELDER V. STONACK -- rank: 793

... resisting arrest; or          (4)    a prisoner to any other prisoner. [ N.J.S.A. 59:5-2.]     Section 3-3 provides:             A public employee is not liable ...

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

4 J.R. v. NEW JERSEY STATE PAROLE BOARD -- rank: 791

... or the terms and conditions of the prisoner's parole. N.J.S.A. 59:5-2(a). But that broad grant of immunity does not exonerate ... as a result, defendant is not immune from liability under N.J.S.A. 59:5-2(a) and instead is liable under N.J.S.A ... 14(a), and defendant therefore is immune from liability under N.J.S.A. 59:5-2(a). Based on our review of the record, the parties ... for summary judgment, arguing they were immune from liability under N.J.S.A 59:5-2(a). A-1936-21 3 The court granted the motion ... 6-2(e), because defendants were immune from liability under N.J.S.A. 59:5-2(a) for the only claim asserted in the complaint—that ... matter of law because he is immune from liability under N.J.S.A. 59:5-2(a) and plaintiff lacked evidence he engaged in willful ...

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status:	Unpublished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

5 WILSON X. BEZERRA v. FRANK DELORENZO -- rank: 768

... S.A. 59:3-3 and more extensive immunity under N.J.S.A. 59:5-2 both apply, Court applies more extensive immunity); Bombace v. Newark ...

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

6 Marcinczyk v. State of New Jersey Police Training Commission -- rank: 709

... failure to provide penal or correctional facilities, equipment, or personnel); N.J.S.A. 59:5-2 (immunizing law enforcement officials from claims caused by escaping prisoner ...

docket:	a-19-09
court:	New Jersey Supreme Court
decided:	2010-10-18
status:
citation:
Document Size:	74667

7 T.S. AND R.S., h/w v. NEW LISBON DEVELOPMENTAL CENTER -- rank: 707

... caused by: (1) an escaped person evading arrest, pursuant to N.J.S.A. 59:5-2, (2) and an escaped mental patient, pursuant to N.J ... employees for injuries caused by an escaping or escaped person, N.J.S.A. 59:5-2(b)(2), or the escape of a person "confined for ... J. Super. at 318. In applying the immunity provisions of N.J.S.A. 59:5-2, we determined "escape," as used in the TCA, encompasses the ... the trial judge's conclusion that T.E. qualified under N.J.S.A. 59:5-2 and N.J.S.A. 59:6-7 as an ... concluded the officer's conduct was not immune according to N.J.S.A. 59:5-2 because the putative traffic offender violator was not attempting to ...

docket:	a3779-08
court:	NJ Superior Court Appellate Division
decided:	2010-05-14
status:	unpublished
citation:
Document Size:	31535

8 MARTHA GODOY v. KENNETH WASHINGTON -- rank: 693

... from liability under the Tort Claims Act (TCA),3 specifically N.J.S.A. 59:5-2(b) and (c) and 59:3-3. In addition to ... the policies. Therefore, defendants were entitled to summary judgment under N.J.S.A. 59:5-2(b) and (c). The judge also determined N.J.S ... J. 469, 480 (2016)). We begin with a consideration of N.J.S.A. 59:5-2(b) and (c), that provide immunity to a public employee ... N.J. 347, 367 (1993), our Supreme Court declared that N.J.S.A. 59:5-2(b) 'immunizes absolutely all negligence of . . . the public employee that ... Tice Court found that the use of 'escaping person' in N.J.S.A. 59:5-2(b)(2) encompassed a person fleeing from a vehicular police ... was 'satisfied that [the officer was] entitled to immunity under N.J.S.A. 59:5-2(b)(2) as a matter of law, [but] in ...

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

9 Alston v. City of Camden -- rank: 675

... under the pursuit immunity provision of the Tort Claims Act, N.J.S.A. 59:5-2, relieves a police officer and the public entity of any ... 1997, the Legislature essentially codified Tice and Fielder by amending N.J.S.A. 59:5-2 to provide that, in addition to the immunity under subsection ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/a4286-16.opn.html -- rank: 664

... by a law enforcement officer's pursuit of a person.' N.J.S.A. 59:5-2(c). Although the immunity is broad, it does not extend ... v. Stonack, 141 N.J. 101, 123 (1995) (concluding that N.J.S.A. 59:5-2(b) 'provides absolute immunity, absent willful misconduct'); Tice v. Cramer ... A-4286-16T3 12 (1993) (stating that pursuit immunity under N.J.S.A. 59:5-2(b) is 'absolute except in the event of willful misconduct ... not imputed) 5 Fielder addressed a pursuit before adoption of N.J.S.A. 59:5-2(c). However, the Supreme Court subsequently considered 5-2(c ... A. 59:3-3 and the more extensive immunity under N.J.S.A. 59:5-2 both apply to police pursuits, the Supreme Court based its ...

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

11 DANNY CAICEDO v. FABIAN CAICEDO -- rank: 646

... the context of police pursuits, our courts have frequently applied N.J.S.A. 59:5-2(b) and 5-2(c) (which, respectively, provide immunity from ... Tice v. Cramer , 133 N.J. 347 , 367 (1993) (applying N.J.S.A. 59:5-2(b)(2) and (b)(3) and thus not reaching the ... J. Super. 404 , 408 (App. Div. 2000) (declining to apply N.J.S.A. 59:5-2(b)(2) to an officer "attempt[ing] to close the ...

docket:	a6163-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-17
status:	published
citation:	439 N.J.Super. 615 110 A.3d 969
Document Size:	43787

12 OMER JACKSON, ET AL. VS. COUNTY OF HUDSON, ET AL. -- rank: 628

... plaintiffs argue the trial court erred in his application of N.J.S.A. 59:5-2(b)(2), which confers immunity on police officers for injuries ... 328 N.J. Super. 24, 34 (App. Div. 2000). Under N.J.S.A. 59:5-2(b)(2), neither a public entity nor a public employee ... by a law enforcement officer's pursuit of a person.' N.J.S.A. 59:5-2(c). Thus, barring a finding of willful misconduct, Officer Maure ...

docket:	a3111-22
court:	appellate
decided:	2024-04-02
status:	Unpublished
citation:
Document Size:	18475

13 LOIS CHIPEPO v. STATE OF NEW JERSEY -- rank: 614

... by a law enforcement officer's pursuit of a person.' N.J.S.A. 59:5-2(c). However, N.J.S.A. 59:3-14(a ... J. at 128. Therefore, defendants are entitled to immunity under N.J.S.A. 59:5- 2(c). Plaintiff further argues that there is some evidence in ... A-4957-16T3 15 defendants were entitled to immunity under N.J.S.A. 59:5-2(c), and plaintiff failed to present sufficient evidence to show ...

docket:	a4957-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-15
status:	Unpublished
citation:
Document Size:	28492

14 ESTATE OF JUAN LOPEZ v. CITY OF CAMDEN -- rank: 612

... favor of defendants, dismissing all claims with prejudice pursuant to N.J.S.A. 59:5-2(b). Although finding there might be a question of fact ... is entitled to immunity for his actions pursuant to both N.J.S.A. 59:5-2(b)(2) and (c). 4 The issue of immunity is ... a police pursuit. The Court found that absent willful misconduct, N.J.S.A. 59:5-2(b)(2) conferred absolute immunity to all injuries arising out ... of willful misconduct, the defendants are entitled to immunity under N.J.S.A. 59:5-2(b)(2) and (c). The limits of a public employee ... by a law enforcement officer’s pursuit of a person. [ N.J.S.A. 59:5-2(b)(2), (c).] This archive is a service of Rutgers ...

docket:	a2173-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-15
status:	unpublished
citation:
Document Size:	25361

15 MICHAEL BLUNT VS ANNA KLAPPROTH, ET AL -- rank: 605

... police command ." Margolis & Novack, Claims Against Public Entities , comment to N.J.S.A. 59:5-2 (Gann 1997) (emphasis added). Wirtz failed to stop at a ...

docket:	a2279-96
court:	njappellate
decided:	1998-03-03
status:	published
citation:	309 N.J.Super. 493
Document Size:	52751