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1 SHANA FAITH MASSACHI, as Administratrix and Administratix ad Prosequendum of the Estate of Sohayla Massachi and ANDY FULLER Administrator of the Estate of Pamala Joy Fuller v. AHL SERVICES, INC., USA SECURITY SERVICES, INC ARGENBRIGHT SECURITY, INC DA -- rank: 1000

... judgment, finding that the City was immune from liability under N.J.S.A. 59:5-4, a section of the Tort Claims Act, N.J.S ... A. 59:1-1 to 12-3 (Act or TCA). N.J.S.A. 59:5-4 provides immunity for the failure of a public entity and ... do not address the City's alternate immunity claim under N.J.S.A. 59:5-4, but not under 324 N.J. Super. 235 (App. Div ... failure to provide police protection, is entitled to immunity under N.J.S.A. 59:5-4. He reasoned that the facts in Sczyrek were on "all ... City also argued that it was entitled to immunity under N.J.S.A. 59:5-4, he commented, "having done so, it's not necessary that ... we now decide whether the motion judge correctly determined that N.J.S.A. 59:5-4 immunizes the City from liability for the negligent acts ...

docket:	a1113-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-15
status:
citation:
Document Size:	73308

2 RACHEL A. PARSONS v. MULLICA TOWNSHIP BOARD OF EDUCATION -- rank: 997

... denied , 117 N.J. 35 (1989). We also have held N.J.S.A. 59:5-4 does not immunize ministerial acts by police officers, because of ... Cf. Rochinsky , supra , 110 N.J. at 412 (noting that N.J.S.A. 59:5-4 has "been found to cover ministerial as well as discretionary ... for ministerial acts] yields to a grant of immunity" under N.J.S.A. 59:5-4, citing Wuethrich , supra , 155 N.J. Super. at 326). This ...

docket:	a0643-14
court:	NJ Superior Court Appellate Division
decided:	2015-03-30
status:	published
citation:	440 N.J.Super. 79 111 A.3d 144
Document Size:	62443

3 ANASIA MAISON v. NJ TRANSIT CORP -- rank: 938

... provide police protection under the New Jersey Tort Claims Act, N.J.S.A. 59:5-4." Plaintiff filed a timely motion for reconsideration, which was assigned ... argued there might be another basis for liability. Defendants argued N.J.S.A. 59:5-4 barred suit. The second judge responded that NJ Transit "may ... review the principles of the TCA and our interpretation of N.J.S.A. 59:5-4. In 1972, the Legislature adopted the TCA, "which reestablished the ... v. N.J. Transit , 176 N.J. 185 , 194 (2003). N.J.S.A. 59:5-4 provides that "[n]either a public entity nor a public ... denied , 163 N.J. 75 (2000). "We have held that [ N.J.S.A. 59:5-4] should be construed as conferring a 'broad' immunity." Kepler v ... N.J. 291 (1984)). A "specifically granted immunit[y]" like N.J.S.A. 59:5-4 takes precedence over the "liability provisions of the Act." ...

docket:	a1761-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-06
status:	unpublished
citation:
Document Size:	46710

4 Estate of Hiram A. Gonzalez v. City of Jersey City -- rank: 845

... or failure to adopt or enforce any law (public employee); N.J.S.A. 59:5-4, immunity for failure to provide police protection; 10 and N ... roadway.” Ibid. 7 The Appellate Division’s decision involved N.J.S.A. 59:5-4, which provides immunity for failure to provide police protection. Suarez ... arrest him. Additionally, immunity for failure to provide police protection, N.J.S.A. 59:5-4, does not apply. N.J.S.A. 59:5-4 applies generally to “political decisions,” such as a ...

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

5 I'ASIA MORELAND v. Estate of WILLIAM PARKS -- rank: 818

... intersection, their claims were barred by police protection immunity under N.J.S.A. 59:5-4. Acknowledging that plaintiffs insisted they were 'not alleging failure to ... Super. 39 (App. Div. 1983), that we found barred by N.J.S.A. 59:5-4. The judge also rejected plaintiffs' argument 'that even if the ... policing plan is immunized by the police protection immunity under N.J.S.A. 59:5-4, which states: 'Neither a public entity nor a public employee ...

docket:	a1645-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	53343

6 MICHAEL AVERSANO, et al. v. PALISADES INTERSTATE PARKWAY COMMISSION, et al. -- rank: 801

... State claimed that the officers were immune from liability under N.J.S.A. 59:5-4, which provides that "[n]either a public entity nor a ... the State's argument, finding nothing in the language of N.J.S.A. 59:5-4 to negate the common law duty of police officers to ... liability for negligence in the performance of his ministerial duties. N.J.S.A. 59:5-4 does not insulate police officers from unfortunate results of their ...

docket:	A3947-01
court:	NJ Superior Court Appellate Division
decided:	2003-10-01
status:	published
citation:	363 N.J. Super. 266 832 A.2d 914
Document Size:	75333

7 CHERYL SCZYREK, Administratrix, et al. -- rank: 796

... are satisfied that the immunity provisions of the Act, particularly N.J.S.A. 59:5-4, do apply and require dismissal of the complaint, we affirm ... from the asserted non-response to Brown's warnings. I ���� N.J.S.A. 59:5-4, a part of the New Jersey Tort Claims Act, N ... death action, the defendants relied on the immunity provisions of N.J.S.A. 59:5-4, claiming that it afforded the officers and the State �full ... all-inclusive scope urged by defendants, this court concluded that N.J.S.A. 59:5-4 had a more limited, albeit still significant, effect. The section ... footnote 6 Id . at 9. Thus, this court concluded that N.J.S.A. 59:5-4, ��������precludes suits against municipalities and their responsible officers based upon ... out a like exegesis of the meaning and effect of N.J.S.A. 59:5-4. There, in denying a claim based on inadequate security ...

docket:	a0106-97
court:	njappellate
decided:	1999-08-10
status:	published
citation:	<a href=
Document Size:	29612

8 JANET HENEBEMA v. DOMENICO RADDI, JR. -- rank: 752

... A. 52:17C-10 (9-1-1 dispatcher immunity) and N.J.S.A. 59:5-4 (failure to provide police protection). Plaintiff maintains that the judge ... defenses of N.J.S.A. 52:17C-10 and N.J.S.A. 59:5-4, we hold that the judge must first determine whether defendants ... pursuant to N.J.S.A. 52:17C-102 and N.J.S.A. 59:5-4.3 Defendants 2 N.J.S.A. 52:17C-10 ... willful disregard for the safety of persons or property. 3 N.J.S.A. 59:5-4 provides that '[n]either a public entity nor a public ... 15T4 3(d), and then raised for the first time N.J.S.A. 59:5-4, even though such a defense had always been available. See ... N.J. Super. 1, 9 (App. Div. 1979) (concluding that N.J.S.A. 59:5-4 provides a general immunity, with exceptions, based upon a ...

docket:	a2460-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-06
status:	published
citation:	452 N.J.Super. 438 175 A.3d 190
Document Size:	80943

9 STEPHANEE THOMPSON v. STATE OF NEW JERSEY -- rank: 749

... TCA. The judge stated: [C]ases applying immunity provisions of N.J.S.A. 59:5-4 have generally interpreted those provisions in a manner which would ... or to arrest the culprit under the immunity granted under N.J.S.A. 59:5-4 and 59:5-5. Based upon those immunities and the ... is provided, for failure to provide sufficient police protection service. " N.J.S.A. 59:5-4. Similarly, " [n]either a public entity nor a public employee ... 171 N.J. Super. 1 , 10 (App. Div. 1979) (holding " N.J.S.A. 59:5-4 [will] not insulate police officers from unfortunate results of their ...

docket:	a1973-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-17
status:	unpublished
citation:
Document Size:	58163

10 CORRIE A. ALLEN v. PATRICK B. FLYNN -- rank: 747

... liability for negligence in the performance of his ministerial duties. N.J.S.A. 59:5-4 does not insulate police officers from unfortunate results of their ... have held that police officers are entitled to immunity under N.J.S.A. 59:5-4 when their failure to provide police protection or sufficient police ... police officers negligently perform ministerial duties, we have concluded that " N.J.S.A. 59:5-4 does not insulate police officers from [the] unfortunate results of ... 1 operator duties is not entitled to any immunity under N.J.S.A. 59:5-4. Here, the motion judge concluded that the reasoning in Suarez ... circumstances of that case. In Suarez , the State argued that N.J.S.A. 59:5-4 provides a "full and complete immunity from all tort liability ... and pervasive immunity" that the State argued was inherent in N.J.S.A. 59:5-4 would make the immediately following provision, N.J.S. ...

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

11 L.E. v. THE PLAINFIELD PUBLIC SCHOOL -- rank: 747

... provisions of the Tort Claims Act (TCA or Act) – N.J.S.A. 59:5-4, governing the failure to provide police protection services, and N ... found defendants were immune under the TCA. The court invoked N.J.S.A. 59:5-4, which provides public entities and employees immunity for 'failure to ... provisions, defendants seek protection under the specific immunities granted by N.J.S.A. 59:5-4 and N.J.S.A. 59:3-5. A-3638 ... City Bd. of Educ., 198 N.J. 557, 582 (2009). N.J.S.A. 59:5-4 'precludes suit against municipalities and their responsible officers based upon ... failure to provide A-3638-16T1 9 police protection service,' N.J.S.A. 59:5-4, or a 'failure to enforce any law,' N.J.S ... not address the interplay between a negligent supervision claim and N.J.S.A. 59:5-4 or N.J.S.A. 59:3-5. A- ...

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

12 Marcinczyk v. State of New Jersey Police Training Commission -- rank: 681

... person resisting arrest, or enforcement officer’s pursuit of person); N.J.S.A. 59:5-4 (immunizing law enforcement officials for failure to provide police protection ...

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

13 FAMOUS RIVERA v. CITY OF PLAINFIELD BLACK UNITED FUND -- rank: 634

... conferred by N.J.S.A. 59:2-5 and N.J.S.A. 59:5-4. Plaintiffs timely moved for reconsideration. In support, they filed a ... also took note of and applied the immunity provided by N.J.S.A. 59:5-4. That section provides "[n]either a public entity nor a ...

docket:	a4558-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-03
status:	Published
citation:
Document Size:	35200

14 MORTON SCHNEIDER et al. v. TOWNSHIP OF DOVER -- rank: 622

... who arrested Morton Schneider and that the express provisions of N.J.S.A . 59:5-4 precluded liability based upon the municipality's "failure to investigate ...

docket:	a4312-05
court:	njappellate
decided:	2007-08-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65405

15 SUSAN ZELLER v. NEW JERSEY STATE POLICE -- rank: 607

... the lawsuit that inevitably followed, the State sought immunity under N.J.S.A. 59:5-4, which provides that "[n]either a public entity nor a ... ministerial duties." Suarez , 171 N.J. Super. at 9-10. N.J.S.A. 59:5-4 does not insulate police officers from unfortunate results of their ... present purposes, Suarez was decided under the immunity provision of N.J.S.A. 59:5-4, and not N.J.S.A. 59:3-2(d ...

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