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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

... is provided, for failure to provide sufficient police protection service. N.J.S.A. 59:5-5 provides: Neither a public entity nor a public employee is ... A. 59:5-4 would make the immediately following provision, N.J.S.A. 59:5-5, "entirely superfluous." Id. at 8. The same is true here. N.J.S.A. 59:5-5 provides immunity for the failure of police to "make an ... have had no reason to provide a specific immunity in N.J.S.A. 59:5-5 for the failure of police to make an arrest. Thus ... of Camden, that determination was based on the provisions of N.J.S.A. 59:5-5, which the City does not rely on here. However, our ... 72. Ultimately, we affirmed the motion judge's determination that N.J.S.A. 59:5-5, which affords immunity for the failure to make an ...

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

2 Estate of Hiram A. Gonzalez v. City of Jersey City -- rank: 890

... 4, immunity for failure to provide police protection; 10 and N.J.S.A. 59:5-5, immunity for failure to arrest or retain a person arrested ... find that the immunity for failure to make an arrest, N.J.S.A. 59:5-5, does not apply. N.J.S.A. 26:2B-16 ...

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

3 S.P v. NEWARK POLICE DEPARTMENT -- rank: 816

... the [PDVA] provides an express exception to the [TCA] immunity N.J.S.A. 59:5-5 provides to public entities and public employees" for "failure to ... for their failure to arrest Santiago pursuant to the TCA, N.J.S.A. 59:5-5. The City also argued the PDVA did not apply because ... PDVA created an exception to the absolute immunity provision of N.J.S.A. 59:5-5, and required the officers to arrest Santiago when S.P ... also provided a specific, unqualified immunity for failure to arrest. N.J.S.A. 59:5-5 states that, "[n]either a public entity nor a public ... with an unqualified immunity for failure to make an arrest. N.J.S.A. 59:5-5. In Lee v. John Doe , 232 N.J. Super. 569 ... grant of summary judgment based on the immunity conferred by N.J.S.A. 59:5-5. Id. at 581. We relied, in part, on our ...

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 STEPHANEE THOMPSON v. STATE OF NEW JERSEY -- rank: 768

... for injury caused by the failure to make an arrest . . . . " N.J.S.A. 59:5-5; see also Lee , supra , 232 N.J. Super. at 575 ... police officers immune from liability for failure to arrest under N.J.S.A. 59:5-5, reasoning they did not "increase[] plaintiff's risk of harm ...

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

5 CORRIE A. ALLEN v. PATRICK B. FLYNN -- rank: 763

... A. 59:5-4 would make the immediately following provision, N.J.S.A. 59:5-5, "entirely superfluous." Id. at 8. The same is true here. N.J.S.A. 59:5-5 provides immunity for the failure of police to "make an ... have had no reason to provide a specific immunity in N.J.S.A. 59:5-5 for the failure of police to make an arrest. Thus ...

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

6 DAMIEN ROSE BRUNO v. JEFFERSON STREET ASSOCIATES LLC -- rank: 763

... identifying information. The judge found the claim was barred under N.J.S.A. 59:5-5, which provides public employees and entities with immunity from liability ... station. The judge therefore found this claim was barred by N.J.S.A. 59:5-5, which states that neither a public entity nor public employee ... have detained Bruno for investigation. They contend the immunity under N.J.S.A. 59:5-5 does not apply to investigative detentions. A-0843-17T3 19 ... TCA. We need not determine whether the TCA immunity under N.J.S.A. 59:5- 5 applies to a failure to detain a person for investigation ... does not subject the municipality to tort liability.' Ibid. (citing N.J.S.A. 59:5-5). Plaintiffs' reliance on Wuethrich is misplaced. Here, the evidence established ... negligently failed to arrest Bruno, the claim is barred by N.J.S.A. 59:5-5. III. Plaintiffs argue that the trial judge erred by ...

docket:	a0843-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	61407

7 MICHAEL BLUNT VS ANNA KLAPPROTH, ET AL -- rank: 699

... analysis of whether the officers were immune from liability under N.J.S.A. 59:5-5, because there was no special relationship between the plaintiff and ...

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

8 ERICA TURNER v. TOWNSHIP OF IRVINGTON -- rank: 692

... for discretionary police conduct or for failure to arrest under N.J.S.A. 59:5-5. The motion judge converted the motion to a motion for ... that of 9-1-1 operators, nor Title 59 immunity, N.J.S.A. 59:5-5, but rather is preempted by the mandatory arrest provision, N ... feature of the DVA trumps the governmental immunity provided by N.J.S.A. 59:5-5. In fact, the law is to the contrary. See S ... 232-33 (App. Div. 2012) (finding the immunities provided by N.J.S.A. 59:5-5, N.J.S.A. 59:2-4 and N.J ...

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

9 CHARLOTTE LIPPINCOTT v. CITY OF BURLINGTON POLICE DEPARTMENT and CITY OF BURLINGTON -- rank: 658

... 326 (App. Div.), certif. denied , 77 N.J. 486 (1978)). N.J.S.A. 59:5-5 provides that "[n]either a public entity nor a public ... for failure to enforce the law, the immunity afforded by N.J.S.A. 59:5-5 for failure to arrest is unqualified. Addressing the doctrine of ... in Lee concluded that the failure to arrest immunity under N.J.S.A. 59:5-5 would prevail unless there is a special relationship between the ... relationship that would avoid application of unqualified immunities under either N.J.S.A. 59:5-5 or N.J.S.A. 59:3-5. Accordingly, we ...

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

10 BELLA MCQUEEN, et al. v. WILLIAM E. LOUGHNER, et al. -- rank: 424

... 5-4 (failure to provide police protection) and, more pointedly, N.J.S.A. 59:5-5 (failure to make arrest or retain person arrested in custody ...

docket:	A2385-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-17
status:	unpublished
citation:
Document Size:	41839