officer immunity (New Jersey) · Go Syfert
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officer immunity in New Jersey

9 New Jersey opinions name it 2 courts 1993–2020 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Ross v. Board of Chosen Freeholdersgreen
· 1917 · cited in 2 New Jersey opinions naming this issue, 2001–2001
2 sentences

2001The Court of Errors and Appeals observed: Every person engaged in the civil service is either part of a governmental system or ... is employed to forward the work of such system; if the former, he [or she] is an officer to whom the doctrine of [City of Hoboken ] applies; if the latter, he [or she] is an employe to whom such doctrine does not apply. [Id at 525, 102 A. 397 .] According to the court, one of the “fundamental differences” between those two categories was that to an officer, “all idea of a contract is excluded, whereas an employment ... connotes in some form the contractual relation

2001The Court of Errors and Appeals observed: Every person engaged in the civil service is either part of a governmental system or ... is employed to forward the work of such system; if the former, he [or she] is an officer to whom the doctrine of [City of Hoboken ] applies; if the latter, he [or she] is an employe to whom such doctrine does not apply. [Id at 525, 102 A. 397 .] According to the court, one of the “fundamental differences” between those two categories was that to an officer, “all idea of a contract is excluded, whereas an employment ... connotes in some form the contractual relation

22
Marley v. Palmyra Bor.green
njsuperctappdiv · 1983 · cited in 1 New Jersey opinions naming this issue, 1995–1995
2 sentences

1995See Marley v. Borough of Palmyra, 193 N.J.Super. 271, 293-95 , 473 A.2d 554 (Law Div.1983).

1995See Marley v. Borough of Palmyra, 193 N.J.Super. 271, 293-95 , 473 A.2d 554 (Law Div.1983).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Fielder v. Stonack green
nj · 1995
2 sentences

2002Only the following language touched on the relationship between good faith and willful misconduct: Although "`good faith' pursuant to N.J.S.A. 59:3-3, and the Legislature's refusal to grant the officer immunity in those cases in which the officer acts with `willful misconduct,' see N.J.S.A. 59:3-14a, are not necessarily two sides of the same coin," the distinction between the two "is a narrow one." Fielder, supra, 141 N.J. at 137, 661 A. 2d 231 (Stein, J. concurring).

2001Although “ ‘good faith’ pursuant to N.J.S.A. 59:3-3, and the Legislature’s refusal to grant the officer immunity in those cases in which the officer acts with ‘willful misconduct,’ see N.J.S.A. 59:3-14a, are not necessarily two sides of the same coin,” the distinction between the two “is a narrow one.” Fielder, supra, 141 N.J. at 137 , 661 A.2d 231 (Stein, J. concurring).

22001–2002
McElwee v. Borough of Fieldsboro green
njsuperctappdiv · 2008
1 sentence

2020"In addition, the law enforcement [agency's executive officer] may authorize access to a particular file or record for good cause." Id. at § 9.6.2.

12020–2020
Grubb v. Borough of Hightstown green
njsuperctappdiv · 2000
2 sentences

2005When there is a criminal investigation, the 45-day limit begins on the day after the disposition of the criminal investigation, [emphasis added] [Grubb, supra, 331 N.J.Super. at 405 , 751 A.2d 1119 (emphasis added).] Further, Judge Feinberg continued: N.J.S.A. 40A:14-147 requires a reasonable outcome.

2005When there is a criminal investigation, the 45-day limit begins on the day after the disposition of the criminal investigation, [emphasis added] [Grubb, supra, 331 N.J.Super. at 405 , 751 A.2d 1119 (emphasis added).] Further, Judge Feinberg continued: N.J.S.A. 40A:14-147 requires a reasonable outcome.

12005–2005
Moya v. City of New Brunswick green
nj · 1982
2 sentences

2005They are sometimes made, and often without foundation, against someone, not because he or she did anything at all, but solely and primarily because of his or her identity or status as a police officer. [Moya v. City of New Brunswick, 90 N.J. 491, 500-01 , 448 A.2d 999 (1982) (footnote omitted).] In other words, so long as a defendant’s “status” as a police officer was the reason the officer was a defendant in a lawsuit, the Court construed N.J.S.A. 40A:14-155 to require a municipality to provide the officer with a defense.

2005They are sometimes made, and often without foundation, against someone, not because he or she did anything at all, but solely and primarily because of his or her identity or status as a police officer. [Moya v. City of New Brunswick, 90 N.J. 491, 500-01 , 448 A.2d 999 (1982) (footnote omitted).] In other words, so long as a defendant’s “status” as a police officer was the reason the officer was a defendant in a lawsuit, the Court construed N.J.S.A. 40A:14-155 to require a municipality to provide the officer with a defense.

12005–2005
Alston v. City of Camden green
nj · 2001
2 sentences

2002Defendant's actions may have been negligent, but "negligence does not necessarily prevent a finding of `good faith.'" Id. at 138, 661 A. 2d 231 . [ Alston, supra, 168 N.J. at 187 , 773 A. 2d 693 .] Fielder v. Stonack, 141 N.J. 101 , 661 A. 2d 231 (1995), referred to in Alston, supra, was primarily concerned with an evaluation of N.J.S.A. 59:5-2b and in that context willful misconduct was discussed.

2002Defendant's actions may have been negligent, but "negligence does not necessarily prevent a finding of `good faith.'" Id. at 138, 661 A. 2d 231 . [ Alston, supra, 168 N.J. at 187 , 773 A. 2d 693 .] Fielder v. Stonack, 141 N.J. 101 , 661 A. 2d 231 (1995), referred to in Alston, supra, was primarily concerned with an evaluation of N.J.S.A. 59:5-2b and in that context willful misconduct was discussed.

12002–2002
Rawlings v. Police Dept. of Jersey City green
nj · 1993
1 sentence

1993Post at 199, 627 A. 2d at 610 .

11993–1993

Where else courts name it

TX 44 (1906–2024) IL 40 (1915–2026) CA 37 (1919–2025) CT 32 (1917–2024) NY 30 (1879–2023) PA 21 (1916–2025) WI 15 (2001–2026) OH 12 (1994–2026) GA 10 (1921–2015) MO 10 (1890–1999) FL 10 (1974–2022) OK 10 (1913–2024) OR 9 (1987–2025) NJ 9 (1993–2020) WA 8 (1975–2019) NM 8 (1995–2022) DC 7 (2004–2026) NH 7 (2000–2025) ND 7 (1920–2007) IA 6 (1969–2021) IN 6 (1877–2019) KS 5 (1914–2020) TN 5 (2000–2012) LA 5 (1946–2014) MI 4 (1970–2017) CO 4 (1908–2026) MN 4 (1916–2025) MS 4 (1977–2001) VA 4 (1993–2015) ID 4 (1984–2004) MD 3 (1994–2022) SD 3 (1934–1985) UT 3 (2002–2022) MA 3 (1979–2002) AK 2 (2015–2023) KY 2 (1991–2022) WV 2 (1909–1920) DE 2 (2023–2023) WY 2 (1923–2004) NC 2 (1999–2013) NE 2 (1878–1946) AZ 2 (2015–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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