Municipal Liability

Law Alerts

Municipal Liability

New Jersey
By Matthew Behr, Esq. (856-414-6048 or mjbehr@mdwcg.com)

Plaintiffs Not Entitled To Punitive Damages Against Public Entity For Claims Brought Under New Jersey Civil Rights Act.
Damiani v. West Deptford Township, 2008 U.S. Dist LEXIS 17581 (D.N.J. 2008)

The plaintiff brought claims against the Township and police department for excessive force based on violations of 42 U.S.C. § 1983 and the New Jersey Civil Rights Act. In a case of first impression, Judge Irenas held that the plaintiffs are not entitled to punitive damages against a public entity for claims brought under the New Jersey Civil Rights Act.

Plaintiffs Are Not Required To File A Notice Of Tort Claims Pursuant To The New Jersey Tort Claims Act.
Owens v. Feigin, 194 N.J. 607 (2008)

The New Jersey Supreme Court held that the plaintiffs are not required to file a Notice of Tort Claims pursuant to the New Jersey Tort Claims Act when pursuing claims under the New Jersey Civil Rights Act against public entities and public employees when the allegations fall within or beyond the scope of employment.