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CASHEN v. SPANN

125 N.J. Super. 386 (1973)

311 A.2d 192

PAUL CASHEN AND IRENE CASHEN, HIS WIFE, PLAINTIFFS-APPELLANTS, v. FRANK SPANN, ROBERT BICKLEY, CHARLES M. EGAN, JR., JOHN DUNNE, INDIVIDUALLY AND AS SERVANT, AGENT OR EMPLOYEE OF CHARLES EGAN, JR., "JOHN DOE," BEING A FICTITIOUS NAME OF THE "RELIABLE INFORMER," NEW JERSEY BELL TELEPHONE COMPANY, ANTHONY DE BIASI, THE COUNTY OF MORRIS AND THE BOROUGH OF WHARTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental material filed May 14, 1973.

June 4, 1973.

June 28, 1973.

Decided November 2, 1973.

Attorney(s) appearing for the Case

Mr. Joseph S. Accardi argued the cause for appellants (Messrs. Accardi & Koch, attorneys; Mr. Conrad N. Koch on the brief; Mr. Joseph S. Accardi on the supplemental brief).

Mr. William T. McElroy argued the cause for respondents Spann, Bickley, Egan, Dunne, DeBiasi and the County of Morris (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys; Mr. Edward B. Deutsch on the briefs).

Mr. Joseph A. Hoffman argued the cause for respondent New Jersey Bell Telephone Company.

No one appeared in behalf of respondent "John Doe."

Before Judges FRITZ, LYNCH and TRAUTWEIN.

The opinion of the court was delivered by LYNCH, J.A.D.

On June 19, 1970 detectives of the Morris County Prosecutor's Office and police of the Borough of Wharton, armed with a search warrant and seeking evidence of bookmaking and lottery, broke into the home of plaintiffs. As we now know, the raid was a bizarre mistake. Plaintiffs, a relatively elderly retired couple, were completely innocent of any wrongdoing, and utterly without connection with gambling or other...

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