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CITY COUNCIL OF ELIZABETH v. FUMERO

143 N.J. Super. 275 (1976)

362 A.2d 1279

CITY COUNCIL OF THE CITY OF ELIZABETH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. MICHAEL FUMERO, DONALD MANNIX, POLICEMEN'S BENEVOLENT ASSOCIATION, ELIZABETH LOCAL NO. 4, A BRANCH OF THE NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, UNDERWRITERS AT LLOYD'S, AN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, AND SPIRITO, SPAGNOLI & THURING, A PROFESSIONAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 16, 1976.

Attorney(s) appearing for the Case

Mr. Frank P. Trocino, City Attorney, for plaintiff City Council of Elizabeth (Mr. Raymond S. Londa, First Assistant City Attorney, on the brief).

Messrs. McDonough, Murray & Korn, attorneys for defendant Michael Fumero (Mr. Peter L. Korn on the brief).

Messrs. Spagnoli & Thuring, attorneys for defendant Donald Mannix (Mr. Richard M. Thuring on the brief).

Messrs. Gorrin & Ironson, attorneys for defendant Edward William Cheshire (improperly impleaded as Underwriters at Lloyd's, an insurance company authorized to do business in the State of New Jersey) (Mr. Gerald M. Gorrin on the brief).

DI BUONO, A.J.S.C.

Jorge De Jesus instituted an action in the Federal District Court against two police officers and the City of Elizabeth by whom the police officers were employed demanding both consequential and punitive damages; his wife joined in the suit seeking a derivative per quod recovery.

The couple advanced three separate theories of liability, the first being predicated upon 42 U.S.C.A. § 1983, alleging that Jorge De Jesus was...

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