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VAN HORN v. CITY OF TRENTON

80 N.J. 528 (1979)

404 A.2d 615

DWIGHT VAN HORN, PLAINTIFF-APPELLANT, v. CITY OF TRENTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 16, 1979.

Attorney(s) appearing for the Case

Mr. Russell W. Annich, Jr. argued the cause for appellant (Messrs. Mason, Griffin and Pierson, attorneys; Mr. Annich, of counsel; Mr. Benjamin N. Cittadino, on the brief).

Mr. Peter E. Markens argued the cause for respondent (Mr. George T. Dougherty, attorney).

Mr. James R. Zazzali argued the cause for amicus curiae New Jersey State Policemen's Benevolent Association (Messrs. Zazzali, Zazzali and Whipple, attorneys).

The opinion of the court was delivered by MOUNTAIN, J.

This action was initiated by Dwight Van Horn, a Trenton police officer, to compel reimbursement following a refusal by the City of Trenton to indemnify him for expenses incurred in obtaining legal services which he deemed necessary while he was the subject of a grand jury investigation. Van Horn bases his claim on N.J.S.A. 40A:14-155, which requires a municipality to provide the means of defense whenever...

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