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VICKEY v. NESSLER

230 N.J. Super. 141 (1989)

553 A.2d 34

CHARLES A. VICKEY, PLAINTIFF-APPELLANT, v. HARRY NESSLER AND WILLIAM TRUMP, DEFENDANTS-RESPONDENTS, AND STATE OF NEW JERSEY, A BODY POLITIC, NEW JERSEY DIVISION OF GAMING ENFORCEMENT, NEW JERSEY STATE POLICE, AND WE TRY HARDER, INC., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1989.

Attorney(s) appearing for the Case

Pellettieri Rabstein and Altman, attorneys for appellant (Edward Slaughter, Jr., of counsel; Mark S. Nathan on the brief).

Hillman & Sullivan, attorneys for respondents (Mark A. Sullivan, Jr., of counsel; Carol A. Berlen on the brief).

Before Judges J.H. COLEMAN, BAIME and D'ANNUNZIO.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The pivotal issues raised in this appeal are whether a motorist charged with disregarding a traffic signal is entitled to maintain a malicious prosecution suit and a Civil Rights claim under 42 U.S.C, § 1983 after a Municipal Court ruled in favor of the motorist. Summary judgments were granted dismissing the § 1983 action. The trial...

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