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LEE v. DOE

232 N.J. Super. 569 (1989)

557 A.2d 1045

BRAD LEE, PLAINTIFF-APPELLANT, v. JOHN DOE (A FICTITIOUS NAME), ROBERT MORGAN, OFFICER JAMES DOE (A FICTITIOUS NAME), OFFICER JOE DOE (A FICTITIOUS NAME), CAMDEN CITY POLICE DEPARTMENT AND THE CITY OF CAMDEN, I/J/S/A, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1989.

Attorney(s) appearing for the Case

Console, Marmero, Livolsi, Wood, Curcio, Morelli & Mammano, attorneys for appellant (Edward C. Curcio on the brief).

Montano, Summers, Mullen, Manuel, Owens & Gregorio, attorneys for respondents (F. Herbert Owens, III, of counsel; Andrew J. Brekus, on the brief).

Before Judges O'BRIEN, SCALERA and STERN.

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

This appeal requires us to decide whether police officers and their employing municipalities are immune from civil liability under the Tort Claims Act when the officers decline to take action in response to claims of wrongdoing made by a complaining witness who is subsequently injured by the alleged perpetrator. Because there are no material facts in dispute and...

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