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COLLINS v. UNION COUNTY JAIL

150 N.J. 407 (1997)

696 A.2d 625

JESSIE COLLINS, PLAINTIFF-APPELLANT, v. UNION COUNTY JAIL, UNION COUNTY BOARD OF CHOSEN FREEHOLDERS, JAIL DIRECTOR WARREN MACCARELLI, CORRECTIONS OFFICER GAYLAND ROBINSON, SUPERVISING LIEUTENANT JOHN DOE 1, SUPERVISION SERGEANT JOHN DOE 2, CORRECTION OFFICERS JOHN DOE 3 THROUGH 5, JOSEPH SALEY, OFFICER OF INTERNAL AFFAIRS, HAROLD GIBSON, DEPUTY COUNTY MANAGER AND DIRECTOR OF DEPARTMENT OF PUBLIC SAFETY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 15, 1997.

Attorney(s) appearing for the Case

Edwin J. McCreedy argued the cause for appellant (McCreedy and Cox, attorneys).

Robert C. Doherty, Assistant County Counsel, argued the cause for respondents (James F. Keefe, County Counsel, attorney).

Nadine H. Taub and George W. Conk submitted a brief on behalf of amicus curiae, National Organization for Women of New Jersey (Ms. Taub and Tulipan & Conk, attorneys; Michelle J. Munsat, of counsel).

The opinion of the Court was delivered by COLEMAN, J.

The issue raised in this appeal is whether the verbal threshold provision of the Tort Claims Act ("Act"), N.J.S.A. 59:9-2(d), bars a claim of permanent psychological harm in the form of post-traumatic stress disorder caused by the rape of a prison inmate by a corrections officer. The trial court and the Appellate Division both held that absent residual physical injury, the inmate's complaints of post-traumatic...

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