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KIRK v. CITY OF NEWARK

109 N.J. 173 (1988)

536 A.2d 229

TOMANQUI KIRK, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; HUBERT WILLIAMS, DIRECTOR OF THE NEWARK POLICE DEPT.; CHARLES M. ZIZZA, CHIEF OF POLICE OF THE CITY OF NEWARK; JOHN DOE, DEPUTY CHIEF, NEWARK POLICE DEPT., YOUTH & COMMUNITY SERVICE DIVISION; AND JOHN DOE, CAPTAIN, NEWARK POLICE DEPT., YOUTH AID BUREAU, DEFENDANTS, AND VIRGINIA CARDILLO, DETECTIVE, NEWARK POLICE DEPARTMENT, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 25, 1988.

Attorney(s) appearing for the Case

John C. Pidgeon, First Assistant Corporation Counsel, argued the cause for appellant and cross-respondent (Glenn A. Grant, Corporation Counsel, attorney).

Isabelle R. Strauss argued the cause for respondent and cross-appellant.

The opinion of the Court was delivered by POLLOCK, Justice.

This appeal arises out of an action brought under 42 U.S.C.A. section 1983 (section 1983) by plaintiff, Tomanqui Kirk, against various defendants, including Virginia Cardillo, a Newark police detective. Kirk complains that Cardillo caused him to be arrested without probable cause in violation of the fourth and fourteenth amendments to the United States Constitution...

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