CHARPENTIER v. GODSIL

Nos. 90-5656, 90-5701.

937 F.2d 859 (1991)

Philip CHARPENTIER v. Mark GODSIL; James Sullivan; John Doe 1; John Doe 2; John Doe 3; John Doe 4; John Doe 5 (unknown corrections officers of the Monmouth County Correctional Facility); William M. Lanzaro (individually and in his official capacity as Monmouth County Sheriff); the City of Long Branch; Monmouth County Board of Chosen Freeholders (individually and in their official capacities); all Freeholders (as of February 22, 1985); Dr. Lewis (on call to the Monmouth County Correctional Facility); Nurse Roe; Dr. Roe and Psychiatrist Roe (of the Monmouth County Correctional Facility); Dr. Frank Niemtzow; Monmouth County Correctional Facility; Police Department of City of Long Branch; John Doe 6 (unknown employee of Long Branch Police Department, individually and in his official capacity). Dr. Jacob Lewis, Appellant in 90-5656. Philip Charpentier, Appellant in 90-5701.

United States Court of Appeals, Third Circuit.

Decided June 28, 1991.


Attorney(s) appearing for the Case

Neil Mullin, Kevin Kiernan (argued), Smith, Mullin & Kiernan, West Orange, N.J., for Philip Charpentier.

Richard A. Amdur, P.C., John J. McDermott, III (argued), Oakhurst, N.J., for Jacob Lewis.

Before STAPLETON, ALITO and SEITZ, Circuit Judges.


OPINION

ALITO, Circuit Judge:

Dr. Jacob Lewis, a physician employed by the Monmouth County Correctional Institution, appeals from a judgment awarding damages for malpractice under the New Jersey Tort Claims Act. Philip Charpentier, who won this judgment, cross-appeals. Because we hold that the district court misinterpreted the scope of Dr. Lewis's immunity under the New Jersey Tort Claims Act, we will reverse the judgment in favor of Charpentier. We reject...

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