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DELGADO v. CITY OF NEWARK

165 N.J. Super. 477 (1979)

398 A.2d 604

CARLOS DELGADO, PLAINTIFF, v. THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; KENNETH A. GIBSON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF NEWARK; HUBERT WILLIAMS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE NEWARK POLICE DEPARTMENT; ANTHONY BARRES, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE OF THE CITY OF NEWARK; CHARLES ZIZZA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DEPUTY CHIEF OF POLICE OF THE CITY OF NEWARK, JAMES J. CAMPBELL, AND BRUCE VILET, POLICE OFFICERS OF THE POLICE DEPARTMENT OF THE CITY OF NEWARK, NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Mr. Bernard K. Freamon for plaintiff.

Mr. Matthew J. Scola, Assistant Corporation Counsel, for defendant.

MARZULLI, J.S.C.

This action arises out of the Hispanic disturbances which took place over the Labor Day weekend of 1974. Plaintiff alleges he was injured by police gunfire while observing the disturbance as an innocent bystander. Such gunfire, plaintiff alleges, was excessive under the circumstances and served to render the City of Newark, officials of the city, superior officers and the individual police officers who fired the shots liable in tort for the damages...

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