HAYES v. MERCER COUNTY


217 N.J. Super. 614 (1987)

526 A.2d 737

KENNETH T. HAYES AND MARY LOU HAYES, PLAINTIFFS-APPELLANTS, v. COUNTY OF MERCER, MERCER COUNTY'S PROSECUTORS, PHILIP S. CARCHMAN, WILLIAM A. ZARLING, JOSEPH C. FABRIZIO, JOHN DOE AND RICHARD ROE AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND MERCER COUNTY'S PROSECUTORS, PHILIP S. CARCHMAN, WILLIAM A. ZARLING AND JOSEPH C. FABRIZIO, DEFENDANTS-THIRD PARTY PLAINTIFFS-RESPONDENTS, v. FRANK J. CAHILL, JR., ESQUIRE, THIRD PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1987.


Attorney(s) appearing for the Case

Arthur K. Sirkis argued the cause for appellants.

Kim Otis, Assistant Mercer County Counsel, argued the cause on behalf of Philip S. Carchman, William A. Zarling and Joseph C. Fabrizio (Barry D. Szaferman, Mercer County Counsel, attorney; Kim Otis, of counsel and on the brief).

Madeleine W. Mansier, Deputy Attorney General, argued the cause on behalf of respondent State of New Jersey (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Madeleine W. Mansier on the brief).

No briefs were filed on behalf of respondents County of Mercer, Mercer County's Prosecutors and Frank J. Cahill, Jr., Esquire.

Before Judges ANTELL, BRODY and D'ANNUNZIO.


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

Kenneth T. Hayes (plaintiff) and his wife brought this action for false arrest and related torts against three public employees and two public entities who were responsible for instituting extradition proceedings against him. Those proceedings were terminated when the victim of the alleged crime could not identify plaintiff at a lineup. Plaintiffs assert their claims under 42 U.S.C.A. § 1983 and the...

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