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BYRD v. MANNING

253 N.J. Super. 307 (1992)

601 A.2d 770

JEFFREY BYRD, PLAINTIFF-APPELLANT, v. ANDREW MANNING, INDIVIDUALLY AND AS MAYOR OF THE BOROUGH OF SEA BRIGHT; CHARLES ROONEY; JAMES FOORSMAN; C. REED MURPHY; WILLIAM FITZPATRICK; LINDA HOORSAGER; JOAN BREARLEY, INDIVIDUALLY AND IN THEIR CAPACITY AS MEMBERS OF THE COUNCIL OF THE BOROUGH OF SEA BRIGHT; THOMAS JOHNSON, INDIVIDUALLY AND IN HIS CAPACITY AS THE CHIEF OF POLICE OF THE BOROUGH OF SEA BRIGHT; BOROUGH OF SEA BRIGHT, A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY; WILLIAM MOORE, INDIVIDUALLY AND AS AN OFFICER IN THE SEA BRIGHT BOROUGH POLICE DEPARTMENT; JOHN SORRENTINO, INDIVIDUALLY AND AS AN OFFICER IN THE SEA BRIGHT POLICE DEPARTMENT; AND STEVEN SPAHR, INDIVIDUALLY AND AS AN OFFICER IN THE SEA BRIGHT BOROUGH POLICE DEPARTMENT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 1992.

Attorney(s) appearing for the Case

Harold J. Cassidy argued the cause for appellant (Cassidy, Foss & San Filippo, attorneys; Kathleen A. Sheedy, on the brief).

Warren W. Wilentz argued the cause for respondents Sorrentino and Spahr (Wilentz, Goldman & Spitzer, attorneys; Warren W. Wilentz, Charles M. Moriarty and Jeffrey L. Menkin, of counsel; Jeffrey L. Menkin on the brief).

Dwyer, Connell & Lisbona, attorneys for respondents (Manning, Rooney, Foorsman, Murphy, Fitzpatrick, Hoorsager, Brearley, Johnson and the Borough of Sea Bright joined in the brief filed by Wilentz, Goldman & Spitzer).

Before Judges HAVEY and CONLEY.

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

Plaintiff appeals from an order for summary judgment dismissing his action instituted against defendants under the federal Civil Rights Act, 42 U.S.C.A. § 1983. In dismissing the complaint, the trial judge found that the action was time-barred under N.J.S.A. 2A:14-2, since it was not instituted within two years from the date plaintiff's cause of action accrued. On appeal, plaintiff argues that...

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