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THORPE v. COHEN

258 N.J. Super. 523 (1992)

610 A.2d 878

JAY THORPE AND KIM THORPE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. PATROLMAN HARVEY COHEN, INDIVIDUALLY AND AS A POLICE OFFICER OF HOWELL TOWNSHIP POLICE DEPT., HOWELL POLICE DEPARTMENT, HARVEY MORRELL, CHIEF OF HOWELL TOWNSHIP POLICE DEPARTMENT, JOHN DOE, PATROLMAN COHEN'S IMMEDIATE SUPERVISOR, HOWELL TOWNSHIP, A MUNICIPALITY OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1992.

Attorney(s) appearing for the Case

Gelzer, Kelaher, Shea, Novy & Carr, attorneys for appellants (Peter J. Van Dyke, on the brief).

Widman & Cooney, attorneys for respondents (Matthew R. Kiffin, on the brief).

Before Judges STERN and KEEFE.

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

Plaintiffs appeal from the grant of summary judgment on May 17, 1991, in favor of defendants, a police officer, police chief, municipal police department and municipality. The complaint was dismissed because of plaintiffs' failure to meet "the threshold" requirement of N.J.S.A. 59:9-2(d) which provides:

No damages shall be awarded against a public...

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