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CAPPELLO v. SCOTT

274 N.J. Super. 282 (1994)

644 A.2d 102

JOHN A. CAPPELLO, PLAINTIFF-RESPONDENT, v. JOHN R. SCOTT, DEFENDANT-APPELLANT, AND JOHN DOE, RICHARD ROE, ABC AND XYZ, INC., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1994.

Attorney(s) appearing for the Case

R. Gregory Leonard argued the cause for appellant (Leonard & Butler, attorneys; Mr. Leonard, on the brief).

James J. Higgins argued the cause for respondent (Boyar, Higgins & Suozzo, attorneys; Mr. Higgins, on the brief).

Before Judges BRODY, STERN and KEEFE.

Argued (telephonically) April 14, 1994.

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

Plaintiff, a Town of Dover police officer, brought this defamation action against, among others, John R. Scott, Esq. (defendant), an attorney who had drafted and filed a civil complaint against him. That complaint charged plaintiff with having used excessive force in making an unlawful arrest of defendant's client, James B. Jodway, the plaintiff in that action...

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