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CAMPBELL v. CAMPBELL

294 N.J. Super. 18 (1996)

682 A.2d 272

JOANNE JACQUELINE CAMPBELL, PLAINTIFF, v. MICHAEL CAMPBELL, CITY OF PLAINFIELD, POLICE DEPARTMENT, CITY OF PLAINFIELD, RICHARD BERMAN, CHIEF OF POLICE, CITY OF PLAINFIELD, PATROLMEN ALFRED BERGNER AND RALPH SOTOMAYER, POLICE OFFICERS, CITY OF PLAINFIELD, DEFENDANTS.

Superior Court of New Jersey, Law Division (Civil) Union County.

Decided April 12, 1996.

Attorney(s) appearing for the Case

Anthony L. Mezzacca, for plaintiff (Anthony L. Mezzacca, P.C.).

Albert N. Stender (Stender & Hernandez, attorneys), Michael J. Mitzner (Mitzner & Pizzi, attorneys) and Kirk D. Rhodes, (Frost, Rhodes & Smith), for defendants.

MENZA, J.S.C.

The issue in this case is whether police officers are immune under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 59:10A-6, for failure to make an arrest under a domestic violence order.

The facts are these.

On June 3, 1990, the defendant-police officers responded to a complaint of an unwanted guest at the home of plaintiff, Joanne Campbell, in Plainfield, New Jersey. Upon arriving at the premises

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