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MICHAELS v. STATE OF N.J.

No. 97-5701.

150 F.3d 257 (1998)

Margaret Kelly MICHAELS, v. STATE OF NEW JERSEY; Attorney General's Office; County of Essex; Essex County Prosecutor; George L. Schneider, Esq.; Herbert Tate, Esq.; John Mastroangelo; John Noonan; Glenn Goldberg, Esq.; Sarah Spencer-McArdle; Eileen C. Treacy, M.A.; The Essex County Police Department; Newark Police Department; Division of Youth and Family Services; Louis Fonnelaras; Susan Esquillan; "John Does", 1 Through 20 (Fictitious Persons); "Joseph Does", 1 through 20 (Fictitious Persons); "James Does"; "Jane Does", 1 through 20 (Fictitious Persons); "Harry Does", 1 through 20 (Fictitious Persons), County of Essex, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 16, 1998.

Attorney(s) appearing for the Case

Catherine E. Tamasik (Argued), Essex County Counsel, Newark, New Jersey, for Appellant.

Jeffrey Miller (Argued), Mary C. Jacobson, Assistant Attorneys General of Counsel, Peter Verniero, Attorney General of New Jersey, Trenton, New Jersey, for Appellee.

Before: GREENBERG, ALITO, and McKEE, Circuit Judges.

ALITO, Circuit Judge:

Essex County appeals the decision of the district court holding that the State of New Jersey is not obligated under N.J.S.A. § 59:10-1 to indemnify or defend the officers and employees of the Essex County Prosecutor's Office who were sued in this case for actions that they took in carrying out their law enforcement responsibilities. The district court held that the State's obligation to indemnify and defend is limited to those traditionally...

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