HART v. CITY OF JERSEY CITY


308 N.J. Super. 487 (1998)

HENRY M. HART, PLAINTIFF-APPELLANT, v. CITY OF JERSEY CITY, JERSEY CITY POLICE DEPARTMENT, ROBERT J. SABO, ARTHUR PEASE, THOMAS LEIGH, ROBERT TAINO, JOHN KEENE AND A. DAUNARUMMO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1998.


Attorney(s) appearing for the Case

Susan B. Fellman, argued the cause for appellant (Breuninger & Fellman, attorneys; Laura M. Le Winn, on the brief).

Daniel W. Sexton, Assistant Corporation Counsel, argued the cause for respondent (Sean M. Connelly, Jersey City Corporation Counsel, attorney; Mr. Sexton, on the brief).

Before Judges MUIR, Jr., KESTIN and STEINBERG.


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

Plaintiff's complaint alleged various causes of action in tort (the State law claims) and a cause of action under 42 U.S.C. § 1983 (the § 1983 claim), all arising from certain actions of his superior officers in the Jersey City Police Department. The motion judge dismissed the State law claims on defendants' motion for summary judgment, ruling

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