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SCHNEIDER v. SIMONINI

314 N.J. Super. 583 (1998)

FRANK SCHNEIDER, JR. AND SUSAN SCHNEIDER, PLAINTIFFS-RESPONDENTS, v. STATE INVESTIGATOR DONALD SIMONINI AND DEPUTY CHIEF ROBERT T. BUCCINO, DEFENDANTS-APPELLANTS, AND NEW JERSEY DIVISION OF CRIMINAL JUSTICE, STATE INVESTIGATOR JOHN POST, STATE INVESTIGATOR ANDREW O'CONNOR, CARLOS RODRIGUEZ AND JOHN D'ANGELO, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 1998.

Attorney(s) appearing for the Case

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for appellants (Peter Verniero, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mr. Goltz, on the brief).

Vincent J. D'Elia, argued the cause for respondents.

Before Judges NEWMAN, COLLESTER and BILDER.

The opinion of the court was delivered by COLLESTER, J.S.C. (temporarily assigned).

Defendants Donald Simonini and Robert T. Buccino appeal from a final judgment of the Law Division finding Simonini, an investigator with the New Jersey Division of Criminal Justice (DCJ), and Buccino, Deputy Chief Investigator of the DCJ, liable under 42 U.S.C.A. § 1983 for violating the civil rights of Frank Schneider by his false arrest and detainment. We reverse on the...

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