MAUDSLEY v. STATE


733 A.2d 1220 (1999)

323 N.J. Super. 579

Charles MAUDSLEY and Barbara Maudsley, Plaintiffs-Appellants, v. STATE of New Jersey, New Jersey State Police Department, Trooper Gary D. Rhile, Trooper Joseph Brown, Trooper Mark Weeks, Trooper Brian Crain, Trooper John Hunt, Trooper Steven J. Cozzi, Trooper Dennis McNulty, Trooper Joseph Farro, Sergeant James Kanz, and R. Militano, in their official capacity and individually, Cape May County, Cape May County Prosecutor's Office, Cape May County Narcotics Task Force, Robert Cramer, Cape May County Narcotics Task Force Investigator, in his official capacity and individually, Agent Steven McShaffry, Agent of the Cape May County Narcotics Task Force, in his official capacity and individually, Lieutenant A. Barnett, Supervisor of the Cape May County Narcotics Task Force, in his official capacity and individually, Lower Township Police Department, Detective William Hinkle of the Lower Township Police Department, in his official capacity and individually, and Cape May County Sheriff's Department, Defendants-Respondents, and Lieutenant E. Johnson, Lieutenant J. Grusemeyer, Detective W. Thom, Detective C. Dinger, Detective T. Gilbert and Detective W. Carey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 27, 1999.


Attorney(s) appearing for the Case

Richard A. Grossman, Brick, for plaintiffs-appellants (Grossman, Kruttschnitt, Heavey & Jacob, attorneys; Mr. Grossman, of counsel and on the brief with Roberta DiBiase).

Mamta Patel, Deputy Attorney General, for the State defendants-respondents (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Patel, on the brief).

Hance C. Jaquett, Ocean City, for the County defendants-respondents with the exception of Lt. Robert Cramer (Serber, Konschak & Jaquett, attorneys; Mr. Jaquett, of counsel; Eric C. Garrabrant, on the joint brief filed by respondents).

Michael A. Fusco, III, Ocean City, for defendant-respondent Lt. Robert Cramer (Mr. Fusco on the joint brief).

Before Judges HAVEY, SKILLMAN and LESEMANN.


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

Plaintiffs filed this action under 42 U.S.C.A. § 1983, for damages arising out of a search of plaintiff Charles Maudsley's (Maudsley) fishing boat, the "Imperial." Plaintiffs claim that defendants, members of the State Police, as well as members of the Cape May County Narcotics Task Force, the County Prosecutor's Office and Sheriff's Department, and the Lower Township Police Department (the County...

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