GONZALES v. CITY OF CAMDEN


815 A.2d 489 (2003)

357 N.J. Super. 339

Betzaida GONZALES, Co-Administrator and Administrator Ad Prosequendum of the Estate of Gustavo Rodriguez and as Guardian Ad Litem for the Minor Child Cesar Rodriguez; Ramona Checo, Co-Administrator and Administrator Ad Prosequendum of the Estate of Gustavo Rodriguez and as Guardian Ad Litem for the Minor Children, Jeilyn Rodriguez and Roselin Rodriguez; and Julio Jacques, Plaintiffs-Appellants, v. The CITY OF CAMDEN; Herbert Leary, Individually, and/or as Agent, Servant and/or Employee of the City of Camden; Mike Torres, Individually, and/or as Agent, Servant and/or Employee of the City of Camden; Martin Jones, Individually, and/or as Agent, Servant and/or Employee of the City of Camden; Doris Arch, Individually, and/or as Agent, Servant and/or Employee of the City of Camden; Luz Torres, Individually, and/or as Agent, Servant and/or Employee of the City of Camden; and Jose Delgado, Individually, and/or as Agent, Servant and/or Employee of the City of Camden, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 2003.


Attorney(s) appearing for the Case

Mark S. D'Amore, Marlton, argued the cause for appellants (John Calzaretto, attorney; Mr. D'Amore, on the brief).

Marc A. Riondino, Assistant City Attorney, argued the cause for respondents (Dennis G. Kille, City Attorney, attorney; Jonathan E. Diego, Assistant City Attorney, on the brief).

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.


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

In this appeal, we consider the "statecreated danger" doctrine, recognized by a majority of the federal circuit courts of appeal, under which state and local officials who create a danger of harm by private actors that otherwise would not have existed may be held liable for a violation of the substantive due process rights of the injured party. Although the Supreme Court of the United States has not yet...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases