LOCKLEY v. DEPT. OF CORRECTIONS


828 A.2d 869 (2003)

177 N.J. 413

Robert L. LOCKLEY, Jr., Plaintiff-Appellant, v. STATE OF NEW JERSEY, DEPARTMENT OF CORRECTIONS, Defendant-Respondent, and Police Benevolent Association, Local 105, and individually, and in their official capacities, Commissioner William H. Fauver, Ronda Turner and Jacqueline Jones, Defendants.

Supreme Court of New Jersey.

Decided August 11, 2003.


Attorney(s) appearing for the Case

Linda Wong, Princeton, argued the cause for appellant (Wong Fleming, attorneys; Ms. Wong and Daniel C. Fleming, Bedminster, of counsel; Ms. Wong, James K. Haney and Robert G. Feldman, Freehold, on the briefs).

Patrick DeAlmeida, Deputy Attorney General, argued the cause for respondent (David Samson, Attorney General of New Jersey, Nancy Kaplen and Allison E. Accurso, Assistant Attorneys General, of counsel).

Jon W. Green, West Orange, submitted a brief on behalf of amicus curiae, National Employment Lawyers Association of New Jersey (Green, Lucas, Savits, & Marose, attorneys).


The opinion of the Court was delivered by PORITZ, C.J.

This Court has held that a plaintiff who seeks punitive damages based on an alleged violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, by a public or private entity must prove that upper level management acted in such manner as to warrant the imposition of those damages. This case presents two questions: whether the trial court's instructions...

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