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DELACRUZ v. BOROUGH OF HILLSDALE

838 A.2d 498 (2004)

365 N.J. Super. 127

Alberto DELACRUZ and Lenita DelaCruz, his wife, Plaintiffs-Appellants/Cross-Respondents, v. BOROUGH OF HILLSDALE, Borough of Ho-Ho-Kus, Borough of Saddle River, Township of Washington, Police Department of the Borough of Hillsdale, Police Department of the Borough of Ho-Ho-Kus, Police Department of the Borough of Saddle River, Police Department of the Township of Washington, Officer Robert LaBianca, Officer Frank Novakowski, Sergeant Robert Breese, Officer Eugene Schultz, Sergeant Robert Orr, Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 2004.

Attorney(s) appearing for the Case

Richard S. Lehrich, Cranford, argued the cause for appellants/cross-respondents.

Christopher C. Botta argued the cause for respondents/cross-appellants (Huntington Carver, attorneys; Mr. Botta, of counsel and on the brief).

Before Judges PETRELLA, COLLESTER and FUENTES.

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

The principal issue raised in this appeal is whether the verbal threshold provision of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:9-2(d), bars a claim based on false arrest/false imprisonment where the only injury sustained by the plaintiff is the wrongful deprivation of his freedom. We hold that N.J.S.A....

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