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DELACRUZ v. BOROUGH OF HILLSDALE

870 A.2d 259 (2005)

183 N.J. 149

Alberto DELACRUZ and Lenita DelaCruz, his wife, Plaintiffs-Respondents and Cross-Petitioners, 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 Township of Saddle River, Police Department of the Township of Washington, Officer Robert Labianca, Officer Frank Novakowski, Sergeant Robert Breese, Officer Eugene Schultz and Sergeant Robert Orr, Defendants-Petitioners and Cross-Respondents, and John Does 1-10 (said names being fictitious), Defendants.

Supreme Court of New Jersey.

Decided April 12, 2005.

Attorney(s) appearing for the Case

Christopher C. Botta, Ramsey, NE, argued the cause for appellants and cross respondents (Botta & Carver, attorneys).

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

Karen L. Jordan, Deputy Attorney General, argued the cause for amicus curiae, State of New Jersey (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel).

Justice RIVERA-SOTO delivered the opinion of the Court.

These cross-appeals require that we address two discrete but related issues: (1) does the verbal threshold of the New Jersey Tort Claims Act, N.J.S.A. 59:9-2(d), apply to common law false arrest/false imprisonment claims against police officers, and (2) does a police officer's subjective good faith raise a defense to causes of actions for state law false arrest/false imprisonment and under the Federal...

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