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TARUS v. BOROUGH OF PINE HILL

916 A.2d 1036 (2007)

189 N.J. 497

Robert Wayne TARUS, Plaintiff-Appellant, v. BOROUGH OF PINE HILL, Mayor Leslie Gallagher and Police Chief John Welker, Defendants-Respondents, and John B. Kearney, Esquire and John B. Kearney & Associates, P.C., Defendants.

Supreme Court of New Jersey.

Decided March 7, 2007.

Attorney(s) appearing for the Case

Thomas Bruno, II, Philadelphia, PA, argued the cause for appellant (Abramson & Denenberg, attorneys).

Michael O. Kassak argued the cause for respondents Borough of Pine Hill and Mayor Leslie Gallagher (White and Williams, attorneys; Robert E. Campbell, Cherry Hill, on the briefs).

William A. Garrigle, Cherry Hill, argued the cause for respondent Police Chief John Welker (Garrigle and Palm, attorneys; Mr. Garrigle and Cynthia L. Sozio, on the briefs).

John B. Kearney, Haddon Heights, argued the cause for respondents Borough of Pine Hill and individual defendants on the punitive damage claims (Kearney & Schweitzer, attorneys).

Jennifer A. Klear, New York, NY, submitted a brief on behalf of amicus curiae, American Civil Liberties Union of New Jersey (Drinker Biddle & Reath and Edward L. Barocas, Legal Director, attorneys).

Chief Justice ZAZZALI delivered the opinion of the Court.

During our nation's formative days, Patrick Henry declared that "[t]he liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them." The Debates in the Several State Conventions on the Adoption of the Federal Constitution, As Recommended by the General Convention at Philadelphia in 1787 169-70 (J. Elliot ed., 1881). With that rationale...

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