S.P. v. NEWARK POLICE DEPT.

Docket No. A-5591-10T3

52 A.3d 178 (2012)

428 N.J. Super. 210

S.P., Plaintiff-Respondent, v. NEWARK POLICE DEPARTMENT, County of Essex, State of New Jersey, Louis Alfredo Santiago, Jr., and Rosangela DaSilva, Defendants, and City of Newark, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 2012.


Attorney(s) appearing for the Case

Anna P. Pereira , City of Newark Corporation Counsel, attorney for appellant ( Gary S. Lipshutz , Assistant Corporation Counsel, on the brief).

Koulikourdis and Associates, attorneys for respondent ( Sasha C. Intriago , on the brief).

Before Judges AXELRAD, SAPP-PETERSON and OSTRER.


The opinion of the court was delivered by

AXELRAD, P.J.A.D.

In this appeal we address the interplay of the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3, and the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-1 to -35. We consider whether a victim and her attacker, boarders in a rooming house, can be considered "household members" under the PDVA. We also consider whether the PDVA, N.J.S.A. 2C:25-21, expressly creates...

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