ESTATE OF YEARBY v. MIDDLESEX CTY

Docket No. A-2477-16T2.

182 A.3d 382 (2018)

453 N.J. Super. 388

ESTATE OF David Eric YEARBY and Veronica Yearby, individually, and as Administratrix of the Estate of David Eric Yearby, Plaintiffs-Respondents, v. MIDDLESEX COUNTY and Piscataway Township, Defendants-Respondents, and Angela Ward, R.N.; Nicole Tuesday, LPN, and Gideon Thuo, R.N., Defendants-Appellants, and Officer Mathew Finn; Officer Daniel Marcinko, Officer Raymond Bobel; Officer Konstantinos Travlos; Sergeant Brian Szumowski; Lieutenant Raymond Bason; Officer Dane Reeves; Officer Kris Pazinski; Officer John Bartlinski; Officer Eugene Marra; Officer Michael Donlon; Officer Castro; Lieutenant Knight and Officer McGuire, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 2018.


Attorney(s) appearing for the Case

Holtzman & McClain, PC, attorneys for appellants Angela Ward, R.N., Nicole Tuesday, LPN and Gideon Thuo, R.N. ( Stephen D. Holtzman and Jeffrey S. McClain , on the brief).

The BMB Law Firm, PC, attorneys for respondents Estate of David Eric Yearby and Veronica Yearby ( Daniel A. Malet and Jeffrey V. Fucci , on the brief).

Kelso and Bradshaw, attorneys for respondent County of Middlesex ( Patrick J. Bradshaw , on the statement in lieu of brief).

Dvorak & Associates, LLC, attorneys for respondent Township of Piscataway ( Marc D. Mory , on the statement in lieu of brief).

Before Judges Fuentes, Koblitz and Manahan.


The opinion of the court was delivered by

Twenty-seven-year-old David Eric Yearby, an alleged mentally ill man, died strapped to a "restraint chair" in the Middlesex County Adult Correctional Facility, approximately twenty-four hours after he was arrested for assault and resisting arrest by the local police department....

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