Roberto A. Rivera-Soto

“ By its unambiguous and specific terms, N.J.S.A. 59:3-3 creates an objective good faith defense to a claim that a public employee acted improperly in the execution or enforcement of the laws of this State, an objective good faith defense that does not, in and of itself, "exonerate [] a public employee for false arrest or false imprisonment." ”

“ Nothing in Bennett can be interpreted as holding that an officer's state of mind is relevant to, much less dispositive of, a false arrest or false imprisonment claim brought under the Federal Civil Rights Act. ”

“ In false [p154] arrest/false imprisonment cases, the only relevant inquiry is whether, on an objective basis, the police officer's actions were proper. We also hold that a police officer's subjective good faith belief may not constitute a defense at trial to a § 1983 Federal Civil Rights Act claim when the police officer's actions are not otherwise shielded from liability by the doctrine of qualified immunity. ”

“ This section does not, however, immunize law enforcement officials from false arrest and false imprisonment. It is recognized that law enforcement officers are not now immune in the State of New Jersey and it is believed that existing principles of law provide sufficient protection for the officer from frivolous suits. Therefore it is the intent of this section to emphasize the importance of compensat-ing a citizen whose freedom has been unreasonably restricted. ”

“ Robert Breese of the Saddle River Police Department was responsible for coordinating that evening's law enforcement efforts. Immediately after responding to yet a third burglary call of that evening, Sergeant Breese was dispatched to a location approximately one-half mile away where officers of the Ho-Ho-Kus, Hillsdale, and Washington Township police departments had stopped a white van and detained its occu-pants. When Sergeant Breese arrived at the location of the stop, the driver of the white van, plaintiff Alberto DelaCruz, was handcuffed behind his back and face down on the ground. ”

“ In order to ascertain legislative intent, the Court may look to extrinsic evidence, including legislative history, committee reports, and contemporaneous construction. The primary task for the [C] ourt is to effectuate the legislative intent in light of the language used and the objects sought to be achieved. ”