Michaels v. State of NJ

OPINION

BARRY, District Judge.

The City of Newark, on behalf of defendant Newark Police Department (“Newark”), 1 moves to remand this action to state court or, alternatively, to dismiss the complaint of plaintiff Margaret Kelly Michaels as time-barred under the applicable statutes of limitations, for failure to comply with certain provisions of the New Jersey Tort Claims Act, and for failure to state a claim upon which relief can be granted. For the reasons that follow, Newark’s motion will be granted in part and denied in part, and the complaint will be dismissed as to Newark.

I. Introduction

Thi…