Legal Opinion · Dissent

Oches v. Township of Middletown Police Department

Supreme Court of New Jersey

Decided June 1, 1998Published

1DissentGaribaldi, J.

N.J.S.A. 40A:14-155 prohibits the reimbursement of counsel fees from a municipality to a municipal police officer for those actions that do not arise out of and are not “directly related to the lawful exercise of police powers in the furtherance of his official duties.” The majority acknowledges that Robert Oches was not acting in the performance of his official duties at the time of his alleged disciplinary conduct and, therefore, that he is not entitled to be reimbursed for his legal fees under N.J.S.A 40A:14r-155. Despite the plain language of N.J.S.A 40A:14-155, its legislative history,…

2Cases cited30 opinions

  1. Merin v. MaglakiSupreme Court of New Jersey · 1992
  2. Kimmelman v. Henkels & McCoy, Inc.Supreme Court of New Jersey · 1987
  3. Medical Society v. New Jersey Department of Law & Public SafetySupreme Court of New Jersey · 1990
  4. State v. DalglishSupreme Court of New Jersey · 1981
  5. Township of Mahwah v. Bergen County Board of TaxationSupreme Court of New Jersey · 1985

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