Toto v. Sheriff's Officer Ensuar

Justice WALLACE, JR.,

delivered the opinion of the Court.

In this case we decide whether the verbal threshold, N.J.S.A 59:9—2(d), of the New Jersey Tort Claims Act (Act), N.J.S.A 59:1-1 to 12-3, which essentially requires an objective permanent injury to recover damages, applies to a willful misconduct claim against a public employee. Additionally, we decide whether the trial court’s failure to charge the jury that the Act’s good faith defense, N.J.S.A. 59:3-3, did not apply to plaintiffs false arrest/false imprisonment claim requires a new trial. The Appellate Division held that the verbal…