DelaCruz v. Borough of Hillsdale

I am in full agreement with the Court’s conclusion that 42 U.S.C. § 1983 renders a police officer’s subjective good faith irrelevant to an assessment of liability for false arrest or false *169imprisonment. I part company from my colleagues in connection with their additional determination that the verbal threshold, embodied in N.J.S.A. 59:9 — 2(d), applies to plaintiffs’ state claims involving false arrest.

Under the verbal threshold, a plaintiff may not recover damages against a public entity for pain and suffering resulting from any injury that is not permanent and substantial. Brooks v. Odom,…