DelaCruz v. Borough of Hillsdale

These cross-appeals require that we address two discrete but related issues: (1) does the verbal threshold of the New Jersey Tort Claims Act, N.J.S.A. 59:9-2(d), apply to common law false arrest/false imprisonment claims against police officers, and (2) does a police officer’s subjective good faith raise a defense to causes of actions for state law false arrest/false imprisonment and under the Federal Civil Rights Act, 42 U.S.C.A § 1983 (§ 1983).

We hold that the Tort Claims Act’s verbal threshold applies to common law false arrest/false imprisonment claims. We further hold that, under…