Moya v. City of New Brunswick

In tendering this modest dissent I do not subject the pertinent statute to any exhaustive analysis that would envelop every conceivable fact situation. The web we have thus far woven for ourselves in this troublesome area is tangled quite enough.

Plaintiff Moya was a police officer of the City of New Brunswick. He was charged with multiple counts of what I view as garden-variety breaking, entering, and larceny. He was exonerated. Moya and his lawyers seek to recover from the City the legal fees and costs of the successful defense. The statute providing for a municipality’s furnishing the…