Bower v. Bd. of Educ. of East Orange

For plaintiffs’ claim for indemnification to be granted, they must demonstrate by a preponderance of the evidence that they meet *435the two-prong test required by our education statutes: (1) that the criminal charges were “dismissed or result[ed] in a final disposition in favor” of the employee, N.J.S.A 18:16-6.1; and (2) that the act or omission upon which the criminal charges were based arose “out of and in the course of the performance of the duties” of the employee, N.J.S.A 18A:16-6. I agree with the majority that the dismissal of Mr. Bower’s second indictment with prejudice satisfies the…