Tort Claims Act Bars False Arrest/False Imprisonment Unless Permanent Injury DelaCruz v. Hillsdale 183 NJ 149 (2005)

Tort Claims Act Bars False Arrest/False Imprisonment Unless Permanent Injury DelaCruz v. Hillsdale 183 NJ 149 (2005) Tort Claims Act Bars False Arrest/False Imprisonment Unless Permanent Injury DelaCruz v. Hillsdale 183 NJ 149 (2005) The Tort Claims Act's verbal threshold applies to common-law false arrest/false imprisonment claims. Furthermore, under N.J.S.A. 59:3-3, a police officer's subjective good faith belief as to the propriety of his or her actions is irrelevant as to liability for any false or false imprisonment claim. Instead, the only relevant inquiry is whether, on an objective basis, the police officer's actions were proper. Finally, a police officer's subjective good-faith belief may not constitute a defense at trial to a claim under the Federal Civil Rights Act, 42 U.S.C.A. 1983, when the police officer's actions are not otherwise shielded from liability by the doctrine of qualified immunity.