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Claims Brought Under the New Jersey Civil Rights Act are not Subject to the New Jersey Tort Claims Act’s Notice of Claim Requirement
Oct 02,2008
COMMENTS( 0 )
Filed under:
Public Entities
,
Tort Claims Act
By
Wong Fleming
Owens v. Feigin
, 194 N.J. 607 (2008).
In
Owens
, the Supreme Court of New Jersey, affirming the Appellate Division, held that the notice of claim requirement under the New Jersey Tort Claims Act (“TCA”) does not apply to actions brought under the New Jersey Civil Rights Act (“CRA”).
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No Notice of Claim is Required Under the Tort Claims Act, Absent a Nexus Between the Tort Complained of and a Defendant’s Public Employment
Mar 18,2008
COMMENTS( 0 )
Filed under:
Public Entities
,
Tort Claims Act
By
Wong Fleming
Gazzillo v. Grieb
, 2008 N.J. Super. LEXIS 49 (App. Div. Jan. 9, 2008).
A Notice of Tort Claim is not required when there is no connection between the alleged tort and the defendant’s public employment. In
Gazzillo
, the New Jersey Appellate Division held that the plaintiff, Helen Gazzillo, could sue the defendant, Robert Grieb, for an alleged sexual assault despite Gazzillo’s failure to file a notice of claim pursuant to the Tort Claims Act, because there was no nexus between Grieb’s public employment and the alleged sexual assault.
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