Immunities that are enjoyed by Police Officers. In New Jersey they enjoy absolute immunity, absent, "Willful Misconduct." However, ALL Police Officers should go by the "Good Faith Doctrine" which is Qualified Immunity. This is at the Federal Level, and applies to all. Basically, if you were acting in "Good Faith" you are covered. Again, in Jersey you have absolute, but you must meet the criteria for Qualified at the Federal Level, to be fully covered from Federal Law suits.
Absolute Immunity. Tice v. Cramer, NJ supr, 133 N.J. 347 (1993)
New Jersey Statute that provides this immunity:
N.J.S. 59:5-2 providing immunity to Law Enforcement
Qualified Immunity. Sacramento v. Lewis 523 U.S. 833 (1998)
Burns v. Reed, 500 U.S. 478, 494-95 (1991)
Malley v. Briggs, 475 U.S. 335, 341 (1996)
Romero v. Kitsap County, 931 F.2d 624, 627 (9th Cir. 1991)
Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)
These immunities pertain to pursuits as well as any other law enforcement action that is undertaken.
Monday, July 11, 2005
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2 comments:
Excellent information. Thanks.
Gee, you would never know you have these immunities by the way the Brass talks.
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