Small v. State of New Jersey, DOCKET NO. A-4113-13T4, 2015 N.J. Super. Unpub. LEXIS 530 (App. Div. 2015)

The state and its employees are not amenable to suit under the New Jersey Civil Rights Act

The plaintiff brought a malicious prosecution claim and a claim for violation of the New Jersey Civil Rights Act against three deputy attorney generals, two detectives and the state of New Jersey. The Appellate Division granted the defendants’ motion to dismiss, finding that the plaintiff’s bare allegations of malice were not sufficient. Additionally, the Appellate Division found that the state and its employees were not amenable to suit under the New Jersey Civil Rights Act.

Case Law Alerts, 3rd Quarter, July 2015

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