{"id":375085,"date":"2019-05-28T10:25:19","date_gmt":"2019-05-28T15:25:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/police-misconduct-laws-and-claims-in-new-jersey.html"},"modified":"2019-05-28T11:53:23","modified_gmt":"2019-05-28T16:53:23","slug":"police-misconduct-laws-and-claims-in-new-jersey","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/police-misconduct-laws-and-claims-in-new-jersey.html","title":{"rendered":"Police Misconduct Laws and Claims in New Jersey"},"content":{"rendered":"\n
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Police Misconduct Laws and Claims in New Jersey<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

During police and civilian encounters, it’s important for everyone to behave in such a way to avoid problems. For instance, when a person is being arrested by a law enforcement officer, they can be charged with resisting arrest if they act in any way to disrupt the arrest. Also, if an officer doesn’t follow the appropriate procedures while making the arrest, it could be considered a case of police misconduct<\/a>.<\/p>\r\n

All New Jersey police agencies are required to respect the rights of every individual in the community. When the police engage in misconduct that rises to the level of violating a citizen’s rights, then that person may be able to seek relief in the form of civil litigation. However, before filing a police misconduct claim, it’s important to keep in mind that there’s a body of law that can immunize police officers<\/a> (and the governmental agencies that employ them) from many types of claims and suits.<\/p>\r\n

Standard of Proof<\/h2>\r\n

To overcome the immunity protections for law enforcement, victims must show that the police acted willfully in an unreasonable manner, not just that they acted negligently. If the municipality, county, or state is a part of the claim, you must prove their liability by showing a pattern of inappropriate behavior. For instance, the department has a history of displaying an indifference to the use of force or it was negligent in training the officers.<\/p>\r\n

Police Misconduct Laws and Claims in New Jersey at a Glance<\/h2>\r\n

While this article primarily discusses civil liability, police misconduct can also be penalized criminally. The chart below is designed to help save you time in your legal research by breaking down complex legal statutes into a plain language guide for understanding police misconduct laws and claims.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

New Jersey Statutes Title 59. Claims Against Public Entities:<\/p>\r\n

Types of Police Misconduct<\/b><\/p>\r\n

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There are several types of police misconduct, including:<\/p>\r\n

Time Limits<\/b><\/p>\r\n<\/td>\r\n

You have 90 days<\/i><\/b> (beginning on the date when the misconduct occurred) to assert a police misconduct claim under the New Jersey Tort Claim Act.<\/p>\r\n

This is completed by serving a Notice of Claim<\/b><\/i> that informs the officer and the municipality of your intention to file a claim.<\/p>\r\n<\/td>\r\n<\/tr>

Criminal Charges<\/b><\/p>\r\n<\/td>\r\n

Police officers can be found to have committed "official misconduct" if they:<\/p>\r\n