Paul Cashen and Irene Cashen, His Wife, Plaintiffs-Respondents and Cross-Appellants v. Frank Spann, Robert Bickley…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment, modifying it to vacate the order compelling disclosure of the informer's identity and remanding for a proper balancing of interests. The Court held that a prosecutor does not enjoy absolute judicial immunity but only a limited form of immunity, and that in this case the prosecutor's conduct did not rise to personal motive or malice. It also affirmed that the balance between the State's interest in informer confidentiality and the plaintiff's need for disclosure must be evaluated under the Roviaro test.