John W. Tice, Sr.

Summary

The Supreme Court of New Jersey affirmed that police officers and their employing municipalities are absolutely immune from tort liability for injuries caused by a pursuit of a vehicle that failed to stop, under N.J.S.A. 59:5-2b(2), absent willful misconduct. The Court rejected arguments that the immunity does not apply to the facts and noted that the statute’s purpose is to encourage vigorous law enforcement. Two concurring opinions agree with the result but differ on the statutory basis for immunity.