Supreme Court of New Jersey

Frank Schneider, Jr., and Susan Schneider, Plaintiffs-Appellants v. State Investigator Donald Simonini and Deputy…

March 6, 2000163 N.J. 336

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that no probable cause existed to arrest Frank Schneider, Jr., that State Investigator Donald Simonini is not entitled to qualified immunity, and that Deputy Chief Robert Buccino is not liable as a supervisor. The Court also clarified that the trial judge, not the jury, decides qualified immunity, though the jury may resolve disputed factual issues via special interrogatories.