Supreme Court of New Jersey

Larry S. Loigman, Plaintiff-Respondent v. the Township Committee of the Township of Middletown in the County of…

January 18, 2006185 N.J. 566

Summary

The New Jersey Supreme Court reversed the Appellate Division, holding that the common‑law litigation privilege applies to §1983 actions and shields attorney Thomas Savage and the Township of Middletown from liability for his sequestration motion. The Court also held that Savage, as the Township’s special counsel, was not a municipal “policymaker” for §1983 purposes, so the Township could not be held vicariously liable. Accordingly, the injunction and attorney‑fee award were vacated.