ISAAC WRIGHT, ADRIEL MCNAIR, A/K/A SUNSHINE WRIGHT AND SANDRA WRIGHT, GUARDIAN FOR TIKEALLA WRIGHT, A MINOR, PLAINTIFFS, v. STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND THE OFFICE OF THE PROSECUTOR OF SOMERSET COUNTY; THE OFFICE OF THE PROSECUTOR OF MIDDLESEX COUNTY; THE OFFICE OF THE PROSECUTOR OF PASSAIC COUNTY; MIDDLESEX COUNTY, NJ; PASSAIC COUNTY, NJ; FRANKLIN TOWNSHIP, NJ; EDISON TOWNSHIP, NJ; PASSAIC CITY, NJ; BARBARA J. BISSELL, EXECUTRIX OF THE ESTATE OF NICHOLAS L. BISSELL, JR.; PETER DEMARCO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; RICHARD THORNBURG, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; ANDREW RACZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; RICHARD A. MYERS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JAMES DUGAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; SCOTT FABIANO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; RUSSELL KINGSLAND, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; LINDA WISHART, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY; SAM DEBELLA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; TIMOTHY WENZEL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; NANCY DONALON, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY; RONALD KUSHNER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOSEPH KRIZA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; KEN EUBER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; THOMAS MALTESE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; CHRIS INGRAM, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOHN ZANKOWICK, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; LOUIS KIRSH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JAMES FERGUSON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOSEPH LOMBARDO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOHN KENNY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOSEPH FEZZA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; OTIS DANIELS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOHN CARAVANNA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; RICHARD HURLEY; TERRENCE D. DZURA; MICHAEL R. IMBRIANI, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; BEN TANG; JOSEPH RHETTO; AUTO SPORT VOLVO, INC.; ACME MOTORS; JOHN DOE (S) (1-100), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JANE DOE (S) (1-100), INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AND ABC BUSINESS ENTITIES (1-10); DEFENDANTS, AND SOMERSET COUNTY, NJ; VERONICA NOLAN, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY; ROBERT SMITH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AND STUART BUCKMAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; DEFENDANTS-APPELLANTS., 169 N.J. 422

Summary

The issue was whether under the New Jersey Tort Claims Act (TCA), N.J. Stat. Ann. § 59:1-1 et seq., the State was vicariously liable for the employees' actions and whether it was required to indemnify and defend them. Because county prosecutors had such a unique inter-relationship with both the State and the county, the degree of control criterion was not adequate to fairly resolve vicarious liability. Instead, the instant court relied on statutory interpretation and case law related to the TCA. Because law enforcement was a basic state function, and because county prosecutors were subject at all times to the attorney general's power to supervise and supersede them, it was consonant with legislative intent to construe the TCA as imposing vicarious liability on the State. As to defense and indemnification, the legislature intended a sharp distinction between state employees and employees of other public entities that could be indemnified by such entities, but that distinction did not ...