S.P. VS. NEWARK POLICE DEPARTMENT, ET AL.
A-5591-10T3
We granted leave to the City to appeal denial of a motion
for summary judgment seeking to dismiss the complaint of a
sexual assault victim for damages based on its police officers'
earlier failure to arrest and remove the assailant pursuant to
the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-21. We
address the interplay of the Tort Claims Act and the PDVA. We
affirm the trial court's conclusion that the victim and
attacker, boarders in a rooming house, can be considered
"household members" under the PDVA. However, we reverse the
denial of summary judgment, holding the PDVA does not expressly
create an exception to the immunity provisions of the TCA such
that the failure of police to arrest the attacker subjects the
public entity to liability for subsequent damages to the victim,
where the officers determined she was not a victim of domestic
violence and exhibited no visible injuries. 09-27-12 Sunday, October 14, 2012
S.P. VS. NEWARK POLICE DEPARTMENT, ET AL. A-5591-10T3
