In a recently issued ruling by New Jersey’s Appellate Division, the Court upheld an earlier ruling by a superior court judge holding that an officer did not commit “willful misconduct” under New Jersey’s Tort Claims Act when he engaged in a pursuit of a vehicle after the driver pulled away from a traffic stop. The plaintiff in the case, entitled Jackson v. County of Hudson, et al., Docket No. A-3111-22 (issued April 4, 2024) filed the lawsuit for injuries he sustained when his car was hit by the motor vehicle that was being pursued by the officer.
On January 23, 2018, at approximately 5:00 a.m., the Hudson County Sheriff’s Department was conducting radar enforcement in Jersey City. At that time, the officer in question observed a vehicle pass through three consecutive red lights while traveling at sixty-eight and seventy miles per hour. The posted speed limit on the road in question, Kennedy Boulevard, is twenty-five miles per hour. The officer followed the driver and attempted to “close the gap” without turning on his patrol car’s lights or sirens. Once he began following, the officer radioed the on-duty communications officers to inform them he was following a vehicle traveling at a high speed. The vehicle subsequently slowed down and the officer initiated a traffic stop. After initially stopping, the driver then suddenly sped away. The officer then radioed communications officers to update them and to notify that he was going to pursue. Subsequently, the driver of the fleeing vehicle ran a red light and collided with the plaintiff’s car who was injured because of the collision.
The injured driver ultimately filed a lawsuit contending, in part, that the officer committed willful misconduct by pursuing the fleeing vehicle. Attorneys for the officer prevailed on summary judgment, as the trial court recognized that the Tort Claims Act, in particular, N.J.S.A. 59:5-2(b)(2), grants immunity to police officers for injuries resulting from pursuits. On appeal, the plaintiff argued the trial court erred in his application of N.J.S.A. 59:5-2(b)(2), and contended that a jury should resolve the question of whether the officer’s decision to initiate the pursuit and his subsequent failure to terminate the pursuit violated the Attorney General’s Vehicular Pursuit Policy (hereinafter “Guidelines”) and was thus willful misconduct. Notably, willful misconduct is an exception to the immunity conferred to an officer for injuries resulting from a pursuit. The appellate division rejected the argument.
The Guidelines state a police officer may only pursue a suspect if they have committed a first- or second-degree offense or if the officer reasonably believes the suspect poses an immediate threat to either the public or the officer. Off. of the Att’y Gen., New Jersey Vehicular Pursuit Policy § I(A)(1) (rev. 2009). During his deposition, the officer explained his decision to pursue the fleeing driver was based, in part, on him pulling away from the initiated traffic stop. The officer explained this was a second-degree offense of eluding, N.J.S.A. 2C:29-2(b), warranting police pursuit. According to N.J.S.A. 2C:29-2(b), any person “operating a motor vehicle . . . who knowingly flees or attempts to elude any police or law enforcement officer . . . is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person.” Considering the Guidelines in conjunction with the characterization of the driver’s action as a second-degree offense under N.J.S.A. 2C:29-2(b), the Court ruled that the officer’s decision was authorized and did not constitute willful misconduct. The Court thus concluded that the trial court correctly determined there were no credible facts in the record to establish that the officer engaged in willful misconduct during his pursuit of the fleeing driver.