Defending Public Entities Against Lawsuits

In New Jersey, public entities from municipalities to police departments to county-level agencies know to look to Foster & Mazzie LLC when they are confronted by a lawsuit. We have deep experience defending public entities when claims are made against them under the New Jersey Tort Claims Act.

Foster & Mazzie LLC — Defending Public Entities Against Tort Claims Act Lawsuits

Historically, under the doctrine of "sovereign immunity," individuals were not permitted to sue government entities. The New Jersey Tort Claims Act creates certain limited exceptions to this immunity, permitting individuals to sue for injuries suffered on property owned and maintained by a public entity or through the negligence of a public employee acting within the scope of his or her employment.

The New Jersey public entity defense lawyers of Foster & Mazzie LLC are experienced defense counsel in Tort Claims Act lawsuits. In such cases, we conduct our usual intensive investigation to determine defenses against elements of the negligence claim (lack of foreseeability, dangerous condition, proximate cause and the like). We also analyze the claim for defenses specific to the Tort Claims Act, including:

  • Failure to meet the act's notice requirements

  • Failure of the injury to occur on publicly owned and maintained property

  • Failure of the employee to be acting within the scope of his or her duties

  • Failure of the injury to be permanent

The standards for "permanent injury" are in flux thanks to decisions of the New Jersey courts. We are diligent about following the latest developments in legal doctrine under the Tort Claims Act to better serve our clients.

Defense Of Police Against Federal Claims

In addition to defense of public entities against tort claims, Foster & Mazzie LLC defends municipal entities, specifically police departments, against claims brought in federal court under Section 1983 of the federal Civil Rights Act. This statute allows individuals to sue municipal entities for violations of their rights under the U.S. Constitution. The most common example is an allegation of police brutality involving the use of excessive force.

Foster & Mazzie is among very few law firms with the experience to defend municipalities successfully against claims of deprivation of constitutional rights.

The Municipal Defense Attorneys Of Foster & Mazzie Defend Public Entities In New York And New Jersey

Municipalities, police departments and counties faced with lawsuits from individuals have a limited array of choices for defense counsel. Foster & Mazzie LLC will do what needs to be done. Contact us online or call 973-200-8619 to set up an initial consultation.