New Jersey Supreme Court Justice Faustino Fernandez-Vina

The New Jersey Supreme Court on Wednesday deemed the city of Paterson and its fire official subject to absolute immunity in a suit claiming his failure to warn about a dangerous condition in an apartment building ultimately led to four deaths.

“The [Tort Claims Act] grants absolute immunity from liability to public entities and their employees for injuries resulting from a failure to enforce the law,” Justice Faustino Fernandez-Vina, writing for the court in Lee v. Brown, said in the 5-0 ruling. Justices Lee Solomon and Walter Timpone did not participate.

Two lower courts had ruled that the fire inspector, Robert Bierals, should be awarded qualified immunity only, which meant the city could have been held at least partially liable in the lawsuits, filed in response to the deaths, other injuries and surround property damage. Those courts said claims that Bierals failed to properly prosecute the owner of the property, Florence Brown, could not be dismissed on summary judgment.

Wednesday's decision involved a narrow interpretation of the law regarding absolute immunity. The Supreme Court, in its 1991 ruling in Bombace v. Newark, held: “A public employee is not liable for an injury caused by his adoption of or failure to adopt any law or by his failure to enforce any law.” However, other laws say a public employee can be afforded only qualified immunity if he or she takes steps to enforce a law, but fails to follow through, unless he or she was acting in good faith, according to the court.