New Jersey Supreme Court Justice Lee Solomon. Courtesy photo High Court Won't Hand Immunity to Officers Who Left Man Before Fatal Hit, but Leaves Door Open for Jury
The court said, "should the jury determine that the officers' decision to leave was discretionary, then qualified immunity exists in favor of defendants ... and the jury must then resolve any material facts at issue bearing upon whether defendants' conduct was palpably unreasonable."
August 05, 2021 at 01:47 PM
8 minute read
Let a jury decide whether two Jersey City police officers are liable for the death of an intoxicated man whom they assisted after a car accident, but left alone along a busy highway before he was fatally struck by a motorist, a unanimous New Jersey Supreme Court has ruled.
In Estate of Hiram A. Gonzalez v. Jersey City, the justices ruled 6-0 on Wednesday to uphold but modify the Appellate Division's conclusion that the officers aren't immune from claims resulting from their response to a one-vehicle accident involving Hiram Gonzalez and his pickup truck in 2014, when they left him meandering along the Lincoln Highway bridge in Jersey City waiting for his ride to arrive.
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