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55 Rutgers L. Rev. 641 (2002-2003)
Liability for Prosecutorial Misdeeds: Is Wright Right for New Jersey

handle is hein.journals/rutlr55 and id is 651 raw text is: Liability for Prosecutorial Misdeeds: Is Wright Right for New Jersey? Crystal L. Younge* I. INTRODUCTION In July 2001, the New Jersey Supreme Court decided Wright v. State' and held that under the New Jersey Tort Claims Act (NJTCA),2 the State may be held vicariously liable for the tortious acts of county prosecutors when prosecutors and subordinates investigate and enforce New Jersey's criminal laws.3 Furthermore, the court held that the State must defend and indemnify these alleged wrongdoers.4 This vicarious liability issue had been unsettled until Wright was decided.' There is a line of cases that holds the particular county vicariously liable for the prosecutorial officials' tortious acts.' There is also a line of cases that holds that the State could be liable in certain circumstances.7 This Note will discuss the potential positive and negative ramifications the Wright decision will have on the New Jersey Attorney General's Office in terms of future liability, defense and indemnification costs. In addition, this Note will trace history of * J.D. Candidate, Rutgers University School of Law - Newark, 2003; A.B., Brown University, 1995. I would like to thank my family and loved ones for their support during my law school career, especially Mom, Gram, Hardy, Keith, Jimilah, Mia, Donita and Kathy. I give a special thank you to Rashaan, for his unwavering love, support and encouragement. Thanks to the staff of the Rutgers Law Review for assisting me with editing this Note. Finally, I dedicate this Note to Krystle, Lauren, Ebony and Christopher, my reasons for attending law school. 1. 778 A.2d 443 (N.J. 2001). 2. N.J. STAT. ANN. §§ 59:1-1 to 59:12-3 (West 1992 & Supp. 2002). 3. Wright, 778 A.2d at 464. 4. Id. 5. See Cashen v. Spann, 334 A.2d 8, 14 (N.J. 1975) (holding that county prosecutors and detectives were State agents where the alleged tortious conduct arose out of the investigation of criminal activity). But c.f Coleman v. Kaye, 87 F.3d 1491, 1499 (3d Cir. 1996) (concluding that county prosecutors act on behalf of the county when they make personnel decisions); Michaels v. New Jersey, 968 F. Supp. 230, 238 (D.N.J. 1997) (holding that county prosecutors are not traditionally considered State employees). 6. See, e.g., Coleman, 87 F.3d at 1499. 7. See, e.g., Cashen, 334 A.2d at 14.

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