Argued: April 22, 2015.
Approved for Publication May 19, 2015.
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-135-14.
Michael T. Warshaw argued the cause for appellant ( Zager Fuchs, P.C., attorneys; Mr. Warshaw, of counsel and on the briefs).
Andrew T. Walsh argued the cause for respondents (Chamlin, Rosen, Uliano & Witherington, attorneys; Charles J. Uliano, of counsel; Mr. Walsh, on the brief).
Eric G. Kahn argued the cause for amicus curiae New Jersey Association for Justice (Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, attorneys; Mr. Kahn, of counsel and on the brief).
Before Judges ALVAREZ, WAUGH, and CARROLL. The opinion of the court was delivered by WAUGH, J.A.D.
[440 N.J.Super. 426] WAUGH, J.A.D.
Defendant Brian Beyer appeals the Law Division's denial of his motion for leave to
file a late notice of claim under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:8-1 to -11, as well as the denial of his motion for reconsideration. We reverse and remand for further proceedings consistent with this opinion.
We discern the following facts and procedural history from the record on appeal.
On August 10, 2013, members of the Sea Bright Police Department arrested Beyer following an altercation at a cabana club. During the arrest, according to the police, Beyer resisted and was placed in a compliance hold by two police officers. Upon arrival at police headquarters, Beyer " continued to act extremely belligerent[ly], kicking the cell door and screaming profanities." The police report stated that he appeared to be intoxicated. According to Beyer, he was physically abused by the police at the time of his arrest, as well as during his ...