A public entity is not liable for the acts or omissions of a public employee constituting a crime, actual fraud, actual malice, or willful misconduct.
N.J. Stat. Ann. § 59:2-10
Public employee conduct--limitation on entity liability
Applied in 6 court decisions — leading case Gares v. Willingboro Township (1996)
Most recently applied in 172 F. Supp. 3d 429 - Niles v. Town of Wakefield (March 2016)
L.1972, c. 45, s. 59:2-10.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.