S.P. v. Newark Police Department, A-5591-10T3; Appellate Division; opinion by Axelrad, P.J.A.D.; decided and approved for publication September 27, 2012. Before Judges Axelrad, Sapp-Peterson and Ostrer. On appeal from the Law Division, Essex County, L-2911-10. [Sat below: Judge Casale.] DDS No. 36-2-7795 [36 pp.]
On leave granted, the city of Newark appeals the denial of a motion for summary judgment seeking to dismiss the complaint of a sexual-assault victim for damages based on its police officers’ earlier failure to arrest and remove the assailant pursuant to the Prevention of Domestic Violence Act (PDVA).
