Home/Recovery/New Jersey
Recovery

Recovery in New Jersey

New Jersey gives a person two civil rights claims that look alike: the federal one under Section 1983 and the state one under the New Jersey Civil Rights Act. Both allow damages and both let the court award attorney's fees to the prevailing party. Both have two years. Qualified immunity applies to both. The state tort claims need a Tort Claims Act notice within 90 days; the Civil Rights Act claim does not. This page sets out what can be recovered, who pays, and every public New Jersey figure in our ledger, each one another person's case.

Current as of September 2026. We re-check this page every quarter and after any change in the law.

A New Jersey police abuse case is pleaded three ways: the federal claim under 42 U.S.C. § 1983, the state claim under the New Jersey Civil Rights Act, and the common-law torts (assault, battery, false arrest, malicious prosecution) under the Tort Claims Act. The first two pay the same kinds of damages and both shift fees. The third brings in the employer for its officer's torts and needs a notice within 90 days.

New Jersey sits in the Third Circuit, with Pennsylvania. Mikhail Usher, Alexander Susi and Mitchell Bromberg are admitted in New Jersey. The figures further down are public records of other people's cases; nothing on this site estimates yours.

Run the dates through the deadline tool

The federal claim in New Jersey

The federal claim has no cap. It pays compensatory damages for an injury that is proved, not for the abstract importance of the right (Carey v. Piphus, 435 U.S. 247 (1978); Memphis Community School Dist. v. Stachura, 477 U.S. 299 (1986)); nominal damages where a violation is proved and a loss is not (Uzuegbunam v. Preczewski, 592 U.S. 279 (2021)); punitive damages against an individual officer whose conduct showed evil motive or reckless or callous indifference to federal rights (Smith v. Wade, 461 U.S. 30 (1983)), never against the municipality (City of Newport v. Fact Concerts, 453 U.S. 247 (1981)); and a reasonable attorney's fee to the prevailing party (42 U.S.C. § 1988(b)). It borrows New Jersey's two-year personal injury period (N.J.S.A. 2A:14-2) and needs no notice (Felder v. Casey, 487 U.S. 131 (1988)).

The New Jersey Civil Rights Act

The Civil Rights Act is the state's counterpart to Section 1983. Any person deprived of substantive due process or equal protection rights secured by the federal Constitution or laws, or of substantive rights secured by the New Jersey Constitution or laws, by a person acting under color of law, may sue for damages and injunctive relief (N.J.S.A. 10:6-2(c)). The court may award the prevailing party reasonable attorney's fees and costs (N.J.S.A. 10:6-2(f)). That fee provision is what makes the state claim worth pleading beside the federal one: a case tried in state court carries fee shifting with it.

The Tort Claims Act notice does not apply to a Civil Rights Act claim (Owens v. Feigin, 194 N.J. 607 (2008)). A person who missed the 90 days has not lost the civil rights claims. They have lost the common-law torts, and with them the simplest route to the employer.

Qualified immunity comes along

The Civil Rights Act does not escape the defense that limits the federal claim. In Morillo v. Torres, 222 N.J. 104 (2015), a unanimous New Jersey Supreme Court held that qualified immunity applies to Civil Rights Act claims as it does under Section 1983. One procedural difference helps plaintiffs: a defendant has no automatic interlocutory appeal from a denial of qualified immunity under the Act and must seek leave (Harris v. City of Newark, 250 N.J. 294 (2022)). A bill introduced on May 18, 2026, A5120, would provide that qualified immunity and other immunities do not apply to Civil Rights Act claims. It has not been enacted, and we will change this page if it is. The qualified immunity page explains the doctrine.

The Tort Claims Act: the notice and the wait

A tort claim against a New Jersey public entity or public employee must be presented within 90 days of accrual. Suit may not be filed until six months after the notice, and the claim is barred after two years (N.J.S.A. 59:8-8). A court may permit a late notice on a motion made within one year of accrual, on a showing of extraordinary circumstances and no substantial prejudice to the entity (N.J.S.A. 59:8-9). "Extraordinary" is the statute's word. It is not a grace period.

This site publishes no New Jersey dollar cap, because none is in our verified ledger. Whether and how the Tort Claims Act limits the damages a plaintiff may recover from a public entity is a question we have not verified to the standard this site requires, so it is not answered here, and a lawyer should review it before a state tort claim is valued. No state limit applies to the federal claim.

Who pays: N.J.S.A. 59:10-1 and 59:10-4

New Jersey has two indemnification rules, and which one applies depends on who employed the officer. The State indemnifies the employees it defends, and it is not required to pay punitive damages (N.J.S.A. 59:10-1). Local public entities, the cities, townships and counties, are empowered to indemnify their employees. The statute is permissive. It lets them cover punitive damages as well, unless the employee's act was actual fraud, actual malice, willful misconduct or an intentional wrong (N.J.S.A. 59:10-4). Because the statute is permissive, whether a given town will pay for a given officer is a question to ask early. The who pays page compares the four states.

NJ Transit police: a 2026 decision

On March 4, 2026 the Supreme Court held that the New Jersey Transit Corporation is not an arm of the State and has no sovereign immunity (Galette v. New Jersey Transit Corp., No. 24-1021 (U.S. Mar. 4, 2026)). That matters because a State and its agencies are not "persons" under Section 1983 (Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989)). NJ Transit has its own police. After Galette, the corporation cannot claim the State's immunity when its officers are sued.

New Jersey figures from public records

New Jersey publishes no statewide payout series that we have verified, and we have no verified aggregate for Newark or any other city, so none appears here. What follows is every New Jersey matter in our ledger: the amount, the kind of payment, the payer, the date and the record. The range is wide, from a $375,000 settlement by the State in a fatal shooting to a settlement of more than $20 million over abuse in a state prison.

$10 millionSettlement, Camden County, May 2022

Xavier Ingram

Left quadriplegic after a 2014 arrest. The case settled after a jury could not reach a verdict, and the county denied wrongdoing.

Source: CBS News Philadelphia. A public record of someone else's case, not a result of this firm and not a prediction.

About $1.94 millionSettlement, City of Bridgeton, July 2016

Family of Jerame Reid

A fatal shooting during a 2014 traffic stop.

Source: The Philadelphia Inquirer. A public record of someone else's case, not a result of this firm and not a prediction.

$1.9 millionSettlement, City of Trenton, April 2023

Family of Stephen Dolceamore

He died in 2020 while restrained face down and handcuffed, with officers' knees on his back. The death was ruled a homicide and no one was charged.

Source: PBS. A public record of someone else's case, not a result of this firm and not a prediction.

$375,000Settlement, State of New Jersey, September 2025

Estate of Maurice Gordon

A fatal State Police shooting on the Garden State Parkway in 2020.

Source: News 12 New Jersey. A public record of someone else's case, not a result of this firm and not a prediction.

$2,372,500Seven settlements in total, Cumberland County and its medical vendor

Cumberland County Jail suicides

Seven suicides in pretrial detention, 2014 to 2018. The individual settlements ran from $140,000 to $750,000.

Source: Prison Legal News. A public record of someone else's case, not a result of this firm and not a prediction.

$20,835,600Settlement of 20 suits and a class, including fees, State of New Jersey, April 2021

Edna Mahan Correctional Facility

Sexual abuse of incarcerated women by corrections officers.

Source: The Philadelphia Inquirer. A public record of someone else's case, not a result of this firm and not a prediction.

These are other people's cases. What a case is worth depends on the injury, the evidence and the defenses, and the what a case is worth page goes through the factors. The public settlements page has all four states.

The New Jersey clocks

ClaimNoticeSuit dueAuthority
Section 1983None2 years from accrualN.J.S.A. 2A:14-2; Owens v. Okure, 488 U.S. 235 (1989)
New Jersey Civil Rights ActNone (Owens v. Feigin)2 yearsN.J.S.A. 10:6-2; 2A:14-2
Common-law torts against a public entity or employee90 days; late notice by motion within 1 yearNot before 6 months after the notice; barred after 2 yearsN.J.S.A. 59:8-8, 59:8-9

One practical point about evidence. New Jersey body-worn camera recordings are kept not less than 180 days, and three years where the subject of the recording registers a complaint or a member of the public requests retention (N.J.S.A. 40A:14-118.5). Ask in writing, early.

If a criminal charge from the same incident is pending, talk to your defense lawyer before describing the arrest to anyone; the criminal case and civil case page explains why. The New Jersey deadlines page has the full rules.

Common questions

Does New Jersey have its own civil rights statute?

Yes. The New Jersey Civil Rights Act, N.J.S.A. 10:6-2, lets a person deprived of rights under the federal or New Jersey Constitution or laws by someone acting under color of law sue for damages and injunctive relief, and the court may award the prevailing party reasonable attorney's fees and costs. The Tort Claims Act notice requirement does not apply to it, under Owens v. Feigin.

Is qualified immunity a defense in New Jersey state court?

Yes. The New Jersey Supreme Court held in Morillo v. Torres (2015) that qualified immunity applies to Civil Rights Act claims as it does under Section 1983. A bill introduced May 18, 2026, A5120, would provide that qualified immunity and other immunities do not apply to Civil Rights Act claims. It has not been enacted.

Is there a cap on damages against a New Jersey town?

Our verified ledger contains no dollar cap on damages against a New Jersey public entity in these cases, so this site publishes none. Whether the Tort Claims Act otherwise limits damages is a question we have not verified, so it is not answered here. A lawyer should review it before a state tort claim is valued.

Does the town pay if the officer loses?

Usually, but the statutes differ by employer. The State indemnifies employees it defends and is not required to pay punitive damages. Local public entities are empowered, not required, to indemnify, and may cover punitive damages unless the act was actual fraud, actual malice, willful misconduct or an intentional wrong. N.J.S.A. 59:10-1 and 59:10-4.

Reviewed by Mikhail Usher, Esq. Mr. Usher is the managing attorney of Usher Law Group, P.C. and is admitted in New York, New Jersey and Florida. He reviewed this page on September 17, 2026. This page explains the law in general terms and is not legal advice about your case.
Free case review

Tell us what happened.

One conversation with an attorney, in your language. We tell you which claims the facts support, which deadline runs first for the agency involved, what evidence to preserve this week, and whether a pending criminal case changes the timing. If it is not a case we can take, we say so and tell you where to go.

(718) 484-7510

If a criminal charge is still open, talk to your defense lawyer before you describe the arrest to anyone, including us. English, Russian and Spanish in-house; an interpreter for any other language. Contingency fee, confirmed in writing before we begin.