Frank Lovato v. Clifton Police Department
A-0363-23
| N.J. Super. Ct. App. Div. | Feb 19, 2025Background
- Decedent Frank A. Lovato died after a high-speed police pursuit, triggered when police attempted to stop him and a friend for a possible registration issue on Lovato's motorcycle.
- Officer Ferraro observed the bikes, attempted a stop, and a pursuit ensued after the motorcycles evaded and sped through multiple red lights, ultimately resulting in Lovato's fatal crash.
- Plaintiffs (Lovato's estate and family) sued the City of Clifton, its police department, and involved officers, alleging reckless pursuit in violation of New Jersey Attorney General (AG) and local pursuit guidelines.
- The trial court granted summary judgment in favor of the officers and city, finding guideline compliance, no willful misconduct, and immunity under the Tort Claims Act.
- Plaintiffs appealed, challenging the summary judgment and arguing that the pursuit violated mandatory pursuit guidelines and was unreasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compliance with AG and Clifton Pursuit Guidelines | Guidelines are non-discretionary; pursuit for minor infraction was prohibited | Officers had discretion; pursuit lawful after evasion and risk created | Officers did not violate the guidelines; compliance found |
| Basis for Pursuit | Ferraro pursued only for registration, not a serious crime | Evasion escalated to a second-degree crime/risk to public safety | Pursuit justified after evasion; reasonable suspicion present |
| Immunity under Tort Claims Act | Immunity negated by reckless conduct during pursuit | Good faith, guideline compliance, and no willful misconduct | Officers entitled to immunity; no willful misconduct |
| Appropriateness of Summary Judgment | Disputed facts should have gone to jury; judge made credibility findings | Undisputed material facts; summary judgment appropriate | Summary judgment affirmed; facts did not preclude judgment |
Key Cases Cited
- Canico v. Hurtado, 144 N.J. 361 (N.J. 1996) (explains qualified immunity for police under the Tort Claims Act for good faith actions in emergent circumstances)
- Fielder v. Stonack, 141 N.J. 101 (N.J. 1995) (discusses standards for willful misconduct and discretion in police pursuits)
- Town of Kearny v. Brandt, 214 N.J. 76 (N.J. 2013) (articulates summary judgment standard in New Jersey)
- Brill v. Guardian Life Ins. Co., 142 N.J. 520 (N.J. 1995) (summary judgment standard regarding inferences from facts)