PATRICIA RUFF VS. WEST KINNEY GARDENSÂ (L-4983-14, ESSEX COUNTY AND STATEWIDE), A-2116-16T4

On August 4, 2012, plaintiff Patricia Ruff was shot while walking with family near the corner of Sayre and West Kinney Streets in Newark after attending a reunion at the West Kinney Vocational High School playground.
The State-Operated School District of the City of Newark (Newark) had issued a permit for the Hayes Homes Family Organization reunion and was responsible for arranging a police officer for the event.
Plaintiff could not identify the shooter or the precise location from which shots were fired; she argued the shooter was on Newark property and alleged inadequate police protection.
Plaintiff sued Newark (among others) claiming failure to provide adequate police protection.
The trial court denied Newark’s motion for summary judgment, finding a material factual dispute about the shooter’s location; Newark’s reconsideration was denied.
On interlocutory appeal, the Appellate Division reversed, holding Newark entitled to statutory immunity under the New Jersey Tort Claims Act for failure to provide police protection, and remanded with instructions to enter judgment dismissing Newark.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Newark can be held liable for failure to provide police protection under N.J.S.A. 59:5-4	Ruff contends Newark failed to arrange adequate police protection for the event and is liable for resulting injuries	Newark argues N.J.S.A. 59:5-4 immunizes public entities for failure to provide or insufficient police protection	Held: Newark is immune as a matter of law under N.J.S.A. 59:5-4; summary judgment in Newark’s favor required
Whether the shooter’s location is a material factual issue precluding summary judgment	Ruff asserts the shooter was on Newark property, creating a factual dispute that defeats summary judgment	Newark contends shooter location is immaterial because statutory immunity applies regardless	Held: Shooter location is immaterial to immunity; it did not preclude summary judgment for Newark

Globe Motor Co. v. Igdalev, 225 N.J. 469 (summary judgment standard)
Memorial Props., LLC v. Zurich Am. Ins. Co., 210 N.J. 512 (view evidence in favor of non-moving party on summary judgment)
Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (opposing party must show genuine issue of material fact)
Coyne v. Dep’t of Transp., 182 N.J. 481 (Tort Claims Act presumes immunity; liability is exception)
Garrison v. Twp. of Middletown, 154 N.J. 282 (public-entity immunity principle)
Pico v. State, 116 N.J. 55 (liability limited to that set out in Tort Claims Act)
Rodriguez v. N.J. Sports & Exposition Auth., 193 N.J. Super. 39 (legislative purpose of N.J.S.A. 59:5-4 to protect resource allocation decisions)
Suarez v. Dosky, 171 N.J. Super. 1 (N.J.S.A. 59:5-4 bars suits based on absence or inadequacy of police force)