BAYER V. TOWNSHIP OF UNION (A-1482-07T2) 7-7-10
In this case, where defendant was arrested based upon a
mistaken identification, we affirm the trial court's dismissal
of plaintiff's 42 U.S.C.A. § 1983 claim on summary judgment
because a careful review of the undisputed facts reveals that a
reasonable police officer would have believed there was probable
cause to arrest plaintiff. That was a determination
appropriately made by the trial court. We also affirm the trial
court's dismissal of plaintiff's Tort Claims Act claim because
plaintiff failed to provide timely notice pursuant to N.J.S.A.
59:8-8.
