11-27-07 A-5537-05T2
Plaintiff is a licensed clinical social worker employed by
Correctional Medical Services, an independent contractor, who
assigned her to Southern State Correctional Facility to provide
mental health services for prison inmates. Plaintiff alleged
that a corrections officer threatened and physically and
verbally abused her. She appeals from a summary judgment
dismissing her hostile work environment claim under the New
Jersey Law Against Discrimination. The court dismissed her
claim because she was not an employee of the State. The judge
also dismissed her negligent retention and supervision claim
against the State because she failed to meet the verbal
threshold of the Tort Claims Act based on her psychological
injuries. We reinstated both claims and discussed in the
opinion why she could be considered an employee of the State for
purposes of the Law Against Discrimination. We also discussed
the elements necessary to vault the Tort Claims Act verbal
threshold when a plaintiff only suffers psychological injuries.
