Marcinczyk v. State of New Jersey Police Training Commission, 203 N.J. 586

Summary

The Supreme Court of New Jersey held that an exculpatory agreement required as a condition of participation in a police academy training program was invalid as contrary to the public policy expressed in the New Jersey Tort Claims Act. The Court reversed and remanded for consideration of the defendants' remaining immunity and negligence defenses.

Holdings

1. An exculpatory agreement that a public police academy requires a recruit to execute as a condition of participation in training is invalid and unenforceable when it waives liability for injuries covered by the liability provisions of the New Jersey Tort Claims Act.
2. Invalidation of the exculpatory agreement does not establish liability; defendants remain entitled to assert applicable Tort Claims Act immunities and to challenge whether plaintiffs stated a prima facie negligence claim.

Questions Presented

1. Whether an exculpatory agreement required by a public police academy as a condition of participation in statutorily mandated police training is invalid as contrary to the public policy expressed in the New Jersey Tort Claims Act.
2. Whether the Appellate Division could enforce the exculpatory agreement without addressing defendants' remaining discretionary-immunity and prima facie negligence defenses.

Disposition

reversed_and_remanded