Maryann Cottrell v. Zagami, LLC

Summary

The Supreme Court of New Jersey held that the phrase "acting under color of law" in the New Jersey Civil Rights Act applies to all private actions under N.J.S.A. 10:6-2(c), including claims based on deprivation of rights. The Court reversed in part and remanded, while preserving Maryann Cottrell's malicious use of process claim based on Zagami, LLC's defamation action arising from her protected statements at a municipal liquor-license hearing.

Holdings

1. The phrase "person acting under color of law" in N.J.S.A. 10:6-2(c) applies to all private CRA actions, including claims alleging deprivation of protected rights and claims alleging interference with protected rights. A private CRA action therefore requires state action.
2. Cottrell could pursue her malicious use of process claim because her statements at the quasi-judicial municipal liquor-license hearing were protected by the litigation privilege, and the Appellate Division had restored that claim.

Questions Presented

1. Whether N.J.S.A. 10:6-2(c) permits a private civil-rights action against a person who was not acting under color of law.
2. Whether Cottrell's protected speech at a quasi-judicial municipal hearing preserved her malicious use of process claim against Zagami.

Disposition

reversed_and_remanded