New Jersey Senate Bill S1219

New Jersey 2022-2023 Regular Session

• Introduced: 2/3/22
• Refer: 2/3/22

Caption

Clarifies that punitive damages may not be awarded against public entities or public employees acting within the scope of their employment in any action.

Impact

The implications of this bill include significant changes to how litigation against public sector entities is handled in New Jersey. It restricts the ability of individuals to claim punitive damages even in cases where other forms of accountability may be sought through statutory frameworks, such as the Law Against Discrimination and the Conscientious Employee Protection Act. The target in this bill is to align punitive damage access with public policy considerations that prioritize the financial welfare of the collective taxpayers over potential punitive awards.

Summary

Senate Bill S1219 amends the New Jersey Tort Claims Act to clarify the legislative intent regarding punitive damages against public entities and employees acting within their official capacity. The bill specifies that punitive damages cannot be awarded in any action against public entities or public employees, irrespective of other available remedies in common law or statutory law. This amendment aims to ensure that the financial burden of litigation does not fall on taxpayers when public entities or employees are involved in lawsuits.

Contention

Notable points of contention surrounding S1219 arise primarily from concerns about accountability and the rights of aggrieved employees. Critics may argue that excluding punitive damages creates a potential shield for public entities and employees, limiting the functional repercussions for wrongful conduct that might otherwise deter such behaviors. Proponents, however, contend that this measure protects taxpayer interests and maintains fiscal responsibility within the public sector by preventing unnecessary financial liabilities.