NJTCA process violation

The New Jersey Tort Claims Act governs how claims are handled against public entities and employees, including municipalities. 

• Notice and Investigation: The Act requires that a claimant file a formal Notice of Claim with the municipality within 90 days of the incident. The purpose of this notice is to give the public entity sufficient time to investigate the claim before a lawsuit can be filed.
• No Immunity for Withholding: The Act implicitly requires a Municipality to conduct a good-faith investigation into a tort claim. Deliberately withholding evidence relevant to a claim would be contrary to this process.