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e. f. g. h. i. claims brought under New Jersey’s Constitution; claims brought under the federal Constitution; claims brought under a federal statute; claims brought under New Jersey’s Civil Rights Act; and retaliation claims brought under New Jersey’s Conscien- tious Employee Protection Act (CEPA) (also known as the Whistleblowing Act). Thus, if a law enforcement officer is contemplating bringing one or more of the above nine causes of action, he or she need not file tort claim notice as a prerequisite to filing a lawsuit. It should be noted that some attorneys still file tort claim no- tice for these nine causes of action for strategic reasons. The only downside to filing in such a circumstance is that it gives the employer advance notice that the law enforcement officer is contemplating a lawsuit. Such advance notice could have a negative impact on the lawsuit of the law enforcement officer. For that reason, communication between the law enforcement officer and his or her attorney is vital so that the pros and cons of such a decision can be discussed. Despite these nine exceptions, there are still times that a law enforcement officer would be required to file tort claim notice as a prerequisite for filing a lawsuit. A non-exhaustive list of those claims that would require tort claim notice would be the following a. claims of assault; b. claims of battery; c. claims of slander (oral defamation); d. claims of libel (written defamation); e. claims of malicious prosecution; f. claims of false arrest; g. claims of false imprisonment; h. claims of abuse of process; i. claims of fraud; and j. claims of intentional infliction of emotional distress. Thus, if a law enforcement officer is contemplating bring- ing one or more of these 10 causes of action, tort claim notice consisting of the six pieces of information noted above must be filed within 90 days of the cause of action accruing. If tort claim notice is required, the law enforcement officer must also wait 180 days (six months) from the date he or she files tort claim notice to file his or her lawsuit. Under the Tort Claims Act, that six-month period of time is supposed to give the public enti ty time to investigate the claim. Such an inves- tigation rarely happens, and the six-month period of time just becomes an additional obstacle delaying the lawsuit. If the lawsuit of a law enforcement officer combines some causes of action that require tort claim notice with other causes of action that do not, the law enforcement officer may imme- diately file his or her lawsuit based upon those causes of action that do not require tort claim notice while simultaneously filing a tort claim notice. Then, after the six-month period of waiting has elapsed, the law enforcement officer can move to amend his or her lawsuit to include the additional causes of action that he or she could not immediately claim. In that way, his or her lawsuit is not unreasonably delayed. d A former municipal police officer, county corrections officer and municipal prosecutor, Stuart J. Alterman has represented law enforcement officers for more than 25 years in all areas of em- ployment issues. He is a NJ State PBA Lifetime Silver Card recip- ient. Arthur J. Murray, who has extensive practice in the Office of Administrative Law in Law Enforcement Disciplinary Matters, contributed to this report. www.njcopsmagazine.com ■ AUGUST 2017 25