Officers’ Rights
Don’t let your statute of
limitations limit your options
Almost everyone has heard the term “statute of
limitations.” It is a term of art used in the law, but
at its root, it is not a difficult concept to grasp. The
statute of limitations is essentially the timeframe by
which an individual must bring a lawsuit. Failure to
file within the applicable statute of limitations nor-
mally means a complete bar from filing a lawsuit
STUART and a complete bar from pursuing a lawsuit.
Not only are lawsuits different from state to state,
ALTERMAN but they can also differ from jurisdiction to juris-
diction (e.g., New Jersey Federal Court versus New
Jersey State Court) and from one cause of action compared to an-
other cause of action within the same state (e.g. retaliation under
New Jersey’s Law Against Discrimination versus retaliation under
New Jersey’s Conscientious Employee Protection Act).
A law enforcement officer needs to be aware of when his or
her cause of action accrues. Sitting on your rights and letting an
applicable statute of limitations lapse can have devastating con-
sequences.
If you were to ask the average person how long one has to file
a lawsuit, the most popular answer would likely be two years. In
the state of New Jersey, that person would be correct for some
causes of action.
However, with that type of mindset, the average person could
jeopardize certain rights that they have as to causes of action that
have a statute of limitations of less than two years.
In New Jersey, the following causes of action have a two-year
statute of limitations:
a. discrimination claims brought under New Jersey’s Law
Against Discrimination (LAD);
b. harassment claims brought under New Jersey’s LAD;
c. hostile work environment claims brought under New Jer-
sey’s LAD;
d. retaliation claims brought under New Jersey’s LAD;
e. claims brought under New Jersey’s Constitution;
f. claims brought under the Federal Constitution;
g. claims brought under New Jersey’s Civil Rights Act;
h. claims of assault;
i. claims of battery;
j. claims of false arrest;
k. claims of false imprisonment;
l. claims of abuse of process;
m. claims of intentional infliction of emotional distress;
n. claims of negligent infliction of emotional distress;
o. claims of personal injury (motor vehicle accidents, falls,
etc.);
p. claims of medical malpractice; and
q. most other torts.
The Law Firm of
Alterman & Associates, LLC
Stuart J. Alterman, Esquire
Jeffrey S. Ziegelheim, Esquire
Arthur J. Murray, Esquire
Proudly representing Law Enforcement and Public Safety for a combined 80 years
Contract Negotiation
Contract Arbitration
Grievances/ Arbitration
Discipline Defense
Whistleblower /CEPA
Hostile Work Environment
Pension/Disability Appeals
Criminal Defense
Workers Compensation
Personal Injury
Human Resource Issues
Civil Rights Litigation
Administrative
One Stop Shop for Public Safety
Alterman & Associates, LLC have been an approved law firm with the PBA Legal Protection Plan since its inception.
South Jersey Location
8 South Maple Avenue, Marlton, NJ 08053
(856) 334-5737
North Jersey Location
22 Church Street, Haledon, NJ 07508
(973) 956-1621
salterman@alterman-law.com
www.altermanandassociates.com
www.NJPoliceAttorney.com
www.NJCorrectionsAttorney.com
22
NEW JERSEY COPS
■ SEPTEMBER 2017