Judge's gavel in a courtroom trial.
Judge's gavel in a courtroom trial.

Judge dismisses Paterson worker’s defamation claim against city

NEWARK, N.J. – A federal judge has dismissed a defamation claim brought by a City of Paterson employee against the municipality, ruling that the city cannot be held liable for intentional torts such as defamation under New Jersey law.

U.S. District Judge Stanley R. Chesler granted the city’s motion in limine, eliminating the final count of plaintiff David Gilmore’s lawsuit before trial.

The ruling ends Gilmore’s bid to hold the city responsible for what he alleged were malicious statements made against him.


Key Points

  • Judge Stanley Chesler dismissed David Gilmore’s defamation claim against the City of Paterson
  • The court ruled that municipalities cannot commit or be held vicariously liable for intentional torts
  • Decision cites longstanding New Jersey precedent and the state Tort Claims Act

City cannot “entertain malice,” judge says

In his opinion, Chesler cited decades of New Jersey case law holding that municipalities, as public entities, cannot form the intent necessary to commit an intentional tort. He referenced O’Connor v. Harms, a 1970 appellate decision establishing that public corporations “cannot entertain malice” because they are artificial legal entities created to perform governmental functions.

The court further held that the New Jersey Tort Claims Act shields municipalities from liability for the acts of public employees involving malice, fraud, or willful misconduct. Chesler wrote that the statute reflects the state’s public policy of preventing government bodies from being sued for employees’ intentional wrongdoing.

Legal distinction rejected

Gilmore argued that the cited precedent did not directly apply because he was a municipal employee suing his own employer. The judge rejected that distinction, finding no legal basis to treat the claim differently from prior cases involving outside plaintiffs.

By dismissing Count Three of the complaint with prejudice, Chesler barred the defamation claim from being refiled, effectively ending that portion of the litigation. The remaining counts in Gilmore’s broader employment case were not addressed in this order.

Shore News Network Staff Report

Shore News Network Staff Report is the official newsroom byline used by Shore News Network when a story is produced through the collaborative work of multiple members of the editorial team rather than a single reporter.

This newsroom account is reserved for articles that involve contributions from multiple journalists, editors, photographers, researchers, or news desk staff. It is also used for developing stories that are updated as new verified information becomes available, as well as for community announcements, weather coverage, public safety alerts, election results, and other newsroom-produced content.

Every article published under the Shore News Network Staff Report byline is reviewed and edited in accordance with the organization's editorial standards for accuracy, fairness, attribution, and transparency. Information is verified through official government agencies, court records, law enforcement, public documents, direct reporting, interviews, and other reliable primary and secondary sources before publication whenever possible.

The Staff Report account does not use artificial intelligence to independently generate news or publish unverified information. AI-assisted tools may occasionally be used for editorial support tasks such as transcription, formatting, grammar review, or workflow efficiency, but all published content is subject to human editorial oversight and approval by Shore News Network's newsroom staff.

As an independently owned digital news organization, Shore News Network is committed to original reporting, public safety journalism, government accountability, local community coverage, and breaking news throughout New Jersey and surrounding regions. Stories published under the Staff Report byline reflect the collective experience and editorial judgment of the Shore News Network newsroom.

Readers who have corrections, additional information, or news tips related to a Staff Report article are encouraged to contact the newsroom at news@shorenewsnetwork.com. Shore News Network welcomes factual corrections and updates as part of its commitment to accurate, transparent journalism.