Fuggi Law Firm: Significant State and Federal Court Decisions
J.P. v. Smith, 444 N.J. Super. 507 (App. Div. 2016) – A member of a high school marching band
and color guard was groomed, molested and impregnated by her assistant band director.
Robert R. Fuggi, Jr., Esq., represented the victim-plaintiff. Reflecting the state of the law of
sexual abuse in 2016, the Appellate Division held that the Child Sexual Abuse Act (“CSAA”) did
not apply to students of public day schools and that the strictures of the Tort Claims Act (“TCA”)
apply with full force to claims of child sexual abuse. In response, in 2019 the New Jersey
Legislature passed the Child Victims Act (“CVA”), permitting victims like J.P. to seek redress
under the CSAA without the need to satisfy the notice provisions of the TCA.
E.C. v. Inglima-Donaldson, 470 N.J. Super. 41 (App. Div. 2021) – A member of a high school track
team was subjected to sexualized language and inappropriate touching by a teacher who
coached the team. In one of the first cases interpreting the CVA, Robert R. Fuggi, Jr., Esq.,
persuaded the Appellate Division that public entities are not immune to liability for sexual
abuse committed by their employees. This stands in marked contrast to the ordinary rule
where public entities such as school are not liable for intentional misconduct by employees.
Doe v. Estate of C.V.O., 477 N.J. Super. 42 (App. Div. 2023) – A young boy was sexually molested
by his older sister over fifty years ago. The victim-plaintiff filed suit against the estates of his
parents on claims that they failed to protect him. Although declining to extend CSAA liability to
situations where sexual abuse was committed by one minor against another, the Appellate
Division clarified that victims of sexual abuse have recourse under the common law of New
Jersey, even against other minors.
K.J. v. J.P.D., 659 F. Supp. 3d 471 (D.N.J. 2023) – A young African-American boy was isolated,
groomed and molested by a white police officer who abused his authority to gain access to the
victim. Robert R. Fuggi, Jr., Esq., took the case to the United States District Court for the District
of New Jersey to demand justice for the plaintiff. The District Court held that amendments to
the TCA in the CVA authorized the victim-plaintiff’s suit against the municipal police
department that employed his abuser. This decision was upheld on Motion for Reconsideration
available at K.J. v. J.P.D., CIVIL 1:20-cv-14177 (D.N.J. June 21, 2023).
M.R. v. Stockton University, 3:18-cv-11431 (D.N.J.); K.S. v. Stockton University, 3:18-cv-11635
(D.N.J.); S.U. v. Stockton University, 3:18-cv-12145 (D.N.J.); D.D. v. Stockton University, 3:18-cv-
13506 (D.N.J.); K.H. v. Stockton University, 3:18-cv-15651 (D.N.J.) – A group of female college
students were victims of sexual assault and humiliation as a result of the deliberate indifference
of the school to the predatory behavior of certain fraternity brothers. Although not addressed
in the Court’s opinion denying Stockton’s motion to dismiss, Fuggi Law Firm’s advocacy on
behalf of victims led to amendments to the Campus Sexual Assault Victim’s Bill of Rights,
imposing duties on educators to report sexual assault to law enforcement.
Vergara v. Keyes, 3:20-cv-01460 (D.N.J., Dec. 30, 2020) – A municipal policewoman was sexually
harassed and groped while performing her sworn duties by a retired captain turned civilian
employee of the New Jersey State Police. The District Court held that the immunities granted
by the NJTCA are abrogated by the CVA in cases involving nonconsensual sexual contact, even
when that contact is inflicted on an adult. The District Court also endorsed the plaintiff’s theory
she was discriminated against based on her sex in a place of public accommodation under the
New Jersey Law Against Discrimination (“NJLAD”).
B.A. v. Golabek, 2:18-cv-17523 (D.N.J., Nov. 8, 2021) – A teenage boy was groomed and sexually
abused by his high school art teacher, leading to a suicide attempt. With the help of Fuggi Law
Firm, the victim filed suit years later in search of justice. The District Court upheld the plaintiff’s
right to seek redress under the CVA, in spite of arguments that his awareness of the sexual
abuse for many years prior barred his claims.