New Jersey § 2a:84a-21
Full text of New Jersey New Jersey Statutes § 2a:84a-21, with citation guidance and answers to common questions.
§ 2a:84a-21.
a. A person, corporation, partnership, proprietorship or other entity aggrieved by
a search for or seizure of materials in violation of this act shall have a civil cause
of action for damages for such search or seizure: (1) Against the State of New Jersey, or against any other governmental unit, all of
which shall be liable for violations of this act by their officers, employees or agents
while acting within the scope or under color of their office, employment or agency. (2) Against an officer, employee or agent of the State of New Jersey or any other
governmental unit who has violated this act while acting other than within the scope
or under color of his office, employment or agency. It shall be a complete defense to a civil action brought under this paragraph that
the officer, employee or agent had a reasonable good faith belief in the lawfulness
of his conduct unless his error is due to an ignorance of an official statement of
the law. b. The State of New Jersey or any other governmental unit, liable for violations of
this act under paragraph 3 a. (1), 1 may not assert as a defense to a claim arising under this act the immunity of the
officer, employee or agent whose violation is complained of or his reasonable good
faith belief in the lawfulness of his conduct, except that such a defense may be asserted
if the violation complained of is that of a judge. c. The remedy provided by paragraph 3 a. (1) against the State of New Jersey or any
other governmental unit is exclusive of any other civil action or proceeding for conduct
constituting a violation of this act, against the officer, employee or agent whose
violation gave rise to the claim, or against the estate of such officer, employee
or agent. d. A person, corporation, partnership, proprietorship or other entity having a cause
of action under this section shall be entitled to recover actual damages but not less
than liquidated damages of $1,000.00, such punitive damages as may be warranted, and
such reasonable attorney's fee and other litigation costs reasonably incurred as the
court, in its discretion, may award; provided, however, that the State of New Jersey
or any other governmental unit shall not be liable for interest prior to judgment. e. The Attorney General is authorized to settle a claim for damages brought against
the State of New Jersey under this section and shall promulgate regulations to provide
for the commencement of an administrative inquiry following a determination of a violation
of this act by an officer, employee or agent of the State of New Jersey or any other
governmental unit and for the imposition of administrative sanctions against such
officer, employee or agent if warranted. f. A county prosecutor may settle a claim for damages brought against the county of
his jurisdiction or any other governmental unit under this section. 1
N.J.S.A. § 2A:84A-21.11(a)(1).
Frequently Asked Questions About New Jersey § 2a:84a-21
What does New Jersey Statutes § 2a:84a-21 cover?
Section 2a:84a-21 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:84a-21?
A common citation format is "New Jersey Statutes § 2a:84a-21" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:84a-21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.