After a tragic instance where an off-duty officer murdered his wife with his service weapon, the victim’s children filed a Section 1983 suit against members of the county prosecutors office for failing to take the weapon away from the killer when they knew he was dangerous. In Gramiccioni v. Dept. of Law and Public Safety, the NJ Supreme Court held that the state — and not the county — was obligated to defend and indemnify the individual county prosecutors because the alleged wrongdoing was based law enforcement actions.
