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Police Department Acceptance of Service for Cop Upheld
A police department's offer to accept service for an individual officer did not make it an agent authorized to accept service without actual authorization or appointment from the officer.
Since the officer actually got the complaint, the court holds the defect in service to be technical and declines to vacate a default judgment, since the officer did not appear to have a meritorious defense and his non-response was based on his own culpable conduct. See: James v. City of Jersey City, 187 F.R.D. 512 (D.N.J. 1999).
Since the officer actually got the complaint, the court holds the defect in service to be technical and declines to vacate a default judgment, since the officer did not appear to have a meritorious defense and his non-response was based on his own culpable conduct. See: James v. City of Jersey City, 187 F.R.D. 512 (D.N.J. 1999).
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Related legal case
James v. City of Jersey City
| Year | 1999 |
|---|---|
| Cite | 187 F.R.D. 512 (D.N.J. 1999) |
| Level | District Court |
| Injunction Status | N/A |