Under New Jersey tort law, the city is a public entity andcannot be held liable "for an injury, whether such injury arisesout of an act or omission of the public entity or a public employeeor any other person."

Unfortunately for Kelly, tort law states that a "public entity(and its employees) is not liable for the exercise of discretionwhen, in the face of competing demands, it determines whether andhow to utilize or apply existing resources, including thoseallocated for equipment, facilities and personnel unless a courtconcludes that the determination of the public entity was palpablyunreasonable."

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