Under section 1983, a municipality may be liable only when the constitutional deprivation results from an official policy or custom. See Monell v. Department of Social Servs. of City of New York, 436 U.S. 658, 690-91, 98 S.Ct. 2018, 56 L.Ed.2d 611 [107 F.Supp.2d 539] (1978); see also Merkle v. Upper Dublin School Dist., 211 F.3d 782, 791 (3d Cir. 2000). The same policy or custom requirement is necessary to subject a municipality to liability under section 1981. See Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 736, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989); Smith v. Chicago Sch. Reform Bd. of Trustees, 165 F.3d 1142, 1148 (7th Cir. 1999); Meachum v. Temple Univ. of the Commonwealth Sys. of Higher Educ., 42 F.Supp.2d 533, 539 n. 7 (E.D.Pa.1999); Reynolds v. Borough of Avalon, 799 F.Supp. 442, 444 n. 1 (D.N.J.1992)(Gerry, C.J.). In Pembaur v. City of Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986), the Supreme Court held that, for purposes of section 1983, a single decision by a final policymaker could, under appropriate circumstances, establish municipal liability. See id., 475 U.S. at 480, 106 S.Ct. 1292. The United States Court of Appeals for the Third Circuit has instructed that “a plaintiff must show that an official who has the power to make policy is responsible for either the affirmative proclamation of a policy or acquiescence in a well-settled custom.” Bielevicz v. Dubinon, 915 F.2d 845, 850 (3d Cir.1990)(citing Andrews v. City of Philadelphia, 895 F.2d 1469, 1480 (3d Cir.1990)); accord Woodwind Estates, Ltd. v. W.J. Gretkowski, 205 F.3d 118, 126 (3d Cir. 2000). “In order to identify who has policymaking responsibility, `a court must determine which official has final, unreviewable discretion to make a decision or take an action.'” Bielevicz,915 F.2d at 850 (quoting Andrews, 895 F.2d at 1481); accord Blanche Road Corp. v. Bensalem Township,57 F.3d 253, 269 n. 16 (3d Cir. 1995) This determination is based upon state law. See City of St. Louis v. Praprotnik, 485 U.S. 112, 124, 108 S.Ct. 915, 924, 99 L.Ed.2d 107 (1988); Andrews, 895 F.2d at 1481. See N.J.S.A. 59:9-2 (West 2000)(providing that no punitive damages shall be awarded against a public entity); N.J.S.A. 59:2-10 (West 2000)(providing that a public entity is not liable for the acts of a public employee constituting “a crime, actual fraud, actual malice, or willful misconduct”); see also Soto v. City of Newark, 72 F.Supp.2d 489, 497 (D.N.J.1999)(Wolin, J.)(finding that public entities may not be held liable for intentional acts of its employees);47 Marion v. Borough of Manasquan, 231 N.J.Super. 320, 333, 555 A.2d 699 (App.Div.1989)(finding that municipality is immune from punitive damages in false arrest case). However, as a matter of law, a municipality may be liable for punitive damages under the NJLAD. See Cavuoti v. New Jersey Transit Corp., 161 N.J. 107, 113, 735 A.2d 548 (1999)(holding that a public entity may be liable for punitive damages under the NJLAD). It is well established under New Jersey law that an “`employer should be liable for punitive damages [under the NJLAD] only in the event of actual participation by upper management or willful indifference.'” Id. at 117, 735 A.2d 548 (quoting Lehmann v. Toys `R’ Us, Inc., 132 N.J. 587, 625, 626 A.2d 445 (1993)). To recover punitive damages under New Jersey law, a defendant must have acted with “`actual malice'” or “`a wanton and wilful disregard of persons who might be harmed….'” Cavuoti, 161 N.J. at 120 n. 2, 735 A.2d 548 (quoting N.J.S.A. 2A:15-5.12 (West 2000)). Under New Jersey law: [107 F.Supp.2d 570] To warrant a punitive damage award, the defendant’s conduct must have been wantonly reckless or malicious. There must be an intentional wrongdoing in the sense of an evil minded act or an act accompanied by a wanton and wilful disregard of the rights of another. The key to the right to punitive damages is the wrongfulness of the intentional act…. Our cases indicate that the requirement [of willfulness and wantonness] may be satisfied upon a showing that there has been a deliberate act or omission with knowledge of a high degree of probability of harm and reckless indifference to the consequences.