LAMB v. THE STATE OF NEW JERSEY et al
Filing
2
MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 11/15/2012. (bdk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
QADIR LAMB,
Civil No. 12-6782 (JBS-AMD)
Plaintiff,
v.
MEMORANDUM OPINION
THE STATE OF NEW JERSEY, et
al.,
Defendants.
SIMANDLE, Chief Judge:
The matter before the Court arises from a traffic stop and
traffic citations issued to Plaintiff Qadir Lamb by an Oakland
Borough Police Department officer. Plaintiff asserts defenses to
the citations and also raises additional Constitutional and civil
rights claims against the officer and other defendants.
Plaintiff, representing himself, seeks to remove the action from
the Traffic Division of the Oakland Borough Municipal Court in
Camden County, N.J., and file his Complaint in forma pauperis
pursuant to 28 U.S.C. § 1915(a) without prepayment of fees. The
Court finds as follows:
1. The Court has reviewed Plaintiff’s Application to Proceed
in District Court Without Prepaying Fees or Costs [Docket Item 11], which was received on October 24, 2012. Because the Affidavit
discloses that Plaintiff is indigent, the Court will permit the
Complaint to be filed without prepayment of fees.
2. Federal courts have an independent obligation to satisfy
themselves of subject matter jurisdiction. Nesbit v. Gears
Unlimited, Inc., 347 F.3d 72, 76 (3d Cir. 2003). Accordingly, the
Court, on its own initiative, will analyze whether it has
jurisdiction in this matter.
3. Plaintiff Lamb, whose “former name” is Amir Little,
asserts that he was pulled over in Oakland, N.J., while driving a
relative’s car on the afternoon of March 31, 2012. [Compl. ¶¶ 2-3
at 5.] The officer, whom Plaintiff identifies as Det. Christopher
Romeo, explained that he stopped Plaintiff because the officer
“ran the license plate, and it was registered to a suspended
license driver.” [Id. ¶ 4 at 5, ¶ 15 at 8.] Plaintiff explained
that he was not the registered driver of the vehicle and, upon
request, presented the officer with his “nationality documents
and the [vehicle] registration.” [Id. ¶ 4 at 5.] Plaintiff
describes himself as a “US Natural Born, US National of the
Cherokee-Choctaw Tribe of the International Society of Indigenous
Sovereigns.” [Id.] The officer proceeded to search the vehicle,
over Plaintiff’s objection, but, according to Plaintiff, “did not
find any forms of CDS [controlled dangerous substances],
Firearms, Weapons, nor any other termed Narcotics or
paraphernalia.” [Id. ¶ 5 at 6.] Plaintiff was neither arrested
nor issued citations at that time. [Id. ¶¶ 6-7 at 6.] The officer
ordered Plaintiff and his children out of the car, towed the
vehicle, retained Plaintiff’s identification papers, and, several
2
days later, Plaintiff received citations for failure to inspect
the vehicle, failure to maintain vehicle lamps and failure to
produce documents. [Id. ¶ 7 at 7, ¶ 15 at 8, ¶ 1 at 11.] Although
Plaintiff never explains whether he was arrested following the
incident, he suggests as much by writing: “[t]he question then is
simply whether the respondent / counterclaimant (Qadir Lamb)
raised enough lawful suspicion of a crime to be charged with CDS
possession with intent to distribute.” [Id. ¶ 1 at 6.]
Plaintiff’s submission to the Court does not further elucidate
any drug charges or pending criminal proceedings against
Plaintiff, if any exist.1
3. Plaintiff requests that the three vehicle citations be
dismissed. [Id. ¶ 1 at 11.] Plaintiff also claims that his
traffic stop was racially motivated [id. ¶ 8 at 6, ¶ 5 at 7], and
he asserts a litany of claims, some of which are difficult to
decipher, including violations of the First, Fourth, Fifth,
Sixth, Ninth and Fourteenth Amendments to the U.S. Constitution,
as well as violations of the New Jersey Constitution and the New
Jersey Civil Rights Act, N.J. Stat. Ann. § 10:6-1 et seq., and
other tort claims. He requests various injunctive and monetary
relief. [Id. ¶¶ 1-10 at 11-12.]
1
The Court cannot speak with complete confidence about the
exact charges against Plaintiff, because Plaintiff did not attach
copies of all process, pleadings and orders served upon him, as
required by 28 U.S.C. § 1446(a).
3
4. This Court lacks jurisdiction over a traffic ticket case.
See, e.g., Christ v. Vora, 294 Fed. Appx. 752, 752 (3d Cir. 2008)
(affirming the district court’s dismissal of an action which
plaintiff sought to remove from municipal court, arguing that
traffic citations, and other citations, were issued on the basis
of religious and ethnic discrimination), El Bey v. N. Brunswick
Mun. Court, No. 08-2825, 2008 WL 2510725, at *1 (D.N.J. June 19,
2008) (ruling that “a federal district court may not exercise
jurisdiction over a municipal court proceeding” and citing
several Third, Sixth, and Ninth Circuit cases dismissing or
remanding traffic court actions to state court).
5. State court actions implicating civil rights cases may
not be removed under 28 U.S.C. § 1443, except for “rare
situations where it can be clearly predicted by reason of the
operation of a pervasive and explicit state or federal law that
those rights [the defendant’s federal rights] will inevitably be
denied by the very act of bringing the defendant to trial in the
state court.” City of Greenwood, Mississippi v. Peacock, 384 U.S.
808, 827 (1966). In the present case, Mr. Lamb has the
opportunity to defend himself in the Municipal Court which
observes due process of law, and, if convicted, to seek judicial
review in the Superior Court of New Jersey.
6. Plaintiff likely believes this is a civil rights case,
under 28 U.S.C. § 1443, but it is not, because Plaintiff does not
4
demonstrate in his filing that New Jersey courts are incapable of
protecting his right to equal protection of the law. Plaintiff
cannot turn a traffic summons case itself into a counterclaim for
affirmative relief under 42 U.S.C. § 1983, but he may file a
separate action seeking that relief in a court of competent
jurisdiction. Therefore, the Court must dismiss Plaintiff’s
petition for removal and remand to the Municipal Court, without
prejudice to Plaintiff’s right to commence a new civil rights
action seeking § 1983-type relief against the officer and the
police department. Plaintiff should assert whatever defenses he
has to the traffic citations in the Oakland Borough Municipal
Court, Camden County, N.J..
7. The accompanying Order for Remand will be entered.
November 15, 2012
Date
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?