ESTATE OF JESSE M. RIVERA et al v. PASSAIC COUNTY et al

Filing 92

ORDER granting in part and denying in part deft's 84 Motion for Partial Summary Judgment. Signed by Judge Dennis M. Cavanaugh on 07/25/2011. (nr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ESTATE OF JESSE M. RIVERA, a New
Jersey estate, NYDIA E. RIVERA, a New
Jersey resident, and EUGENIO RIVERA,
a New Jersey resident,
Plaintiffs,
v.
PASSSAIC COUNTY, PASSAIC
COUNTY JOHN AND JANE DOES 130, PASSAIC COUNTY SHERIFF’S
DEPARTMENT JOHN AND JANE
DOES 1-3-, JERRY SPEZIALE, in his
official capacity as Sheriff of Passaic
County, and in his individual capacity,
CHARLES MEYERS, in his official
capacity as Warden of Passsaic County
Jail, and his individual capacity,
SERGEANT R. CONDATORE, in his
official capacity as Classification Officer
of Passaic County Jail, and in his
individual capacity; DR. WAHBA, in his
official capacity as Medical Directo of
Passaic County Jail, Dr. DAVID
TUTONE, in his official capacity as
jailhouse doctor, and in his individual
capacity, OTHER JOHN AND JANE
DOES 1-30, fictitiously named
individuals, and ABC CORPORATIONS
1-30, fictitiously named entities,

:
:
:
:
:
:
:
:
:
:
:
:

Hon. Dennis M. Cavanaugh

ORDER
Civil Action 2:09-cv-05218(DMC)(MF)

Defendants

DENNIS M. CAVANAUGH, U.S.D.J.:
This matter comes before the Court upon motion by Passaic County et al (“Defendants”)
for partial summary judgment as to the second amended complaint of the Estate of Jesse M.

Rivera et al (“Plaintiffs”) pursuant to Fed. R. Civ. P. 56. Pursuant to Fed. R. Civ. P. 78, no oral
argument was heard. After carefully reviewing the submissions of the parties, and based on the
Court’s Opinion filed this day;
IT IS this

25th

day of July, 2011;

ORDERED Defendants’ motion for partial summary judgment is granted as to Count
18. Defendant’s motion to dismiss the Estate’s claims for loss of the value of life is denied, but
the period for which Plaintiff may recover is limited to the hours between Mr. Rivera’s hanging
and his death. Defendant’s motion to dismiss claims of the Estate for loss of society or
relationship is granted, but it is understood that Plaintiffs are able to recover for pecuniary losses
that may arise from the loss of companionship, guidance, advice, counsel, services and earnings
caused by the death of their son. Defendant’s motion to exclude the claims of Mr. Rivera’s
siblings for loss of household/family accompaniment services is granted.

S/ Dennis M. Cavanaugh
Dennis M. Cavanaugh, U.S.D.J.
Original:
cc:

Clerk
All Counsel of Record
File