MILES v. CITY OF JERSEY CITY et al
Filing
44
OPINION. Signed by Judge John Michael Vazquez on 8/22/2018. (sm)
Not for Publication
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
AARON MILES,
Plain tiff
Civil Action No. 14-5492 (JMV)
V.
OPINION
CITY OF JERSEY CITY, et al.,
Defendants.
John Michael Vazguez, U.S.D.J.
This case arises from the events surrounding Plaintiffs arrest and indictment, followed by
a dismissal of the charges. Plaintiff Aaron Miles (“Plaintiff’) sued Defendants City of Jersey City
(“Jersey City”); City of Jersey City Police Department (“Jersey City PD”); Jersey City Police
Officers Mark Hennessey, Michael Meade, Michael Strothers, and Christopher Dalton; Jersey City
Police Detective Corey Parsons; Nicole Tengo; ABC Corp. 1-3; and John Doe 1-3. Pending before
the Court is a motion for summary judgment filed by Defendants Jersey City; JCPD; JCPD
Officers Hennessey, Meade, Strothers, Dalton; and JCPD Detective Parsons (collectively
“Defendants”).
D.E. 341
Plaintiff did not submit any opposition.
The Court reviewed all
submissions and considered the motion without oral argument pursuant to Fed. R. Civ. P. 78(b)
and L. Civ. R. 78.1(b). For the reasons that follow, Defendants’ motion for summary judgment is
GRANTED.
In this Opinion, Defendants’ motion for summary judgment (D.E. 34) will be referred to as
“Def. Brf”
FACTS AND PROCEDURAL HISTORY
A. Factual Background
Plaintiff is an African-American man and a New Jersey resident. Complaint (“Compl.”)
¶
5. Around 9:20 p.m. on September 11, 2015, Officers Strothers and Dalton were dispatched to
Claremont Avenue and Westside Avenue in Jersey City on report of a robbery.
Defendants’
Statement of Material F acts Not in Dispute (“DSOMF”) ¶ 1; D.E. 34. Upon arrival, Strothers and
Dalton spoked to the alleged victim (and co-Defendant) Nicole Tengo. Id.
¶ 2.
Ms. Tengo stated
that she had just been robbed and gave a description of the man who robbed her as well as of the
electronic device taken. Id. ¶j 2,7. Specifically, Ms. Tengo described her attacker as a black man
in his early-twenties, wearing an olive-green shirt and black pants. She also stated that he had a
short afro-style haircut. Id.
¶ 3.
Officer Dalton then notified the chain of command and pertinent
facts were broadcast over the police radio. Id.
¶ 4.
Detective Parsons was dispatched to the scene
and spoke with Ms. Tengo. Based on their conversation, Detective Parsons concluded that Ms.
Tengo had been robbed. Id.
¶ 7.
Around 9:27
p.m.
that same day, Officers Meade and Hennessey
stopped Plaintiff in front of 66 Williams Avenue because he fit Ms. Tengo’s description of her
assailant. Id.
¶ 8.
66 Williams Avenue was a few blocks away from where Ms. Tengo alleged she
wasrobbed. Id.7.
At his deposition, Plaintiff testified that before the police encounter he had been sitting on
the porch of 66 Williams Avenue. Id.
¶ 10;
Certification of Stevie Chambers (“Chambers Cert.”),
Deposition of Aaron Miles (“Miles Depo.”) at 19:22; D.E. 34-2. Further, Plaintiff stated that
around 9:30 p.m., two Caucasian police officers had arrived at 66 Williams Avenue and asked him
to stand up and come down the porch. DSOMF ¶ 10; Miles Depo. at 19:18-25. After Plaintiff did
2
so, the police officers held his forearms and patted him down. DSOMF
¶ 10; Miles Depo.
at 20:1-
16.
At 9:46
p.m.,
Detective Parsons drove Ms. Tengo to 66 Williams Avenue for a show-up
identification procedure.
Chambers Cert., Ex. J., Parsons Show-up Identification Procedure
Worksheet. Detective Parsons told Ms. Tengo that police officers had stopped a male fitting the
description of her assailant and that they would like her to view him. Id. Detective Parsons advised
Ms. Tengo that she should not feel compelled to make an identification. Id. Upon arriving at 66
Williams Avenue, Ms. Tengo affirmatively stated that Plaintiff was her assailant. Id. Detective
Parsons testified that Plaintiffs appearance matched Ms. Tengo’s earlier description of her
assailant. Chambers Cert., Ex. D, Corey Parsons IntelTogatory Answers at 2. Plaintiff testified
that he was then handcuffed and put in the back of a police car. Miles Depo. at 34:24-25. He
further stated that the handcuffs were put on tight enough to leave marks—although the marks
were not permanent and did not require medical attention. Id. at 36: 1-10.
On December 4, 2012, a Grand Jury indicted Plaintiff for robbery in the second degree.
Chambers Cert., Ex. K, Aaron Miles Grand Jury Indictment. On November 15, 2013, the State
dismissed the indictment against Plaintiff. Chambers Cert., Ex. L, Aaron Miles Judgment of
Dismissal.
B. Procedural Background
Plaintiff filed his Complaint on September 2, 2014. D.E. 1. At the time, Plaintiff was
represented by counsel, but Plaintiff is now proceedingpro Se. D.E. 30, 32. The allegations in the
Complaint are somewhat unclear. The Complaint sets forth eight counts that appear to allege
excessive force pursuant to 42 U.S.C.
§
1983 against the JCPD officers (Count One); supervisory
liability based on failure to train pursuant to Section 1983 against Jersey City and the JCPD
3
(Counts Two, Three, Four); false arrest and false imprisonment pursuant to Section 1983 and the
New Jersey Civil Rights Act against the JCPD officers (Count Five); common law assault and
battery against the JCPD officers (Count Six); unspecified violations of the New Jersey
Constitution (Count Seven); and conspiracy for neglecting to prevent the civil rights conspiracy
pursuant to 42 U.S.C.
§ 1986 (Count Eight).
On November 18, 2014, Defendants submitted their Answer and filed crossclaims for
contribution and indemnification. D.E. 6. On November 23, 2016, the case was reassigned to the
undersigned. D.E. 1$. Then, on June 9, 2017, Defendants made the current motion for summary
judgment. D.E. 34.
II.
SUMMARY JUDGMENT STANDARD
A moving party is entitled to summary judgment where “the movant shows that there is no
genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
Fed. R. Civ. P. 5 6(a). A fact in dispute is material when it “might affect the outcome of the suit
under the governing law” and is genuine “if the evidence is such that a reasonable jury could return
a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
Disputes over irrelevant or unnecessary facts will not preclude granting a motion for summary
judgment. Id. “In considering a motion for summary judgment, a district court may not make
credibility determinations or engage in any weighing of the evidence; instead, the nonmoving
party’s evidence ‘is to be believed and all justifiable inferences are to be drawn in his favor.”
Marino v. Indits. Crating Co., 35$ F.3d 241, 247 (3d Cir. 2004) (quoting Anderson, 477 U.S. at
255). In other words, a court’s role in deciding a motion for summary judgment is not to evaluate
the evidence and decide the truth of the matter but rather “to determine whether there is a genuine
issue for trial.” Anderson, 477 U.S. at 249.
4
A party moving for summary judgment has the initial burden of showing the basis for its
motion and must demonstrate that there is an absence of a genuine issue of material fact. C’elotex
Corp. v. C’atrett, 477 U.S. 317, 323 (1986). After the moving party adequately supports its motion,
the burden shifts to the nonmoving party to “go beyond the pleadings and by [hisJ own affidavits,
or by the depositions, answers to interrogatories, and admissions on file, designate specific facts
showing that there is a genuine issue for trial.” Id. at 324 (internal quotation marks omitted). To
withstand a properly supported motion for summary judgment, the nonmoving party must identify
specific facts and affirmative evidence that contradict the moving party. Anderson, 477 U.S. at
250. “[I]f the non-movant’s evidence is merely ‘colorable’ or is ‘not significantly probative,’ the
court may grant summary judgment.” Messa v. Omaha Prop. & Cas. Ins. Co., 122 F. Supp. 2d
523, 528 (D.N.J. 2000) (quoting Anderson, 477 U.S. at 249-50).
Ultimately, there is “no genuine issue as to any material fact” if a party “fails to make a
showing sufficient to establish the existence of an element essential to that party’s case.” Celotex
Corp.. 477 U.S. at 322. “If reasonable minds could differ as to the import of the evidence,”
however, summary judgment is not appropriate. See Anderson, 477 U.S. at 250-5 1.
Even though Plaintiff failed to oppose Defendant’s motion, the Third Circuit has cautioned:
[T]he movant for summary judgment has the burden of
demonstrating the absence of genuine issues of material fact.., and
even if the opposing party fails to file contravening affidavits or
other evidence, summary judgment must still be ‘appropriate’ and
will be denied where the movant’s own papers demonstrate the
existence of material factual issues.
Drexel
i
Union Prescription Centers, Inc., 582 F.2d 781, 790 (3d Cir. 197$) (internal citations
omitted).
5
III.
LEGAL ANALYSIS
Defendants move for summary judgment on multiple grounds. In addition to arguing that
Plaintiff has not alleged facts or produced evidence to create genuine issues of material fact as to
his claims, Defendants also claim that they are entitled to qualified immunity.
a. Section 1983 Claims (Counts One, Two, Three, Four, Five)
Plaintiff brings Counts One, Two, Three, Four, and Five pursuant to Section 1983. Count
Five is also brought pursuant to the New Jersey Civil Rights Act (“NJCRA”). 42 U.S.C.
§ 1983,
in relevant part, provides as follows:
Every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any State or Territory or the District of
Columbia, subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an action
at law, suit in equity, or other proper proceeding for redress[.j
Section 1983 does not provide substantive rights; rather, Section 1983 provides a vehicle for
vindicating violations of other federal rights. Graham v. Connor, 490 U.S. 386, 393-94 (1989).
In order to state a claim under Section 1983, a plaintiff must demonstrate that “(1) a person
deprived him of a federal right; and (2) the person who deprived him of that right acted under color
of state or territorial law.” Burt v. Cf G Health Sys., No. 15-2279, 2015 WL 1646849, at *2 (D.N.J.
Apr. 14, 2015).
The NJCRA provides a private cause of action to
[a]ny person who has been deprived of any substantive due process
or equal protection rights, privileges or immunities secured by the
Constitution or laws of the United States, or any substantive rights,
privileges or immunities secured by the Constitution or laws of this
State, or whose exercise or enjoyment of those substantive rights,
privileges or immunities has been interfered with or attempted to be
interfered with, by threats, intimidation or coercion by a person
6
acting under color of law, may bring a civil action for damages and
for injunctive or other appropriate relief.
N.J.$.A. 10:6-2. The “NJCRA was modeled after
§ 1983, [and so] courts in New Jersey have
consistently looked at claims under the NJCRA through the lens of
§ 1983 and have repeatedly
construed the NJCRA in terms nearly identical to its federal counterpart.” Velez v. Fuentes, No.
No. 15-6939, 2016 WE 4107689, at *5 (D.N.J. July 29, 2016) (internal quotations and citation
omitted); see, e.g., Waselikv. Twp. ofSparta, No. 16-4969, 2017 WL 2213148, at *8 n.15 (D.N.J.
May 18, 2017) (noting that the court had “not seen in the case law any indication that malicious
prosecution is an exception to the general principle that NJCRA is construed in parallel to
§
1983.”). Therefore, the Court considers Plaintiff’s Section 1983 and NJCRA claims together.
Qualified immunity can shield a municipal officer from liability in a Section 1983 case.
Wright e. City of Philadelphia, 409 F.3d 595, 599 (3d Cir. 2005). “Qualified immunity shields
government officials from personal liability for civil damages insofar as their conduct does not
violate clearly established statutory or constitutional rights of which a reasonable person would
have known.” Paszkowski v. Roxbury Twp. Police Dep ‘t, No. 13-7088, 2014 WL 346548, at *2
(D.N.J. Jan. 30, 2014). A court must engage in a two-part inquiry to determine whether qualified
immunity applies: (1) whether the allegations, taken in the light most favorable to the party
asserting the injury, show that defendant’s conduct violated a constitutional right, and (2) whether
the constitutional right at issue was clearly established at the time of the alleged violation. Pearson
v. Callahan, 555 U.S. 223, 232 (2009).
Courts have the discretion to consider either prong of the two-part analysis first. Id. at 236.
The United States Supreme Court has ruled that the “contours of the right must be sufficiently
clear that a reasonable official would understand that what he is doing violates that right.” Saucier
v. Katz, 533 U.S. 194, 202 (2001). “To make that determination, [a court should] engage in another
7
reasonableness inquiry: ‘whether it would be clear to a reasonable officer that his conduct was
unlawful in the situation he confronted.” Santini v. fttentes, 795 f.3d 410, 417-18 (3d Cir. 2015)
(quoting Saucier, 533 U.S. at 202). This analysis is “undertaken in light of the specific context of
the case.” Saucier, 533 U.S. at 201.
“The issue of qualified immunity is generally a question of law, although a genuine issue
of material fact will preclude summary judgment on qualified immunity.” Giles v. Kearney, 571
f.3d 318, 326 (3d Cir. 2009). In deciding qualified immunity questions at summary judgment, a
court must view the facts in the light most favorable to the plaintiff Id.; see Scott v. Harris, 550
U.S. 372, 378 (2007) (finding that when the parties’ versions of the facts differ substantially at
summary judgment, “courts are required to view the facts and draw reasonable inferences in the
light most favorable to the party opposing the summary judgment motion,” and therefore, in
“qualified immunity cases, this usually means adopting
.
.
.
the plaintiffs version of the facts.”)
(internal quotations, citations, and brackets omitted). Summary judgment may be granted to
officers if, when interpreting the facts in the light most favorable to the plaintiff, the court
detennines that the facts do not support a violation of a clearly established constitutional right.
Mitchell v. Forsyth, 472 U.S. 511, 546 (1985) (stating that “when a trial court renders a qualified
immunity decision on a summary judgment motion, it must make a legal determination very
similar to the legal detennination it must make on a summary judgment motion on the merits”);
see also To/an v. Cotton, 134 S. Ct. 1861, 1866 (2014); Scott, 550 U.S. at 378.
Qualified immunity under New Jersey law “tracks the federal standard.” Brrntn v. State,
230 N.J. 84, 98 (N.J. 2017) (“To ascertain whether a governmental official
.
.
.
is entitled to
qualified immunity requires inquiries into whether: (1) the facts, taken in the light most favorable
to the party asserting the injury.
.
.
show the officer’s conduct violated a constitutional right; and
$
(2) that constitutional right was clearly established at the time that defendant acted.”) (quotations,
citations, and brackets omitted). The qualified immunity defense “extends to suits brought under
the [NJCRA].” Id. Accordingly, the Court considers qualified immunity under federal and
state law together.
1. Supervisory Liability (Monell Liability) (Cottnts Two, Three,
four)
In Counts Two, Three, and Four of his Complaint, Plaintiff seeks to hold Jersey City and
the JCPD liable for failing to properly train and supervise its police officers. Defendants first
assert that the JCPD should be dismissed from the suit because a municipal police department is
not an entity subject to suit. Def. Brf at 1$ (citing Woodyard v. Cty. ofEssex, 514 F. App’x 177,
181 (3d Cir. 2013)). Defendants next argue that summary judgment should be granted on Counts
Two, Three, and Four because Plaintiff has not put forward any evidence that he suffered a
constitutional violation as a result of a Jersey City custom, policy, or practice. Def. Brf. at 16-18.
The Court agrees that the JCPD is not a proper party to this matter. Padilla v. Twp. of
Cheriy Hill, 110 F. App’x 272, 278 (3d Cir. 2004) (finding that in “Section 1983 actions, police
departments cannot be sued in conjunction with municipalities, because the police department is
merely an administrative ann of the local municipality, and is not a separate judicial entity”)
(internal quotation omitted); Bonenberger v. Plymouth Twp., 132 F.3d 20, 25 (3d Cir. 1997)
(“[W]e treat the municipality and its police department as a single entity for purposes of section
1983 liability.”); Castoran v. Poltak, No. CV 14-253 1, 2017 WL 4805202, at *7 (D.N.J. Oct. 25,
2017) (finding in a Section 1983, NJCRA, and TCA action that “[b]ecause the [Northfield Police]
Department is not an entity separate from the municipality it cannot be sued in conjunction with
the municipality, irrespective of the nature of the plaintiffs claims) (internal quotation omitted);
Adams v. City of Camden, 461 F. Supp. 2d 263, 266 (D.N.J. 2006) (finding that “[i]n New Jersey
9
a municipal police department is not an entity separate from the municipality; therefore, the
Camden Police Department is not a proper defendant in this action”) (internal citation omitted).
Consequently, the claims against the JCPD are dismissed with prejudice.
Further, while a municipality may be liable under Section 1983, it cannot be held liable
under a theory of respondeat superior. Monell v. Dept. of Social Services, 436 U.S. 658, 691
(1978). “A municipality may only be held liable under Section 1983 if the plaintiff identifies a
municipal ‘policy’ or ‘custom’ that was the ‘moving force’ behind the injury.” Jewell v. Ridley
Twp., 497 F. App’x 182, 185 (3d Cir. 2012) (quoting Monell, 436 U.S. at 694). “In other words,
the plaintiff must show that the municipality, through one of its policymakers, affirmatively
proclaimed the policy, or acquiesced in the widespread custom, that caused the violation.” Noble
v. City of Camden, 112 F. Supp. 3d 208, 221 (D.N.J. 2015) (internal citation omitted). “A plaintiff
may
show the existence of a policy when a decision-maker with final authority issues an official
proclamation, policy, or edict.” Id. (emphasis added) (internal quotations and citations omitted).
“[A] custom may be established by showing that a
given
course
of
conduct, although not
specifically endorsed or authorized by law, is so well-settled and permanent as virtually to
constitute law.” Id. (emphasis added) (internal quotations and citations omitted).
Concerning appropriate training, “the inadequacy of police training may serve as the basis
for
§ 1983 liability only where the failure to train amounts to deliberate indifference to the rights
of persons with whom the police come into contact.” City of Canton, Ohio v. Harris, 489 U.S.
378, 388-89 (1989). “Only where a failure to train reflects a ‘deliberate’ or ‘conscious’ choice by
a municipality—a ‘policy’ as defined by our prior cases—can a city be liable for such a failure
under
§ 1983.” Id. “Deliberate indifference’ is a stringent standard, requiring proof that a
municipal actor disregarded a known or obvious consequence of his action.
10
.
.
.
Ordinarily, a
pattern of similar constittttional violations by untrained employees is necessary to demonstrate
deliberate indifference for purposes of failure to train.” Thomas v. Cumbertand Cty., 749 f.3d
217, 223 (3d Cir. 2014) (emphasis added) (internal quotations, citations, and brackets omitted).2
Additionally, a plaintiff must show that the unlawful policy or custom was the proximate
cause of the plaintiffs injuries. The United States Supreme Court has observed the following as
to proximate cause:
As our § 1983 municipal liabilityjurispnidence illustrates, however,
it is not enough for a § 1983 plaintiff merely to identify conduct
properly attributable to the municipality. The plaintiff must also
demonstrate that, through its deliberate conduct, the municipality
was the ‘moving force’ behind the injury alleged. That is, a plaintiff
must show that the municipal action was taken with the requisite
degree of culpability and must demonstrate a direct causal link
between the municipal action and the deprivation of federal rights.
Ba. of Cty. Comm ‘rs ofB,yan C., Ok-i. v. Brown, 520 U.S. 397, 404 (1997); see also Watson v.
Abington Thp., 47$ F.3d 144, 156 (3d Cir. 2007); Bielevicz v. Dtthinon, 915 F.2d 845, 850 (3d
Cir. 1990).
A police department may have an otherwise adequate policy or practice, or an
otherwise sufficient training program, but may nevertheless still fall constitutionally short if it fails
to recognize the deficiencies of a particular officer. As noted, the department or its superiors are
generally charged with notice of an individual officer’s shortcomings based on the officer’s
“pattern of similar constitutional violations[.]” Thomas, 749 F.3d at 223.
2
“[I]n certain situations, the need for training can be said to be so obvious, that failure to do so
could properly be characterized as ‘deliberate indifference’ to constitutional rights even without
a pattern of constitutional violations.” Thomas, 749 f.3d at 223 (internal quotations omitted)
(citing Canton, 489 U.S. at 390 n.10). These “single-incident” failure to train cases are,
however, rare. “Liability in single-incident cases depends on the likelihood that the situation will
recur and the predictability that an officer lacking specific tools to handle that situation will
violate citizens’ rights.” Thomas, 749 F.3d at 223-24 (internal quotation, citation, and bracket
omitted). Here, Plaintiff has not argued the “single-incident” theory of liability.
ii
Here, Plaintiff has not proffered evidence about an alleged policy or custom that
contributed to his false arrest or any other constitutional violation. There is no evidence supporting
Plaintiffs allegations.
As a result, Defendants’ motion for summary judgment is granted as to Counts Two, Three,
and Four.
2. Excessive force (Count One)
Defendants argue that summary judgment should be granted as to Plaintiffs excessive
force claim because the record demonstrates that any force used against Plaintiff was reasonable
in relation to the circumstances. Def. Brf. at 5-8. The Court agrees.
“The Fourth Amendment, which protects persons from ‘unreasonable searches and
seizures’ prohibits false arrest, false imprisonment, illegal search and seizure, and the use of
excessive force.” Roman v. City ofNewark, No. 16-1110, 2017 WL 436251, at *3 (D.N.J. Jan.
31, 2017) (quoting U.S. Const. amend. IV). When a police officer uses force to effectuate an
arrest, that force must be objectively reasonable. Groman v. Township of Manalapan, 47 F.3d
628, 634 (3d Cir. 1995) (citing Graham v. Connor, 490 U.S. 386, 396 (1989)). The reasonableness
of the force used is measured by “careful attention to the facts and circumstances of each particular
case, including the severity of the crime at issue, whether the suspect poses an immediate threat to
the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade
arrest by flight.” Groman, 47 F.3d at 634 (quoting Graham, 490 U.S. at 396). further, when more
than one officer is sued on a fourth Amendment excessive force claim, the district court must
evaluate each officer’s liability separately. Bishop v. Hack-el, 636 F.3D 757, 767 (6th Cir. 2011).
Here, Plaintiffs allegations of force concern only the two officers who arrested him.
Plaintiff does not allege that any other officers used force against him. As to the arresting officers,
12
Plaintiff testified that on the night of his arrest two Caucasian officers arrived at 66 Williams
Avenue, asked him to stand up and come forward, and then held his forearms while patting him
down. These officers later put handcuffs tightly on Plaintiffs wrists. Defendants admit the
officers involved with Plaintiffs arrest were Officers Meade and Hennessey.
Such force was reasonable.
Officers Meade and Hennessey responded to radio
infonTlation about a robbery suspect. Upon arriving at 66 Williams Avenue, they asked Plaintiff
to approach and then held his forearms while they patted him down for weapons. Plaintiff does
not claim to have suffered pain or injury from this pat down. Later after receiving a positive
identification from Ms. Tengo, the officers handcuffed Plaintiff. While Plaintiff complains that
the handcuffs were tight, the handcuffs’ tightness did not require Plaintiff to receive medical
attention nor did they leave a permanent mark.
Discomfort from tight handcuffs alone is
insufficient to rise to a Fourth Amendment violation. Compare Bradley v. Jersey City Police
Dep’t, No. CIV.A. 12-5236, 2013 WL 4606710, at *5 (D.N.J. Aug. 29, 2013) (finding that “[i]n
the absence of a fuller factual description, and where the only harm Plaintiff is alleged to have
suffered is the discomfort of tight handcuffs, Plaintiffs conclusory characterization of the officers’
use of force as excessive is insufficient[.]”) wit/i Kopec v. Tate, 361 F.3d 772, 774 (3d Cir. 2004)
(denying the officer qualified immunity for his use of excessive force against the plaintiff who
suffered penrleant nerve damage requiring surgery from the tightness of the handcuffs the officer
had placed on him).
Thus, there is no genuine issue of material fact over the reasonableness of the force Officers
Meade and Hennessey used against Plaintiff. Accordingly, there is no constitutional violation. It
follows that Defendants are entitled to qualified immunity and are granted summary judgment as
to Count One.
13
3. False Arrest & False Imprisonment (Count Five)
Although Plaintiff does not refer to the NJCRA in his Complaint, he appears to be asserting
his claims of false arrest and false imprisonment pursuant to both Section 1983 and the NJCRA.
See Compi.
¶ 58.
False arrest and false imprisonment are very similar and are oflen considered together. To
state a claim for false arrest under federal or New Jersey law, a plaintiff must establish (1) that
there was an arrest; and (2) that the arrest was made without probable cause. See James v. City of
Wilkes—Barre, 700 F.3d 675, 680 (3d Cir. 2012) (describing false arrest under the Fourth
Amendment); Schirmer v. Fenkethman, No. CIV. 10-1444, 2012 WL 6738757, at *8 (D.N.J. Dec.
31, 2012) (citations omitted) (describing false arrest under New Jersey law), affd, 553 F. App’x
268 (3d Cir. 2014). “The proper inquiry in a section 1983 claim based on false arrest
.
.
.
is not
whether the person arrested in fact committed the offense but whether the arresting officers had
probable cause to believe the person arrested had committed the offense.” Groman, 47 F.3d at 634
(qtioting Dowling
V.
City of Phila., $55 F.2d 136, 141 (3d Cir. 198$)); Nanton v. Mecka, No. 11-
6132, 2013 WL 1844756, at *6 (D.N.J. Apr. 30, 2013) (“The validity of an arrest does not depend
on the ultimate finding of guilt or innocence following an arrest.”).
In addition, “where the police lack probable cause to make an arrest, the arrestee has a
claim under § 1983 for false imprisonment based on a detention pursuant to that arrest.” 0 ‘Connor
v. City of Philadelphia, 233 F. App’x 161, 164 (3d Cir. 2007) (citations omitted); see Reedy
V.
Twp. of Cranberry, No. 06-1080, 2007 WL 2318084, at *3 (W.D. Pa. Aug. 9, 2007) (“The basis
for false arrest is the arrest itself, whereas the basig for false imprisonment is the detention that
follows the false arrest.”). Under New Jersey law, “[t]he tort of false imprisonment has two
elements: (1) an arrest or detention of the person against his or her will and (2) lack of proper legal
14
authority or legal justification.” Leang v. Jersey City Bd. ofEthic., 198 N.J. 557, 591 (N.J. 2009)
(quotations omitted). In other words, in New Jersey, “[fjalse imprisonment is the constraint of the
person without legal justification.” Id.
Defendants argue that no genuine issues of material fact exist as to whether the officers
had probable cause to arrest and detain Plaintiff because Ms. Tengo’s positive identification of
Plaintiff gave the officers probable cause to arrest him. Def. Brf. at 9. Defendants highlight that
Plaintiff does not contest either that the show-up procedure used was improper or that Ms. Tengo
was unduly influenced to identify Plaintiff. Id.
The Court agrees with Defendants.
Courts deciding whether to credit a positive
identification as a basis for probable cause look to the reliability of the identification. “Reliability
is determined by considering whether ‘under the totality of the circumstances the identification
was reliable even though the confrontation procedure was suggestive.” Stackhouse v. City of E.
Orange, No. CIV.A. 07-05502, 2012 WL 359727, at *5 (D.N.J. Feb. 1, 2012) (quoting Neil v.
Biggers, 409 U.S. 118, 200 (1972)). Courts assessing the totality of the circumstances look to the
following factors: (1) whether the witness was able to view the suspect at the time of the crime;
(2) the witness’ degree of attention; (3) the accuracy of the witness’ prior description of the suspect;
(4) the level of certainty demonstrated by the witness at the time of the identification; (5) the length
of time between the crime and identification. Id. Further, courts within this district have found
that a properly conducted show-up identification can provide reliable identification. Green v. City
of Paterson, 971 F. Supp. 891, 904 (D.N.J. 1997) (“A “show-up” identification allows
identification before the suspect has altered his appearance and while the witness’ memory is fresh
and pennits the quick release of innocent persons.”) (internal quotation omitted).
15
Here, Officers Strothers and Dalton spoke with Ms. Tengo, the alleged victim of a robbery,
at 9:20 p.m. Ms. Tengo provided the officers with a description of her assailant. She described
her attacker as a black man in his early-twenties, wearing an olive-green shirt and black pants. She
also stated that he had a short afro-style haircut. Approximately seven minutes later, just blocks
away from the crime scene, Officers Meade and Heimessey detained Plaintiff because he fit Ms.
Tengo’s description. Detective Parsons then brought Ms. Tengo to the location where Plaintiff
was being detained.
He advised Ms. Tengo that she should not feel compelled to make an
identification. Ms. Tengo saw Plaintiff and affirmatively identified Plaintiff as her assailant.
These facts do not raise material disputes as to the reliability of the officers’ show-up
procedure.
Ms. Tengo was able to view her assailant, she provided a reasonably-detailed
description of his appearance, her description matched Plaintiff, Plaintiff was found close to the
scene of the robbery, Ms. Tengo identified Plaintiff within thirty minutes of the robbery, and
Detective Parsons informed her that she should not feel pressured to make an identification.
Plaintiff does not proffer evidencing challenging these facts. Thus, the show-up procedure was
reliable. Moreover, thereafter, a grand jury indicted Plaintiff for second degree robbery. Cam lob
v. State farm fire & Cas. Co., 334 F.3d 345, 363 (3d Cir. 2003) (noting that “a grand jury
indictment or presentment constitutes prima fade evidence of probable cause to prosecute”)
(quotingRose v. Bartle, 871 F.2d 331, 353 (3d Cir.1989).
Thus, the Court finds that there is no genuine issue of material fact over whether
Defendants had probable cause to arrest and detain Plaintiff
Accordingly, there is no
constitutional violation. It follows that Defendants are entitled to qualified immunity and are
granted summary judgment as to Count Five.
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b. New Jersey Constitutional Violation (Count Seven)
In addition to alleging constitutional violations of false arrest, false imprisonment, and
excessive force, Plaintiff also alleges that his rights under New Jersey’s Constitution were violated.
Compi.
¶] 73-76. Plaintiff does not delineate which provision of the New Jersey Constitution was
allegedly violated. To the extent he is reiterating his claims pursuant to the NJCRA, the Court has
already granted summary judgment for the reasons stated above. Otherwise, because Plaintiff fails
to indicate any other alleged violation of the New Jersey Constitution, Defendants are granted
summary judgment on this count.
c. New Jersey Common Law Assault & Battery (Count Six)
Additionally, Defendants argue that that they are entitled to summary judgment on
Plaintiffs state common law claim for assault and battery. Def. Brf. at 4-5. The Court agrees.
As a threshold matter, a party that asserts a tort claim seeking damages from a public entity
or public employee must comply with the New Jersey Tort Claims Act (“TCA”), which
“establishes the procedures by which [such] claims may be brought.” D.D. v. Univ. of Med. &
Dentistiy of N.i, 213 N.J. 130, 146 (2013) (quoting Bectuchctmp v. Arnedio, 164 N.J. 111, 116
(2000)). One requirement is “that a timely pre-suit notification about the existence of the claim
and its particulars be provided to the defendants.” Id. N.J.S.A. 59:8-8 requires that within ninety
days of the claim’s accrual, an individual file a “notice of claim” with the entity involved in the
alleged wrongful act or the New Jersey Attorney General. If not, “[t]he claimant shall be forever
baiied from recovering against a public entity or public employee if.
.
.
{t]he claimant failed to
file with the public entity within 90 days of accrual of the claim except as otherwise provided in
N.J.S.A. 59:8-9.”
17
N.J.S.A. 59:8-9 provides that within one year of a claim’s accrual, a judge may allow a
claimant to file a late notice of claim if doing so would not cause substantial prejudice to the
defendant and if the untimeliness was due to “extraordinary circumstances.” However, after two
years have elapsed from the accrual of the claim, a plaintiff is “forever barred” from recovering
against the public entity or employee. N.J.S.A. 59:8-8(b). These timing requirements are strictly
construed, and a plaintiff who fails to comply is barred from recovering on his claims. Niblack v.
SCOMa/breen, No. 15-5298, 2016 WL 1628881, at *3 (D.N.J. Apr. 25, 2016). In fact, “[fjailure
to file a notice of claim is a ground for dismissal at the motion to dismiss stage.” Id. (citing William
v. Westampton Police Dep ‘t, No. L- 1144-13, 2014 WL 5393184, at *3 (N.J. App. Div. Oct. 24,
2014)); see also Ingram v. Twp. ofDeptford, 85$ F. Supp. 2d 386, 400 (D.N.J. 2012).
Here, Plaintiff neither alleges nor provides any proof that he filed a notice of claim within
ninety days of the accrual of his claims or anytime thereafter. As a result, there is no genuine issue
of material fact, and Defendants’ motion for summary judgment is granted as to Count Six.
d. Failure to Prevent a Civil Rights Conspiracy (Count fight)
Finally, without factual support, Plaintiff alleges that Defendants violated 42. U.S.C.
1986. Cornpl.
§
¶ 77-78. Defendants argue that they are entitled to summary judgment on this
claim as Plaintiff has not alleged or put forward evidence to support the claim. Def Brf. at 15.
The Court agrees.
Section 1986 works in conjunction with 42. U.S.C.
§
1985. A plaintiff may bring a Section
1985 claim if he has been harmed by a “conspiracy formed ‘for the purpose of depriving, either
directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal
privileges and immunities under the laws.” Farber v. CTh.’ of Paterson, 440 F.3d 131, 134 (3d
18
Cir. 2006) (quoting 42 U.S.C.
§ 1985(3)). A plaintiff must prove the following to sustain a Section
1985 claim:
(1) a conspiracy; (2) for the purpose of depriving, either directly or
indirectly, any person or class of persons of the equal protection of
the laws, or of equal privileges and immunities under the laws; and
(3) an act in furtherance of the conspiracy; (4) whereby a person is
injured in his person or property or deprived of any right or privilege
of a citizen of the United States.
Id. (quoting United Bhd. of Carpenters & Joiners v. Scott, 463 U.S. 825, 828-29 (1983)).
Section 1986 “is a companion to s[ection] 1985(3) and provides the claimant with a cause
of action against any person who, knowing that a violation of s[section] 1985 is about to be
committed and possessing power to prevent its occurrence, fails to take action to frustrate its
execution.” Rogin v. Bensalem Twp,, 616 F.2d 680, 696 (3d Cir. 1980). In order to state a Section
1986 cause of action, the plaintiff must first demonstrate “the existence of a
Any issue of material fact in a
if the elements of the
§ 1985 conspiracy.
§ 1986 action presupposes and relates to a § 1985 conspiracy. Thus,
§ 1925 conspiracy are missing, a § 1986 cause of action is properly dismissed
on summaryjudgment.” Clarkv. Ctabaugh, 20 F.3d 1290, 1296 (3d Cir. 1994).
Here, Plaintiff does not allege a Section 1985 claim. And neither the factual allegations in
the Complaint nor the evidence in Defendant’s summary judgment motion support inferring a civil
rights conspiracy. Because Plaintiff does not allege a Section 1985 claim, no genuine issues of
material fact exist as to whether Plaintiff has a Section 1986 claim.
Therefore, Defendants’ summary judgment motion is granted as to Count Eight.
e. Remaining Unidentified Defendants
The Court also dismisses Defendants ABC Corp. 1-3 and John Doe 1-3 from this matter.
Federal Rule of Civil Procedure 21 “provides that on motion or on its own, the court may at any
time, on just terms, add or drop a party.” Blakeslee v. Clinton Cty., 336 F. App’x 248, 250 (3d
19
Cir. 2009) (quoting Fed. R. Civ. P. 21.). A plaintiff may name John Doe defendants “until
reasonable discovery permits the true defendants to be identified.” Blakeslee, 336 F. App’x at 250.
“If reasonable discovery does not unveil the proper identities, however, the John Doe defendants
must be dismissed.” Id. See Adams v. City of Camden, 461 F. Stipp. 2d 263, 271 (D.N.J. 2006)
(eliminating fictitious defendants from the action under Rule 21 because after “a year of discovery
and motion practice, Plaintiff has failed to identify these defendants or provide any evidence of
their liability for the claims raised in the Complaint.”). Here, discovery was commenced over
three years ago, see D.E. 8, and Plaintiff still has not identified the fictitious defendants or provided
evidence as to how they were involved in this matter. Therefore, pursuant to Rule 21, Defendants
ABC Corp. 1-3 and John Doe 1-3 are dismissed with prejudice from this matter.
IV.
CONCLUSION
For the reasons set forth above, the Defendants’ motion for summary judgment (D.E. 34)
is GRANTED on all counts. In addition, Defendants ABC Corp. 1-3 and Defendants John Doe
1-3 are dismissed with prejudice from this matter.
An appropriate Order accompanies this
Opinion.
Date: August 22, 2018
C@LQQ i/
John’Michael Vazqu U..D.J.
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