WILLIAMS v. TRENTON CITY POLICE DEPARTMENT et al
Filing
34
MEMORANDUM OPINION. Signed by Judge Michael A. Shipp on 6/14/2013. (gxh)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
GUY WILLIAMS,
Plaintiff,
v.
CITY OF TRENTON, et al.,
Civil Action No. 11-6352 (MAS) (TJB)
MEMORANDUM OPINION
Defendants.
SHIPP, District Judge
This matter comes before the Court upon Defendants,} Motion for Summary Judgment
filed on November 2, 2012. (Defs.' Mot., ECF No. 26.) This motion seeks dismissal of Plaintiff
Guy Williams's ("Plaintiff') Complaint in full. Plaintiff filed Opposition on December 3, 2012.
(Pl.'s Opp'n, ECF No. 28.) Defendants filed a Reply on December 18, 2012. (ECF No. 30.) The
Court has carefully considered the Parties' submissions and decided the matter without oral
argument pursuant to Federal Rule of Civil Procedure ("Rule") 78. For the reasons stated below,
and for other good cause shown, the Defendants' Motion is GRANTED and Plaintiffs case is
DISMISSED with prejudice.
I.
Introduction and Factual Background
Plaintiff Guy Williams is suing Defendants for various civil rights claims. (Compl. B 30-
42.) Plaintiff argues that Defendant Detectives unreasonably and without probable cause
1
The docket currently only lists three Defendants: City of Trenton ("Trenton"), Trenton Police
Department, and Detective Kenneth Lugo. The Amended Complaint, however, also lists a
Detective Sheehan Miles. (ECF No. 26-5.) This discrepancy is irrelevant to disposition of this
motion and case.
searched and seized him after receiving information from an anonymous tip linking Plaintiff to
criminal activity. (ld.
n 11-22.)
The following facts are undisputed. A Confidential Informant ("CI") communicated to
Detective Miles that there was a suspect walking with a gun "on the 500 block of Hamilton
Avenue in Trenton." (Defs.' Mot. 1.) The CI described the suspect as "a black male wearing
jeans, an orange hat with the letter H on it, and a long sleeved orange shirt with a white tee shirt
over it." (/d.) Detective Miles then called Detective Lugo and told him the description he had
received from the CI, as well as information stemming from a second call from the CI explaining
that the suspect had just entered a liquor store on Hamilton Avenue near Chambers Street. (/d.)
After obtaining a visual identification of the suspect, the detectives observed him enter the Food
King Chinese Restaurant. (/d.) Detectives Franicevich and Lugo then entered the restaurant and
noted that the suspect, who would later be identified as the Plaintiff, matched the description
given by the CI "to aT." (/d.) (internal quotations omitted). The detectives then each took hold
of one of the suspect's arms and escorted him out of the restaurant. (/d.) After Detective Lugo
completed a "pat-frisk" of the Plaintiff, he found a .22 caliber pistol in his pocket. (Compl. <)[ 15.)
Plaintiff was then arrested and charged with "Unlawful Possession of Weapons (handgun) in
violation of [N.J. Stat. Ann.] 2C:39-5B and Certain Persons Not To Have Weapons (Felon) in
violation of [N.J. Stat. Ann.] § 2C:39-7B." (Defs.' Mot. 1.)
Plaintiff could not make bail and was held in Mercer County Jail for over two years.
(Compl. <)[ 18); (Defs.' Mot. 4.) At his trial, Plaintiff successfully moved to suppress the evidence
of the firearm because Defendants allegedly did not have probable cause to conduct a search and
seizure of his person. (/d.
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