Chey v. LaBruno
| Decision Date | 17 June 2022 |
| Docket Number | Civ. No. 20-19036 (KM)(JBC) |
| Citation | 608 F.Supp.3d 161 |
| Parties | Tiffany M. CHEY, Plaintiff, v. Chief Edward LABRUNO; Chief Kieth Licata; Sergeant Matthew Fortunato; Sergeant Christopher Coupe; Aida Cahill; Thomas J. Mahoney; Thomas B. Foley; Joseph Lang; Scott Hutchins ; Borough of Mount Arlington; Municipal Court of Mount Arlington/Wharton Boroughs; Township of Montclair New Jersey; XYZ Corps. 1-10; John/Jane Does 1-10, Sued Individually and in Their Official Capacities, Defendants |
| Court | U.S. District Court — District of New Jersey |
Nicholas John DuBois, Kim, Cho & Lim, LLC, Palisades Park, NJ, for Plaintiff.
Steven K. Parness, Methfessel & Werbel, Edison, NJ, for Defendants Chief Edward LaBruno, Chief Kieth Licata, Sergeant Matthew Fortunato, Sergeant Christopher Coupe, C.M.C.A. Aida Cahill, Thomas J. Mahoney, Borough of Mount Arlington, Municipal Court of Mount Arlington/Wharton Boroughs, Thomas B. Foley, Joseph Lang.
Plaintiff Tiffany Chey asserts numerous constitutional and statutory claims against the Borough of Mount Arlington, New Jersey ("Mount Arlington"); several employees of the Mount Arlington Police Department ("MAPD"), including Chief Edward LaBruno, former Chief Keith Licata, Sergeant Matthew Fortunato, Sergeant Christopher Coupe (collectively, the "MAPD Defendants)"; the Municipal Arlington Municipal Court ("MAMC"); Aida Cahill, Thomas Mahoney, Scott Hutchins, Thomas Foley, Joseph Lang; and the Mount Arlington Construction Department ("MACD"). The claims are asserted under both federal and New Jersey state law.1
Now before the Court is Defendants’ motion (DE 26) to dismiss the Second Amended Complaint for failure to state a claim. See Fed. R. Civ. P. 12(b)(6). For the reasons stated herein, I will GRANT Defendants’ motion to dismiss.
The events giving rise to the instant action began in 2008, while Chey was employed by nonparty H.W. Farren, Inc. ("Farren"), which the 2AC characterizes as a "rigging company and government subcontractor." (2AC at ¶ 28.) While Chey was employed by Farren, she worked closely with nonparty Phillip J. Antonucci, Farren's "chief executive." (Id. ¶ 30.) Mr. Antonucci, who is married to nonparty Laura Antonucci, began a relationship with Chey and they "later became engaged." (Id. at ¶ 31.) Mr. Antonucci assisted Chey in acquiring her present residence in Mount Arlington. (Id. ¶ 32.)
In the Spring of 2011, Mrs. Antonucci discovered that her husband was engaged to Chey and allegedly texted Chey a "death threat." (Id. ¶ 34.) Chey broke off her engagement with Mr. Antonucci in March 2012. (Id. ¶ 35.) The 2AC claims that Chey feared a "violent response" from the Antonucci, especially in light of the alleged "death threat" that Mrs. Antonucci had earlier texted Chey. (Id. ) After Chey ended her relationship with Mr. Antonucci, she was "constructively discharged" from her employment with Farren and "blackball[ed]" from further employment in the "aircraft or logistics fields[.]" (Id. ¶ 36.)
Following Chey's "discharge" from Farren, she began working "in field sales for a local water softener company." (Id. ¶ 37.) On July 17, 2014, while working, Chey ran into Mrs. Antonucci. (Id. ¶ 37.) After that encounter, Chey purportedly "began to observe [that] she was being tailed and surveilled," including by a vehicle she had previously seen at the Antonucci residence. (Id. ¶ 38.) Chey also claims that she was followed by different vehicles, which often parked outside her home. (Id. ¶¶ 38-40.) Chey reported these alleged incidents to numerous law enforcement agencies, including the New Jersey State Police and MAPD. (Id. ¶ 42.) The 2AC asserts that MAPD "did not take [her] reports seriously" and "discouraged" Chey from identifying Mr. and/or Mrs. Antonucci in her complaints, "despite the strong, circumstantial evidence" of their involvement. (Id. ¶¶ 43-45.)
The alleged incidents culminated on November 25, 2014, when Chey "was attacked in her home ... with a blunt instrument on [her] head and face," and "left for dead unconscious." (Id. ¶¶ 47-38.) Several days later, Chey reported the attack to MAPD, with Defendant Sergeant Fortunato taking numerous photographs of her injuries. (Id. 53-54.) These photographs, however, "have since disappeared," and MAPD has since denied that Chey ever "provided any contemporaneous evidence when she first reported the attack in 2015." (Id. ¶¶ 54-55.) According to Chey, MAPD's alleged failure to fully investigate the "attack" rendered the case "unsolvable" and resulted in MAPD "cover[ing] up its egregious failure" by: (1) "reporting the attack as ‘unfounded’ " and (2) defaming and dismissing Chey as "paranoid." (Id. ¶¶ 62.)
By 2019, Chey began to recall more details of the "attack"; as her memory returned, she also became "more aware of escalating surveillance and intrusions." (Id. ¶¶ 64 et seq. ) Subsequently, Chey reported more alleged incidents to MAPD, including: (1) her security systems being hacked; (2) her identity being stolen; (3) her passwords changed; (4) her internet and television cable being "swapped out"; (5) the streetlamp in front of her home being "shot out"; (6) an "electrical discharge" in her water supply; (7) a window air conditioning unit being "disabled by heavy objects"; (8) several holes being drilled in Chey's home; and (9) a retaining wall collapse which damaged Chey's automobile. (Id. ¶¶ 65-78.) MAPD purportedly took no action on Chey's complaints and routinely failed "to document the incidents accurately." (Id. ¶¶ 80-81.) Chey later obtained MAPD reports and claims that many of these reports described her "as ‘paranoid’ or suffering ‘paranoia.’ " (Id. ¶ 83.)
The 2AC also alleges that on December 14, 2019, Chey reported "an intruder in the side yard" of her home to MAPD. (Id. ¶ 84.) In response, nonparty Detective Ryan Caparoni arrived at Chey's home "with a paramedic crew and ambulance, stating in front of the paramedics that [Chey] is delusional, paranoid, [and] mentally ill ... and in need of transportation for hospitalization." (Id. ¶ 85.) Chey, however, claims that she is "not, in fact, delusional, paranoid, or otherwise mentally impaired"; according to Chey, these statements by MAPD amount to "defamation per se " and were made to "justify [MAPD's] failure to ... investigate[ ] a violent felony and probably conspiracy ... against" her. (Id. ¶¶ 84-90.) Chey asserts that Mount Arlington and MAPD "have failed to hire and train properly officer in their duty to investigate reports of serious felonies" and have failed to "enact, enforce, and implement policies and procedures that would have either prevented the attack" on Chey or led to evidence that could have "brought the perpetrator(s) to justice." (Id. ¶¶ 92, 94.)
Because of these incidents, Chey has expressed "a legitimate desire and need for ... a firearm for protection" and has applied for a New Jersey Firearms Purchaser Identification Card ("FPIC"), pursuant to N.J. Stat. Ann. § 2C:58-3(b). (Id. ¶ 114.) The 2AC alleges that a decision on Chey's FPIC application was inexplicably delayed by six-months. (Id. ¶ 116.) Thereafter, according to Chey, Chief LaBruno denied her application "without a word of explanation," on the pretextual justification that granting her an FPIC "would be incompatible with ‘Public Health, Safety, and Welfare’." (Id. ¶¶ 116-117, 120.)
On the other hand, the 2AC states that Mr. Antonucci once gave Chey "a vintage Colt revolver" on her birthday, which she kept in her home "for almost a decade." (Id. ¶ 31.) On November 4, 2019, Chey alleges that nonparty Sergeant Matthew Green induced her to surrender the revolver for "safekeeping," after Green responded to Chey's report of "increased surveillance." (Id. ¶ 121.) Despite an assurance from then Chief Licata, on January 20, 2020, that she could retrieve the revolver "at any time," Chey alleges that her requests for the revolver's return have been ignored. (Id. ¶ 122.)
Finally, the 2AC alleges that on November 8, 2019, at around 2 am, Defendant Sergeant Coupe and another MAPD patrol officer arrived at Chey's home in response to a triggered intruder alarm. (Id. ¶ 125.)
Chey claims that while "inspecting the lower" level of her home, Coupe unsecured "two deadbolts on French doors." (Id. ¶ 126.) The 2AC also asserts that Coupe told Chey "that her French doors were in a blind spot of her" security system"; Chey believes this demonstrates that Coupe "had been surveilling" her home for weaknesses "in its security systems." (Id. ¶ 129.)
Chey filed the initial complaint (DE 1) on December 12, 2020 and the First Amended Complaint (DE 3) on March 31, 2021. The currently operative 2AC (DE 25) was filed on November 9, 2021.2 The 2AC appears to be bringing the following claims:
(See 2AC at ¶¶ 109-281.)
In addition to damages and costs, Count 8 of the 2AC seeks preliminary and permanent injunctive relief against "All Defendants." (Id. ¶¶ 249-258.)
On November 18, 2021, Defendants filed this motion to dismiss the 2AC in its entirety. (DE 26.) Chey filed a letter-brief in opposition to Defendants’ motion and in...
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