Cruz v. City of Camden

• Decision Date: 04 August 1995
• Docket Number: Civ. No. 93-3567.
• Parties: Juan Anthony CRUZ, Plaintiff, v. CITY OF CAMDEN, City of Camden Police Department; County of Camden; William Simon, Sheriff of Camden County; John Doe 2, Warden of Camden County Jail (f/n); John Does 5 Through 10, Camden County Jail Corrections Officers (f/n); John Does 11 Through 15, Camden City Police Officers (f/n), Defendants.
• Court: U.S. District Court — District of New Jersey

898 F. Supp. 1100

Juan Anthony CRUZ, Plaintiff, v. CITY OF CAMDEN, City of Camden Police Department; County of Camden; William Simon, Sheriff of Camden County; John Doe 2, Warden of Camden County Jail (f/n); John Does 5 Through 10, Camden County Jail Corrections Officers (f/n); John Does 11 Through 15, Camden City Police Officers (f/n), Defendants.

Civ. No. 93-3567.

United States District Court, D. New Jersey.

August 4, 1995.

COPYRIGHT MATERIAL OMITTED

Lorraine Anna Dicintio, Ballen and Gertel, Camden, NJ, for Plaintiff, Juan Anthony Cruz.

Juan J. Gonzalez, Emil J. Nell, IV, Office of City Attorney, Camden, NJ, for City of Camden and City of Camden Police Dept.

Howard S. Wilson, Office of the Camden County Sheriff, Camden, NJ, for Defendants, County of Camden; William Simon, Sheriff of Camden County; and Warden of Camden County Jail.

ROSEN, United States Magistrate Judge.

Presently before the court is the motion of Lorraine A. DiCintio, Esquire, attorney for the plaintiff, Juan Anthony Cruz, for leave pursuant to Fed.R.Civ.P. 15 to amend the complaint to add new causes of action against "John Doe" defendants and against newly named defendants. After careful consideration of the party's submissions, and after further consideration of the oral argument conducted on the record on June 30, 1995, and for the reasons noted below, the plaintiff's motion shall be granted in part and denied in part.

FACTS AND PROCEDURAL HISTORY

This is a civil rights action filed by the plaintiff, Juan Anthony Cruz, against the City of Camden, County of Camden, Camden County Sheriff's Department, City of Camden Police Department, and numerous John Does. It is alleged that the plaintiff's civil rights were violated when the defendants subjected him to wrongful arrest and incarceration.

On or about March 8, 1992, a Port Authority Transit Corporation (hereinafter "PATCO") police officer stopped the plaintiff for sitting on a turnstile at the Collingswood, New Jersey station of the PATCO High Speed Line. The PATCO officer requested the plaintiff's identification, wrote down the plaintiff's name and warned him not to sit on the turnstiles again. However, the officer did not detain the plaintiff at this time.

As the plaintiff was about to board a train, he was stopped again by a PATCO police officer who claimed that the plaintiff was George Lopez and that there was an outstanding warrant from the City of Camden for his arrest. Despite plaintiff's protests that the warrant was actually for his younger brother, George Lopez, he was arrested by the PATCO officers and taken to the Camden County Correctional Facility (hereinafter "Facility").

Upon arriving at the Facility, the arresting PATCO officer notified a corrections officer of the plaintiff's misidentification claim. Despite his protestations, the plaintiff was processed at the Facility. While detained, he claims that the correction officers subjected him to an unlawful strip and body cavity search. He contends that each day during his incarceration he wrote to the Warden and routinely spoke to corrections officers advising them that there was a misidentification.¹

While incarcerated, the plaintiff allegedly slipped and fell on a shower floor and injured his finger. The plaintiff asserts that he reported the injury to a corrections officer and followed up this complaint with a note to the Warden. He claims that he received no medical treatment for his injury during his incarceration.

Plaintiff also contends that while incarcerated, he witnessed violent attacks by other prisoners. He alleges that the corrections officers delayed trying to stop the acts of violence and, as a result, plaintiff claims that he feared for his life. On the fifth day of his incarceration, he was released.

On August 5, 1993 the plaintiff, through his attorney Lorraine DiCintio, Esquire, filed the original action alleging that the defendants violated his constitutional rights pursuant to 42 U.S.C. § 1983. He asserts that the defendants failed to take adequate and timely steps to ascertain his true identity and as a result he was wrongfully arrested and incarcerated. Additionally, the plaintiff alleges that he was denied adequate medical treatment while in jail.

The following defendants were named in the original complaint:² (1) City of Camden; (2) County of Camden; (3) William Simon, Sheriff of Camden County; (4) Port Authority Transit Corporation (PATCO); (5) City of Camden Police Department; (6) John Doe 1, Jail Administrator of Camden County; (7) John Doe 2, Warden of Camden County; (8) John Does 3 and 4, PATCO Police Officers; (9) John Does 5-10, Camden County Jail Corrections Officers; (10) John Does 11-15, Camden City Police Officers; and (11) John Does 16-25 Camden County Freeholders.

On December 23, 1994, the plaintiff filed a motion to amend the complaint. On January 20, 1995, I denied the plaintiff's motion as untimely since the trial was set to commence on February 14, 1995 before Judge Brotman, United States District Judge. However, Judge Brotman adjourned the trial date. In fairness to the plaintiff, I permitted him to re-file his motion so that the court could examine the merits of the motion rather than denying the application on procedural grounds.

Accordingly, the plaintiff filed the instant motion on April 11, 1995. The plaintiff alleges that two key depositions were taken in March 1994. He contends that relevant information was discovered from these depositions that implicated new defendants and raised different causes of action.

Plaintiff now seeks to amend the complaint to add the following new defendants whose wrongdoing allegedly were not discovered until the commencement of the depositions in March 1994: (1) Daniel John McHugh, Sheriff's Officer, Camden County Sheriff's Department; (2) Fulton Sampona, Sheriff's Officer, Camden County Sheriff's Department; and (3) Edward V. Michalak, Jr., Undersheriff, Camden County Sheriff's Department.

In his original Complaint the plaintiff named six John Doe defendants, John Does 5-10, Camden County Jail Corrections Officers, and described them as employees of the County of Camden and the Camden County Jail "who were responsible for the safekeeping and supervision of the prisoners and detainees, including the plaintiff." (Compl. at ¶ 12). The plaintiff also named as a defendant, John Doe 2, Warden Camden County. The plaintiff now seeks to amend the complaint to name with specificity these defendants. They are: (1) William C. Strang, Warden, Camden County Correctional Facility; (2) Captain Joseph Petruzzi, Supervisor of Admissions, Camden County Correctional Facility; (3) Durwin Pearson, Corrections Officer, Camden County Correctional Facility; (4) Brian Belcher, Corrections Officer, Camden County Facility; (5) Craig Vines, Corrections Officer, Camden County Correctional Facility; (6) John R. Zindel, Sergeant in Admissions, Camden County Correctional Facility.

With respect to the "John Does" mentioned above, the plaintiff specifically seeks to name Pearson and Belcher as the officers who allegedly performed a strip search of the plaintiff. (Pl.'s Ex. J, ¶ 28, ¶ 29). Plaintiff also seeks to add Zindel, Petruzzi and Vines as defendants for their alleged respective roles in the misidentification and strip search. Zindel, as Sergeant in the admissions section of the Facility was responsible for training and supervising the corrections officers assigned to Admissions. Petruzzi, as Supervisor of Admissions was allegedly responsible for ensuring that proper procedures were followed for claims of misidentification. Vines as officer on duty in the Admissions booth was allegedly told of the misidentification claim but took no action.

Plaintiff also seeks to specifically name "John Doe" defendants who were described in the original complaint as John Does 11-15, Camden City Police Officers. He seeks to name these defendants as Coley Barbee and Walter Arthur.³ Both Arthur and Barbee are Detectives of the Camden Police Department. Defendant Arthur was responsible for the original arrest of George Lopez, the plaintiff's brother. Defendant Barbee was the detective assigned to the investigation. Plaintiff alleges that Barbee and Arthur immediately learned through a computer check that Lopez was using an alias and failed to process Lopez on a juvenile complaint and correct his date of birth on the new arrest records. Plaintiff alleges this led to an indictment and bench warrant in the name of Juan A. Cruz.

Plaintiff also seeks to amend the complaint to add alternative theories of liability. He claims false imprisonment against: (1) McHugh; (2) Sampona; (3) Pearson; (4) Belcher; (5) Vines; (6) Zindel; (7) Simon; (8) Strang; (9) and Petruzzi. He asserts a claim of negligence against: (1) McHugh; (2) Sampona; (3) Barbee; (4) Arthur; (5) Michalak; (6) Strang; (7) Simon; (8) Vines; (9) Zindel; (10) Petruzzi; (11) Pearson; and (12) Belcher. He also asserts a claim of assault and battery against: (1) Pearson and (2) Belcher. Lastly, plaintiff asserts a claim of intentional infliction of emotional distress against: (1) Pearson and (2) Belcher.

In opposition, the defendants argue that the plaintiff's motion should be denied. They assert that the amendment is untimely, prejudicial and fails to give sufficient notice of the action. Further, the defendants contend that all causes of action the plaintiff seeks to amend are barred by the statute of limitations, and fail to comply with Fed.R.Civ.P. 15(c).

My discussion will analyze every defendant and each separate cause of action the plaintiff seeks to add. First my analysis will set forth the relevant law relating to amending the complaint.

DISCUSSION

Application Under Fed.R.Civ.P. 15(c)

The Federal Rules of Civil Procedure encourage and provide for a liberal policy for amending pleadings. Under Fed.R.Civ.P. 15(a), leave to amend pleadings shall be freely given when justice so requires. In Foman v. Davis...