Davis v. Winslow Township, Civil No. 00-5280 (JBS) (D. N.J. 12/6/2002)
| Decision Date | 06 December 2002 |
| Docket Number | Civil No. 00-5280 (JBS) |
| Parties | DOROTHY DAVIS, Plaintiff, v. WINSLOW TOWNSHIP, CHIEF ANTHONY BELLO, POLICE OFFICER KEVIN RICHARDS, POLICE OFFICER SCOTT URBAN, and JOHN DOE, WHOSE IDENTITY IS UNKNOWN, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITY, Defendants. |
| Court | U.S. District Court — District of New Jersey |
Troy A. Archie, Esquire, Lewis P. Hannah, Esquire, King Archie & King, Camden, New Jersey, Attorneys for Plaintiff Dorothy Davis.
Kristin J. Telsey, Esquire, John H. Adler, Esquire, Earp Cohn, P.C., Westmont, New Jersey, Attorneys for Defendants Winslow Township, Chief Anthony Bello, Officers Kevin Richards and Scott Urban.
Plaintiff Dorothy Davis brings this federal civil rights action against defendants Winslow Township, Chief Anthony Bello, Police Officer Kevin Richards, and Police Officer Scott Urban, individually and in their official capacity for actions arising from an October 28, 1998 incident. At that time, Winslow Township officers Kevin Richards and Scott Urban were responding to an incident at the Regency House Apartments in Sicklerville, New Jersey, during which time plaintiff allegedly interfered with their investigation. Plaintiff brings claims under 42 U.S.C. § 1983 and state tort law for injuries arising out of Officers Richards and Urban's arrest of plaintiff, during which defendants allegedly violated her civil rights. This matter comes before the Court upon defendants' motion for summary judgment of plaintiff's claims against defendants Winslow Township and Chief Anthony Bello, and her state law tort claims against Winslow Township, Chief Anthony Bello, and the individual police officers Kevin Richards and Scott Urban. For the reasons discussed herein, defendants' motion for summary judgment will be granted as to plaintiff's § 1983 claim against defendants Winslow Township and Chief Anthony Bello, denied as to the state law tort claims against Winslow Township, Chief Bello, and the individual officers, and granted with respect to plaintiff's claim for pain and suffering damages under the New Jersey Tort Claims Act.
On or about October 28, 1998, at approximately 11:45 a.m., defendant police officers Kevin Richards and Scott Urban were conducting an investigation regarding reports of boys urinating in the parking lot of Regency House Apartments in Sicklerville, New Jersey, where plaintiff resided. (Compl. ¶¶ 9-10.) Plaintiff asserts that, from her 4th floor balcony, she observed defendants Richards and Urban harassing two minors whom she knew, and informed defendants that she would contact the boys' parents if they were going to be arrested. (Compl. ¶¶ 10, 12-13.) Plaintiff alleges that defendant Richards shouted to her that "she should mind her business and take her black ass inside, back into her apartment." (Id. ¶ 13.) Defendants and plaintiff then engaged in a brief verbal conversation in which "defendants again used several racial slurs to refer to plaintiff and plaintiff referred back to defendants using vulgar language." (Id. ¶ 15.) Plaintiff's nephew at one point went downstairs because he apparently knew the two boys, but returned upstairs shortly thereafter. (Davis Depo., Pl.'s Ex. A, at 138.)
Plaintiff alleges that she returned to her apartment, and after approximately 5 to 10 minutes, she heard her door open. (Id. ¶ 17.) Plaintiff alleges that she "went to her door and defendant Richards was standing in the doorway." (Id.) Plaintiff alleges that after shouting to defendant Richards not to come in because she was not dressed, Richards "thereafter kicked the door fully open and stated "I will do as I fucking please, you big mouth black bitch, you are under arrest." (Id. ¶ 19.) Plaintiff alleges that defendant Richards came towards her and punched her in the left side of her head, that she fell to the floor, and that defendant Urban grabbed plaintiff by the neck in a choke hold position. (Id. ¶¶ 20-21.) As defendants sought to handcuff plaintiff, plaintiff alleges that defendant Richards stated, "[Y]ou niggers always have to make my job hard," and that defendant Urban sprayed plaintiff with mace. (Id. ¶ 23.) Thereafter, defendants allegedly grabbed plaintiff and pushed her down the hallway, exposing plaintiff's breast and front part of her body. (Id. ¶ 25.) Plaintiff alleges that when she requested her bathrobe be closed, defendant Richards touched her breast and stated, "[Y]ou ugly nigger, who would want to look at you." (Id. ¶ 26.) Defendant Urban sprayed mace (oleoresin capsicum spray) into plaintiff's to subdue her during the struggle. (Defs.' Statement of Material Facts, ¶ 27.) Plaintiff alleges that defendant Richards continued to make offensive racial comments to plaintiff as he and Urban transported plaintiff to the police station. (Compl. ¶¶ 27-28.) According to the police report, defendants were attempting to arrest plaintiff for disorderly conduct and interfering with a police investigation, and ultimately arrested plaintiff for aggravated assault of a law enforcement officer under N.J.S.A. 2C:12-1b5a, resisting arrest under N.J.S.A. 2C:29-2a1, disorderly conduct under N.J.S.A. 2C:33-2b, and obstruction of administration of law under N.J.S.A. 2C:29-1a. (Winslow Township Police Reports, 10/28/98, Adler Cert., Ex. 19, 20.)
Upon her release from police custody, plaintiff was treated at West Jersey Hospital. (West Jersey Hospital Records, 10/28/98, Adler Cert., Ex. 49.) Plaintiff alleges that she sustained permanent and serious injuries from defendant officers' alleged excessive force, including acute cervical sprain and strain, contusion of the left chest wall and clavicular region, and multiple contusions. (Pl.'s Statement of Material Facts, ¶ 16.) Plaintiff also alleges that she suffers from psychological disorders and has been diagnosed with Adjustment Disorder with Anxious Mood 309.24. (Id.; Medical Records, Pl.'s Br. Ex. G.)
On April 6, 2000, in Berlin Township Municipal Court, plaintiff pled guilty to Winslow Township Municipal Ordinance 196-22, the essence of which, as stated by plaintiff's attorney at the hearing, is "disorderly [conduct] and interfering with police officers." (Tr. 4/6/00, at 4-5, Adler Cert., Ex. 18.) In the plea colloquy, plaintiff stated that she used profanity and started cursing at the October 28, 1998 incident. (Id. at 6.)
Plaintiff filed her complaint in this Court on October 26, 2000. (Id.) Plaintiff alleges claims of § 1983 (Count I); Unreasonable Search and Seizure (Count II); Equal Protection (Count III); Training and Supervision (Count IV); Negligence (Count V); Assault (Count VI); Intentional Infliction of Emotional Distress (Count VII); False Imprisonment (Count VIII); False Arrest (Count IX); and Malicious Prosecution (Count X). (Compl. ¶¶ 33-66.) Plaintiff seeks relief in the form of compensatory damages, emotional damages, pain and suffering, punitive damages, attorneys' fees and costs, and any other relief that the Court deems just. (Id. at 9.) Defendants filed their motion for summary judgment on September 23, 2002, asserting that defendants Winslow Township and Chief Anthony Bello cannot be held municipally liable for any alleged § 1983 civil rights violations, and that plaintiff's state law tort claims against the defendants are barred under the New Jersey Tort Claims Act ("NJTCA"). This Court held oral argument on November 26, 2002.
Defendants move for summary judgment pursuant to Rule 56(a), Fed. R. Civ. P. Rule 56(a) provides:
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time afer the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof.
Fed. R. Civ. P. 56(a). A court may grant summary judgment when the materials of record "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c); see Lang v. New York Life Ins. Co., 721 F.2d 118, 119 (3d Cir. 1983). A dispute is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the non-moving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
In deciding whether there is a disputed issue of material fact, the court must view the evidence in favor of the non-moving party by extending any reasonable favorable inference to that party. See Aman v. Cort Furniture Rental Corp., 85 F.3d 1074, 1080-81 (3d Cir. 1996). Once the moving party has carried its initial burden of establishing the absence of a genuine issue of material fact, the non-moving party must do more than rely only "upon bare assertions, conclusory allegations or suspicions." Gans v. Mundy, 762 F.2d 338, 341 (3d Cir. 1985), cert. denied, 474 U.S. 1010 (1985) (citation omitted). If the non-movant's evidence is merely "colorable" or is "not significantly probative," the court may grant summary judgment. Liberty Lobby, 477 U.S. at 249-50.
Defendants argue that plaintiff's § 1983 claim against defendants Winslow Township and Chief Anthony Bello must be dismissed because they cannot be held vicariously liable for the alleged civil rights violations of their employees. Defendants additionally argue that the common law tort claims against the defendant municipality, police chief, and police officers must be dismissed because these defendants are entitled to good faith immunity under the NJTCA, and furthermore, plaintiff has not suffered injuries sufficient to withstand the threshold required by N.J.S.A. 59:9-2(d) for pain and suffering damages.
Defendants assert that Winslow Township and Chief Bello...
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