Dawson v. Ocean Twp.

• Decision Date: 14 March 2011
• Docket Number: Civil Action No.: 09-6274 (JAP)
• Parties: RODNEY DAWSON, Plaintiff, v. OCEAN TOWNSHIP, et al., Defendants.
• Court: U.S. District Court — District of New Jersey

RODNEY DAWSON, Plaintiff,

v.OCEAN TOWNSHIP, et al., Defendants.

Civil Action No.: 09-6274 (JAP)

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

DATED: March 14, 2011

NOT FOR PUBLICATION

MEMORANDUM OPINION AND ORDER

ARPERT, U.S.M.J

I. INTRODUCTION

This matter having come before the Court on a Motion by Plaintiff Rodney Dawson ("Plaintiff") to compel certain discovery including, among other things, personnel and internal affairs files [dkt. entry. no. 20] and, separately, on a Motion by Defendants Ocean Township ("Township"), Antonio Amodio, Jr. ("Amodio"), Patrolman Ryan Vaccaro ("Vaccaro"), and Sergeant Gregory Tongring ("Tongring") (collectively, "Defendants") to compel certain discovery from Plaintiff including, but not limited to, answers to interrogatories and responses to requests for productions [dkt. entry no. 21], both returnable February 22, 2011. Defendants filed opposition on February 7, 2011. Plaintiff filed opposition on February 14, 2011. Defendants filed a reply on February 17, 2011. For the reasons stated herein, Plaintiff's Motion is granted in part and denied in part and Defendants' Motion is granted in part and denied in part.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On or about August 5, 2008, Plaintiff "was driving...a large truck within the scope of his employment as an independent carrier and owner of RB Dawson Transport to deliver materials to Hillel Yeshiva, a school in Ocean Township". See Pl.'s Comp., dkt. entry no. 1 at 2. While thetruck was being unloaded, Plaintiff "noticed a missed call on his cellular phone and retrieved messages from his voicemail", one of which was "from an Ocean Township police officer informing Plaintiff that [he] had some property of his", including a license plate and advised Plaintiff "to call the police station". Id. at 2-3. Plaintiff alleges that he "called the Ocean Township Police Department police officer" and was informed "his...truck...caused damage to a stop sign in the area and advised Plaintiff to wait for a patrol unit to be sent to his location". Id. at 3. While waiting for the police to arrive, Plaintiff "examined his vehicle", "found no damage", and noticed that "his license plate was still secured to his vehicle". Id. Upon calling the Ocean Township Police Department a second time, Plaintiff was "instructed...to find a way to get to the police station". Id. Plaintiff alleges that he "retrieved his credentials from his truck", was "given a ride from a Yeshiva member", and was "met by Vaccaro" when he arrived at the Ocean Township police station. Id. Thereafter, Plaintiff alleges that Vaccaro told him "that he would take a look at [Plaintiff's] truck and inspect it for damage". Id. Plaintiff told Vaccaro "that his truck was at...Yeshiva being unloaded" whereupon Vaccaro "asked Plaintiff for his credentials". Id. Plaintiff then asked "if [Vaccaro] was going to inspect [his] truck for damage prior to issuing any summonses" and, in turn, Vaccaro "refused to inspect Plaintiff's truck" and "threatened to arrest Plaintiff" after asking for Plaintiff's credentials again. Id.

Plaintiff alleges that after asking "Vaccaro how the police had gotten his cell phone number", "where his alleged license plate was being kept", "why [Vaccaro] was going to arrest him", and requesting that "Vaccaro conduct an investigation into the incident", Vaccaro "pushed Plaintiff against a wall". Id. at 3-4. Subsequently, Plaintiff alleges, he "was...assaulted by Vaccaro, Tongring, and/or John Does 1-5". Id. at 4. Plaintiff maintains that his arms were yanked behind his back and that his shoulder was dislocated, "causing...excruciating pain". Id.Plaintiff further alleges that he "was forced to sit on the floor of the police station for an extended period of time with tightly applied handcuffs and a dislocated shoulder without any medical assistance". Id. Plaintiff was charged with "Obstructing the Administration of Law, N.J.S.A. 2C:29-1a, Careless Driving, N.J.S.A. 39:4-97, Failure to Report a Motor Vehicle Collision, N.J.S.A. 39:4-129, and Leaving the Scene of a Motor Vehicle Accident, N.J.S.A. 39:4-130". Id. Plaintiff states that he "was acquitted of all motor vehicle violations" on January 6, 2009 and that he was "acquitted of Obstructing the Administration of Law" on May 15, 2009. Id.

Thereafter, Plaintiff filed a Complaint alleging violations of 42 U.S.C. § 1983 including "excessive force" (Id. at 4-5), "false arrest/imprisonment" (Id. at 5-6), "supervisory liability" (Id. at 6-7), "abuse of process" (Id. at 7-8), "malicious prosecution" (Id. at 8-9), "failure to intervene" (Id. at 9-10), "unlawful policy, custom, practice/inadequate training" with respect to "(1) unlawfully and maliciously assaulting, arresting and harassing citizens, (2) intentionally, recklessly and/or negligently misrepresenting the facts of arrests and/or other police-citizen encounters, (3) falsifying police and/or other official records, (4) withholding and/or mishandling evidence, (5) making false arrests, and/or (6) using unreasonable and excessive force" (Id. at 1012), and, separately, state law violations including "abuse of process" (Id. at 14-15), "malicious prosecution" (Id. at 15-16), "assault and battery" (Id. at 16-17), "false arrest/imprisonment" (Id. at 17-18), and deprivation of substantive due process under N.J.S.A. 10:6-1, et seq. (Id. at 18-19).

Due to ongoing discovery disputes between the parties, the Court ordered that any motions to compel discovery be filed by January 10, 2011. [dkt. entry no. 19] Plaintiff's Motion is based on Plaintiff's contention that Defendants should be compelled to provide "internal affairs documentation...with respect to...[Vaccaro and Tongring and for any other] officer employed by the Township of Ocean who may have had an internal affairs complaint filedagainst him" with respect to excessive force, false arrest, malicious prosecution, or demeanor complaints which indicate violent propensities and/or untruthfulness during the five (5) years preceding the alleged incident as well as "personnel files" of Vaccaro and Tongring. See Pl.'s Br. at 2-3; see also Pl.'s Proposed Form of Order, dkt. entry no. 20-3. Plaintiff also seeks an award of counsel fees and costs. See Pl.'s Proposed Form of Order, dkt. entry no. 20-3. Separately, Defendants' Motion is based on Defendants' contention that Plaintiff should be compelled to provide:

-fully responsive answers to Tongring's interrogatories 1-14, 18, 19, and 20;

-fully responsive answers to Amodio's interrogatories 1, 2, and 3;

-the Owner's Manual for the truck which Plaintiff operated on August 5, 2008;

-any and all tax returns filed by Plaintiff individually for tax years 2004 through the present;

-any and all tax returns filed by R.B. Dawson Transport, Inc. for tax years 2004 through the present;

-all other documents which support Plaintiff's claim for lost wages;

-documents supporting Plaintiff's claim for lost economic opportunity; and

-photographs of Plaintiff's trailer and tractor taken on August 5, 2008 which were marked as D-4 in evidence at [Plaintiff's] Municipal Court trial.

See Def.'s Proposed Form of Order, dkt. entry no. 21-5. The Court notes that Defendants have withdrawn their request to compel production of the Owner's Manual for the truck and trailer which Plaintiff operated on the date of the alleged incident. See Def.'s Reply Br., dkt. entry no. 24 at 1. The Court also notes that fact discovery ended on December 31, 2010. [dkt. entry no.16]

A. Plaintiff's Arguments in Support of his Motion to Compel

1. The discovery sought is basic to a claim brought under 42 U.S.C. § 1983.

Citing Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978), Beers-Capitol v. Whetzel, 256 F.3d 120 (3d Cir. 2001), Simmons v. City of Philadelphia, 957 F.2d 1042 (3d Cir. 1991), Taylor v. Plousis, 101 F. Supp. 2d 255 (D.N.J. 2000), Vega v. Merlino, 2005 WL 1541061 (D.N.J. 2005), and Suarez v. Camden County Bd. of Chosen Freeholders, 972 F. Supp. 269 (D.N.J. 1997), Plaintiff states that a Complaint "brought under Title 42 U.S.C. § 1983 against individuals or governmental entities for a violation of a constitutional right...must allege the specific constitutional right alleged to be violated and that the deprivation was committed by those acting under color of law, as well as minimal facts which, if proven, would be sufficient to hold Defendants liable for the deprivation". See Pl.'s Br. at 3. Plaintiff maintains that his Complaint "meets these criteria" and notes that he "seeks to hold...Defendants directly responsible" for his injury. Id. at 3-4.

Citing City of Oklahoma v. Tuttle, 471 U.S. 808 (1985), Monell, A.M. v. Luzerne County Juvenile Detention Center, 372 F.3d 572 (3d Cir. 2004), Natale v. Camden County Correctional Facility, 318 F.3d 575 (3d Cir. 2003), Bielevicz v. Dubinon, 915 F.2d 845 (3d Cir. 1990), Beck v. City of Pittsburgh, 89 F.3d 966 (3d Cir. 1996), and Andrews v. Camden County, 95 F. Supp. 2d 271 (D.N.J. 2000), Plaintiff acknowledges that "liability may not be predicated upon respondeat superior but must be founded upon evidence that the [municipality] itself supported a violation of constitutional rights" and that he "must show that constitutional deprivation resulted from an official custom or policy, or from the direct actions of an official with authority to establish government policy". Id. at 4. Citing Natale, Bielevicz, Boston v. New Brunswick Police Department, 2005 WL 1661582 (D.N.J. 2005), Simmons, and Bd. of County Comm'rs of BryanCounty v. Brown, 520 U.S. 397, 404 (1997), Plaintiff maintains that "policy is shown where the official with decision-making authority actually establishes a policy" and that "custom can be shown by proving that an informal course of conduct or practice, although not specifically endorsed or authorized by law, is so well settled as to have the force of law". Id. Citing Beck, Parrish v. Luckie, 963 F.2d 201 (8th Cir. 1992), Natale, ...