Estate of Soberal v. City of Jersey City, Civil Action No. 04-2788 (JAP).
| Decision Date | 27 December 2007 |
| Docket Number | Civil Action No. 04-2788 (JAP). |
| Citation | 529 F.Supp.2d 477 |
| Parties | ESTATE OF Omayra SOBERAL, Deceased; Rafael Soberal, Individually and as Administrator Ad Prosequendum of the. Estate of Omayra Soberal; Plaintiffs, v. CITY OF JERSEY CITY; Jersey City Police Department; James Carter, Police Director; peter behrens, Chief of Police; Sergeant Fred Younger; Joseph Walsh, Police Officer; Larry Quish, Police Officer; Estate of Julio Reyes, Deceased; Hudson County Prosecutor's Office; Edward J. Defazio, Hudson County Prosecutor; John Does 1-30, Fictitious Names, Defendants. |
| Court | U.S. District Court — District of New Jersey |
v.
CITY OF JERSEY CITY; Jersey City Police Department; James Carter, Police Director; peter behrens, Chief of Police; Sergeant Fred Younger; Joseph Walsh, Police Officer; Larry Quish, Police Officer; Estate of Julio Reyes, Deceased; Hudson County Prosecutor's Office; Edward J. Defazio, Hudson County Prosecutor; John Does 1-30, Fictitious Names, Defendants.
Page 478
COPYRIGHT MATERIAL OMITTED
Page 479
COPYRIGHT MATERIAL OMITTED
Page 480
COPYRIGHT MATERIAL OMITTED
Page 481
John Stuart Furlong, Furlong & Krasny, Esqs., West Trenton, NJ, for Plaintiffs.
Page 482
John C. Caulfield, Hope R. Black Corporation Counsel, Jersey City, NJ, for Defendants.
PISANO, District Judge.
On March 3, 2003, Omayra Soberal ("Soberg') was shot and killed by Julio Reyes ("Reyes"), a Jersey City police officer: Plaintiffs, the Estate, of Omayra Soberal, Rafael Soberal, Giovanni Alberto Germosen, and William Gonzalez (collectively, "Plaintiffs") bring this action pursuant to 42 U.S.C. § 1983 against Defendants, City of Jersey City ("Jersey City"), Jersey City Police Department ("Jersey City PD"), Police Director James. Carter ("Director Carter"), Chief of Police Peter Behrens ("Chief Behrens"), Lieutenant James Blake ("Lt.Blake"), Lieutenant Pat Nalbach ("Lt.Nalbach"), Inspector Paul Wolleon ("Insp.Wolleon"), Sergeant Fred Younger ("Sgt.Younger"), and Officer John Bacigalupo ("Officer Bacigalupo") (collectively, "Defendants"). The Defendants filed motions for summary judgment pursuant to Fed.R.Civ.P. Rule 56. Plaintiffs oppose the Defendants' motions.
The Court has jurisdiction pursuant to 28 U.S.C. §§ 131 and 1391(b). Having considered all arguments presented, the Court grants summary judgment as to Defendants, Jersey City, Jersey City PD, Director Behrens, and Chief Carter, but denies summary judgment as to Defendants, Lt. Nalbach, Insp. Wolleon, and Sgt. Younger.1
I. Procedural History
Counsel have created a protracted procedural saga by the dismissal of some parties, substitution of others, two amended complaints, and various voluntary dismissals of claims. Plaintiffs initially brought the instant lawsuit on June 14, 2004, alleging that the Defendants, in their individual and official capacities, deprived Soberal of her Fifth and Fourteenth Amendment substantive due process rights resulting from negligence (Count I), failure to train or supervise Reyes (Count II), and failure to train or supervise the Jersey City police officers (Count III) in violation of 42 U.S.C. § 1983; malice, willful, and wanton conduct in violation of 42 U.S.C. § 13981 (Count IV); homicide and assault (Count V); negligence (VI); and, loss of companionship (Count VII). Plaintiffs sought compensatory and punitive damages pursuant to 42 U.S.C. §§ 1983 and 13981, and sought attorneys' fees and costs pursuant to 42 U.S.C. § 1988.
On August 5, 2005, Plaintiffs filed an amended complaint naming additional Plaintiffs, William Gonzalez and Giovanni Alberto Germosen. Plaintiffs also added Defendants, Lt. Blake, Lt. Nalbach, Insp. Wolleon, Sergeant William Cullinane ("Sgt.Cullinane"), Detective Kevin Guy ("Det.Guy"), Officer Charles Levine ("Officer Levine"), Officer Bacigalupo, Officer Michael Gullace ("Officer Gullace"), Peter Stoma, Assistant Hudson County Prosecutor ("Stoma"), John Does 1-25, and Jane Does 1-5.
A second amended complaint was filed on November 21, 2005. Plaintiffs allege that the Defendants, in their individual and official capacities, deprived Soberal of her Fifth and Fourteenth Amendment substantive due process rights (Count I),
Page 483
failure to properly train and supervise Reyes (Count II), failure to properly train and supervise the Jersey City police officers (Count III), and negligence (Count IV) in violation of § 1983; facilitated Reyes' intentional homicide of Soberal (Count V); caused Soberal conscious pain and suffering (Count VI); and, contributed to Soberal's wrongful death (Count VII).2 Plaintiffs seek compensatory and punitive damages pursuant only to § 1983 and attorneys' fees and costs pursuant to 42 U.S.C. § 1988.
On November 30, 2005, Defendants, DeFazio, Stoma, and the HCPO filed a motion to dismiss for lack of jurisdiction. Plaintiffs opposed the motion.
On May 22, 2006, Plaintiffs dismissed various claims asserted in the second amended complaint. Count III as to Defendants, DeFazio and Stoma was dismissed. Plaintiffs also dismissed Defendants, DeFazio, Stoma, John Does 1-25, and Jane Does 1-5 acting as agents, employees, or servants of the HCPO, in their official capacity only.
On July 24, 2006, the Court granted Defendants, DeFazio, Stoma, and the HCPO's motion to dismiss for lack of jurisdiction and terminated those Defendants as parties from the action.
On December 26, 2006, the parties executed a consent order dismissing Defendants, Officer Joseph Walsh ("Officer Walsh"), Officer Larry Quish ("Officer Quish"), Det. Guy, Officer Levine, Sgt. Cullinane, and Officer Gullace.
The Defendants, Sgt. Younger, Lt. Nalbach, and Insp. Wolleon (collectively, "Defendant officers") filed the instant motion for summary judgment on March 29, 2007. The Defendants, Jersey City, Jersey City PD, Director Carter, and Chief Behrens (collectively, "Defendant municipality") filed their motion for summary judgment on March 30, 2007. In their opposition, Plaintiffs consented to the entry of summary judgment in favor of the Jersey City PD as to all counts, dismissed the claims against Director Behrens and Chief Carter, individually, and limited punitive damages as to the individual defendants only.
The claims which remain are: municipal liability against Jersey City and Defendants, Director Carter and Chief Behrens under § 1983; violations of Soberal's Fifth and Fourteenth Amendment substantive due process rights against Lt. Nalbach, Sgt. Younger, and Insp. Wolleon under § 1983; and, pendent state law torts claims against all of the Defendants. The Court heard oral argument on November 5, 2007, and now decides the motion.
II. Facts of the Case
The facts of this case are undeniably tragic. Soberal and Reyes began a romantic relationship in October 2002, and eventually lived together with Soberal's two sons, Giovanni Germosen and William Gonzalez. On August 24, 2002, an alleged domestic violence dispute occurred between Reyes and Soberal at, their house. As described in the police report, an argument between the two escalated into physical contact where Soberal allegedly pushed Reyes and, according to Soberal, Reyes slapped her, which he denied. Ultimately, neither party filed a formal complaint nor were there any criminal charges brought against them.
At the time of the incident, the responding Jersey City police officer, Sergeant Reynolds ("Sgt.Reynolds"), was informed by Soberal that Reyes was also a Jersey City police officer, which Reyes confirmed.
Page 484
Reyes had been a member of the Jersey City PD since March 9, 1994 and was stationed out of the West District. The Jersey City PD had a policy, General Order # 11-96 ("Order 11-96"), that required police officers responding to domestic violence calls involving another police officer to assess the scene and determine whether a seizure of weapons was warranted. Sgt. Reynolds did not observe any objective, physical signs of violence in the apartment, and because Reyes' weapons were already secured at the West District, Sgt. Reynolds determined that a seizure of Reyes' weapons was not necessary. Soberal and Reyes were each given a victim's rights sheet.
After this first incident, Soberal and Reyes continued to cohabit together. On October 16, 2002, Soberal called emergency services to respond to their apartment because Reyes was harassing her in, an attempt to reconcile, which she did not want to do. Sgt. Reynolds, again, responded to the call. Soberal's allegations against Reyes were not physically violent in nature and Sgt. Reynolds did not observe any signs of physical injury or property damage. Soberal did not want to file a formal criminal complaint against Reyes. Sgt. Reynolds ordered Reyes to report to the West District while he escorted Soberal to the South District to complete the application for a temporary restraining order ("TRO"). At the South District, Soberal spoke with a municipal court judge via telephone, and after the interview was completed, the municipal judge issued a TRO with weapons restriction. The TRO was served upon Soberal and Reyes, whose weapons were also confiscated. Reyes was suspended from duty pursuant to N.J.A.C. 4A:2-2.3.
On October 25, 2002, the return date for entry of a Final Restraining Order ("FRO"), Soberal and Reyes appeared before the Honorable Hector Vasquez in the Superior Court of New Jersey, Chancery Division, Family Part. Soberal opted to forgo seeking a FRO and consented to the dismissal of the action. Soberal also executed an Affidavit for Dissolution/Modification of Order in which she requested the dissolution of the TRO. The affidavit acknowledged that Soberal's request was voluntary and that she had reconsidered her request. The court entered an Order of Dismissal.
Because Reyes was an officer involved in domestic violence, the Jersey City PD Internal Affairs Unit ("JCPD-IAU") became involved in the investigation. The JCPD-IAU is responsible for determining whether to recommend to the County Prosecutor the return of a weapon to a police officer. Lt. Blake of the JCPD-IAU interviewed Soberal to determine whether she had any concerns about the return of Reyes' weapons, which Soberal consented to on October 29, 2002. On October 30, 2002, Lieutenant Donahue forwarded a request to Stoma that Reyes should have his weapons returned so he could return to duty.
...
To continue reading
Request your trial
-
Pagan v. Rivera
... ... official capacity as a police officer of the City of Jersey City, MICHAEL KELLY in his official ... February 27, 2019, defendants removed the action to ... federal court. (See DE 1.) ... governed by Local Civil Rule 7.1(i). Reconsideration is an ... of ... Soberal v. City of Jersey City, 529 F.Supp.2d 477, 500 ... ...