Green v. City of Paterson
| Decision Date | 26 June 1997 |
| Docket Number | Civil Action No. 95-6028(AJL). |
| Parties | Owen GREEN, Plaintiff, v. CITY OF PATERSON, Detective Timothy Jordan, Detective Ador Flores, Detective Gloria McMillan, individually and as a police officer for the City of Paterson, John Does 1-10 unknown police officers for City of Paterson, Defendants. |
| Court | U.S. District Court — District of New Jersey |
Jack Arseneault, Karen Spano, Arseneault & Krovatin Chatham, NJ, for Plaintiff.
William T. Connell, Dwyer, Connell & Lisbona, Montclair, NJ, for Defendants.
This is a civil rights action brought by plaintiff, Owen Green ("Green") against Detective Timothy Jordan ("Jordan"), Detective Ador Flores ("Flores") (together, the "Detectives"), Detective Gloria McMillan ("McMillan") and the City of Paterson ("City of Paterson"), (collectively, the "Defendants"). Jurisdiction is alleged pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3).
Green alleges his constitutional rights were violated when he was wrongfully arrested by the Defendants. Green filed a seven count complaint ("Complaint") asserting claims pursuant to 42 U.S.C. § 1983 ("Section 1983"),1 as well as various state law causes of action. Green seeks compensatory and punitive damages, attorney's fees and any further relief deemed appropriate. Complaint, ¶ 44.
The Defendants filed a motion for summary judgment ("Motion for Summary Judgment") pursuant to Rule 7.1(f), formally Rule 12N, of the Local Rules for the District of New Jersey.2 For the reasons set forth below, the Motion for Summary Judgment is granted.
Green is a citizen of the State of New Jersey residing in the City of Paterson. See Complaint, ¶ 3.
Detectives Jordan, Flores and McMillan are residents of the state of New Jersey and are agents, servants and/or employees of City of Paterson. Id., ¶ 5. At all relevant times, Jordan, Flores and McMillan were acting pursuant to and under color of state law. Id.
The City of Paterson is a body corporate and politic organized under the laws of the state of New Jersey. Id., ¶ 4. The City of Paterson owns, manages, directs and controls the Paterson Police Department. Id.
On the evening of 20 November 1994, Green was attending church services. See Plaintiff's Answers to Defendant's Interrogatories ("Plaintiff's Interrogatory Answers"), attached to Arseneault Cert. as Exhibit A, at 1. Following services, at approximately 10:00 p.m., Green drove another church parishioner, Violet Ramnan ("Ramnan"), to her residence on 25th Avenue in the City of Paterson. Id. After dropping Ramnan at her residence, Green proceeded to his home. Id. He drove down 15th Street, turned right on East 18th Street then turned left on Van Houten Street, where he stopped at a red light at its intersection with Main Street. Deposition of Green ("Green Dep."), attached to Arseneault Cert. as Exhibit J, 28-30.
At approximately 10:27 p.m. on the same date, a shooting occurred at 174 12th Avenue in the City of Paterson. Voluntary Statement of David Allen Carlswell ("Carlswell Statement"), attached to Arseneault Cert. as Exhibit D, at 1. Two witnesses, David Allen Carlswell ("Carlswell") and Alton Fitts ("Fitts"), were playing basketball with some friends in a playground on 12th Avenue. Voluntary Statement of Fitts ("Fitts Statement"), attached to Arseneault Cert. at Exhibit E, 1. They heard a gunshot and then observed a black man push a black female, later determined to be Arlene Session ("Session"), out of a car. Id. Fitts ran to the fence in the front of the playground to view the license plate number of the vehicle. Id. Fitts was unable to see the license plate but was able to get "a good look" at the driver. Id.
Carlswell and Fitts jumped into Carlswell's car, a red Audi, in an attempt to follow the vehicle to obtain a license plate number. Id. at 2. The two witnesses drove down 12th Avenue, made a right onto East 16th Street and another right onto East 18th Street. Once on East 18th Street, the car they were following ran a red light at the intersection of East 18th Street and Broadway and then turned right onto Van Houten Street. Id. It was at the intersection of Van Houten Street and Main Street that the two witnesses pulled along side the vehicle and viewed the driver. Id. The two witnesses stated they never lost sight of the car except when it made a turn. Voluntary Statement of Fitts ("Fitts Statement"), attached to Arseneault Cert. as Exhibit E, at 2.
While at the stoplight, Green noticed two men in a red car pointing at him. Plaintiff's Interrogatory Answers at 1. In fear of his safety, Green continued to drive while the red car followed. Id. at 2. After several turns, the red Audi stopped following Green and Green continued home. Id at 2. Carlswell and Fitts returned to the crime scene to report the license plate number to the police. Fitts Statement at 2.
At approximately 10:33 p.m., Paterson Police Patrolmen Richard Fletcher ("Fletcher"), Randy Billie ("Billie"), and Patrol Sergeant Alexander DeLuccia ("DeLuccia") were dispatched to 174 12th Avenue. Upon arrival, the officers found Session lying on the sidewalk. See Offense Report prepared by Billie ("Billie Report"), attached to Connell Cert. as Exhibit B, at 1; Official Report of DeLuccia ("DeLuccia Report"), attached to Connell Cert. as Exhibit A, 1. At 10:45 p.m., Jordan and Flores responded to the crime scene. See Supplemental Police Report ("Supplemental Police Report"), attached to Arseneault Cert. as Exhibit B, at 1-2. They were advised by the other officers that a black female had been shot in the head while in a car and pushed out the passenger door by a black male. They were also informed two witnesses gave the license plate number of the car which they believed the suspect was driving — a 1982 four door silver Volkswagen registered to Yvonne Green of 30 Ryerson Avenue in the City of Paterson " "). Id. The victim had been transported to St. Joseph's Hospital before Jordan and Flores arrived. Id.
Jordan and Flores left the crime scene at approximately 11:00 p.m. for St. Joseph's Hospital. Deposition of Flores ("Flores Dep."), attached to Connell Cert. as Exhibit H, attached to Arseneault Cert. as Exhibit K, at 22, 25. The attending nurse indicated Session had been communicating by blinking her eyes — one blink for yes, two blinks for no. Deposition of Jordan ("Jordan Dep."), attached to Connell Cert. as Exhibit I, attached to Arseneault Cert. as Exhibit L, 141. Jordan asked Session if she knew the individual who shot her; Session blinked once for yes. Id. Jordan then asked Session whether the suspect was Ian Green, a major drug dealer in the City of Paterson area; Session blinked twice for no. Id. Jordan and Flores were unable to question Session further due to her medical condition. Id.
At approximately 11:30 p.m., Flores and Jordan proceeded to 30 Ryerson Avenue in search of the suspect vehicle. Supplemental Police Report at 3. They located a gray four door Volkswagen with a New Jersey license plate FX912P in front of 21 Ryerson Avenue. Id. Jordan and Flores observed the engine of the car was warm. Id. They looked inside the vehicle and did not see any blood, bullet holes or bullet casings. Flores Dep. at 40-41. Jordan and Flores radioed the Detective Bureau and requested the two witnesses who had chased the vehicle, later determined to be Carlswell and Fitts, be transported to Ryerson Street for a vehicle identification. Supplemental Police Report at 3; Flores Dep. at 41. Detective Carl Popewiny ("Popewiny") transported Fitts and Carlswell to Ryerson Avenue where they identified the Y. Green Vehicle as the suspect vehicle. Id.
Popewiny joined Jordan and Flores outside of 30 Ryerson Avenue. Deposition of Popewiny ("Popewiny Dep."), attached to Connell Cert. as Exhibit O, attached to Arseneault Cert. as Exhibit N, 14. Jordan and Flores asked Popewiny to watch outside the house. Id. at 15. Jordan and Flores knocked on the door, which was answered by the wife of Green, Yvonne Green ("Yvonne Green"). Supplemental Police Report at 4. Moments later, Green came to the door. Id. Green told Jordan and Flores he drove the Y. Green Vehicle that evening and that "two guys were following [him] downtown." Id. Deposition of Green ("Green Dep."), attached to Connell Cert. as Exhibit Q, attached to Arseneault Cert. as Exhibit J, 45. Jordan and Flores responded that Green had to "come downtown" with them. Green Dep. at 45. Green repeated that "two guys were following me downtown." Id.3
While Green went to his bedroom to dress, he overheard Yvonne Green tell Jordan and Flores of the two men who were following Green that evening. Id. at 48. One of the Detectives asked Yvonne Green for the keys to the Y. Green Vehicle. Id. The officer returned the key and advised they did not open the car. Id. at 56. Green, who was never handcuffed, was taken to police headquarters. Id. at 52.
During this period Carlswell and Fitts had been sitting in the back seat of the Popewiny's vehicle parked on Ryerson Avenue. Popewiny Dep. at 14. Carlswell and Fitts viewed and identified Green to Popewiny as "the guy" who committed the shooting. Id. at 16-17. Popewiny had not asked either Carlswell or Fitts to identify Green; rather it was offered by the two witnesses voluntarily. Id. at 35. Popewiny informed Jordan and Flores of the identification by radio. Id. at 17.
At approximately 12:10 a.m. on 21 November 1994 in the Detective Bureau, Green signed a Miranda Form and was placed in an interview room. See Supplemental Police Report, 4; Signed Miranda Form, attached to Connell Cert. as Exhibit S. Green, Carlswell and Fitts were interviewed. Deposition of Jordan ("Jordan Dep."), attached to Connell Cert. as Exhibit I, 177.
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