Kelley v. Edison Tp., Civ. No. 03-4817 (WHW).

• Decision Date: 19 July 2005
• Docket Number: Civ. No. 03-4817 (WHW).
• Citation: 377 F.Supp.2d 478
• Parties: James Todd KELLEY, Plaintiff, v. EDISON TOWNSHIP, Middlesex County Prosecutor's Office, Det. Fred Lacik, II, Lt. Michael Palko, Det. Jeff Abrams, Sgt. Chris Engram, Ptlm. Jeff Diakunczak, Ptlm. Brian Mieckowski, Defendants. Det. Jeff Abrams, et al., Third Party Plaintiff, v. State of New Jersey, Third Party Defendant.
• Court: U.S. District Court — District of New Jersey

Page 478

377 F.Supp.2d 478

James Todd KELLEY, Plaintiff, v. EDISON TOWNSHIP, Middlesex County Prosecutor's Office, Det. Fred Lacik, II, Lt. Michael Palko, Det. Jeff Abrams, Sgt. Chris Engram, Ptlm. Jeff Diakunczak, Ptlm. Brian Mieckowski, Defendants.

Det. Jeff Abrams, et al., Third Party Plaintiff, v. State of New Jersey, Third Party Defendant.

Civ. No. 03-4817 (WHW).

United States District Court, D. New Jersey.

July 19, 2005.

Lawrence S. Lustberg, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, PC, Newark, NJ, for Plaintiff.

Steven C. Mannion, Decotiis, Fitzpatrick, Gluck, & Cole, LLP, Teaneck, NJ, for Defendants.

OPINION

WALLS, District Judge.

This Opinion addresses three motions as they deal with related issues. First, third party defendant State of New Jersey moves to dismiss the Third Party Complaint. Second, Edison Township moves for partial summary judgment dismissing all the vicarious liability claims against it arising from the conduct of defendant/third party plaintiff Det. Jeff Abrams. Third, Abrams cross-moves for summary judgment on the Third Party Complaint. The motions are decided without oral argument pursuant to Fed.R.Civ.P. 78.

FACTS AND PROCEDURAL BACKGROUND

On October 9, 2003, plaintiff James Todd Kelley filed a Complaint, later amended on July 1, 2004, alleging both federal and state law claims against Edison Township, Middlesex County Prosecutor's Office ("MCPO"), Det. Fred Lacik, II, Lt. Michael Palko, Det. Jeff Abrams, Sgt. Chris Engram, Ptlm. Jeff Diakunczak, and Ptlm. Brian Mieckowski. His claims arise from the following undisputed facts:¹ The MCPO has an investigative arm that includes a narcotics task force. The task force is populated by investigators, detectives and agents who possess the same police powers as municipal police officers but with county-wide jurisdiction. The members of the task force are solicited from municipal and other law enforcement agencies. Participating agencies loan one or more police officers to the task force for up to one year. In return, the MCPO reimburses the agencies for part of that officer's salary. The task force is organized into three squads, each with six agents and one sergeant. At any given time, between five and ten members of the task force are employees on loan from other agencies. While the loaning agency selects which officers to send, the task force commander retains the right to return any loaned officer and the right to refuse the renewed assignment of any particular officer.

Abrams, a police officer with the Edison Police Department, was first assigned to the task force in June 2001. His assignment was renewed in September 2002. For the 2002-2003 year, the MCPO paid the Edison Police Department $20,000 for Abrams's assignment. During 2002, Abrams was assigned to the task force on a full-time basis. His day-to-day control and supervision was through his immediate supervisor, Engram, a permanent member of the task force. As a squad sergeant, Engram oversaw squad members who were either hired by the MCPO or loaned to the task force.

In October 2002, the commander of the task force was Captain Jeff Greczyn and Sgt. Paglione was the deputy commander. On the morning of October 30, 2002, Abrams received information from a confidential informant that a James Hemenway would sell five ounces of cocaine that evening. As the case agent for the investigation, Abrams was responsible for coordinating the investigation, getting any warrants, and preparing any written reports. As the task force does not have any marked patrol cars or jail, it is standard protocol for the task force to contact local law enforcement for back up and support when operating in a particular municipality. Abrams and Engram contacted the Bay Shore Narcotics Task Force ("BSNTF") because Hemenway was located in Monmouth County.

Abrams and Engram met with the confidential informant near the Ramada Inn in Edison that afternoon and confirmed that the sale would take place at the Ramada. An officer from BSNTF was present for that meeting, but was not included in the conversation. The informant described Hemenway as a white male, age 25 to 30, medium to heavy-set build, with blondishbrown hair. The informant also told Abrams and Engram that the deal would happen between 8:30 p.m. and 10:30 p.m. and that Hemenway would be driving a white minivan.

Because the sale was to take place in Edison, Abrams contacted the Edison Police Department for back up and support. Abrams and Engram then formulated a tactical plan to arrest Hemenway. The officers were split up in several unmarked police cars which were located in different areas of the Ramada Inn parking lot. The officers were instructed to arrest Hemenway on sight. Control over the investigation and supervision of Abrams remained with Engram throughout the process.

At the Ramada Inn, Engram drove one vehicle and the BSNTF officer and the informant were with him. The informant was present to identify the van and Hemenway. While the police were monitoring the Ramada Inn, plaintiff Kelley drove into the Ramada Inn parking lot in a white minivan, and he appeared to match the description of Hemenway. When Kelley arrived, the informant did not say that he was not the target. Abrams approached Kelley's vehicle and Kelley sped away. The officers pursued him and extricated him from the van. Upon seeing Kelley being taken out of the van, Engram first realized that Kelley was not Hemenway. Kelley was arrested and taken to the Edison Township Police Department where a criminal complaint was filed against him and a summons issued. The complaint was later dismissed.

Plaintiff complains that his rights were violated under to 42 U.S.C.1983, alleging false arrest, false imprisonment, excessive use of force, and malicious prosecution. His state law claims include intentional and negligent infliction of emotional distress, assault and battery, malicious prosecution, and false arrest and imprisonment. He is suing Edison Township under the doctrine of respondeat superior for the tortious conduct of the individual defendants.

After the Complaint was filed, on March 29, 2004, Middlesex County Counsel sent a letter to the Attorney General for the State of New Jersey requesting representation for Abrams. By letter dated April 7, 2004, the request was denied. On July 22, 2004, after the MCPO and Engram were added as defendants, Middlesex County Counsel requested representation for the MCPO from the Attorney General. Before the Attorney General responded the MCPO, Engram and Abrams filed an Answer, Cross-claim and Third Party Complaint against the State of New Jersey. The Third Party Complaint states claims for contribution, indemnification, and requests that the State of New Jersey defend and indemnify the MCPO, Engram and Abrams. On September 8, 2004, the Attorney General informed Middlesex County Counsel that representation would be provided to the MCPO and Engram but not Abrams.

STANDARDS OF REVIEW

The motions addressed here implicate the standards of review for both 12(b)(6) motions to dismiss and summary judgment. On a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), a court is required to accept as true all allegations in the complaint and all reasonable inferences that can be drawn therefrom, and to view them in the light most favorable to the non-moving party. Pinker v. Roche Holdings Ltd., 292 F.3d 361, 374 n. 7 (3d Cir.2002). The question is whether the claimant can prove any set of facts consistent with his or her allegations that will entitle him or her to relief, not whether that person will ultimately prevail. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984).

While a court will accept well-pled allegations as true for the purposes of the motion, it will not accept unsupported conclusions, unwarranted inferences, or sweeping legal conclusions cast in the form of factual allegation. Miree v. DeKalb County, Ga., 433 U.S. 25, 27 n. 2, 97 S.Ct. 2490, 53 L.Ed.2d 557 (1977). Moreover, the claimant must set forth sufficient information to outline the elements of his claims or to permit inferences to be drawn that these elements exist. Fed.R.Civ.P. 8(a)(2); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). The Court may consider the allegations of the complaint, as well as documents attached to or specifically referenced in the complaint, and matters of public record. Sentinel Trust Co. v. Universal Bonding Ins. Co., 316 F.3d 213, 216 (3d Cir.2003); see also 5A WRIGHT & MILLER, FEDERAL PRACTICE & PROCEDURE § 1357 (2d ed.1990).

"A `document integral to or explicitly relied on in the complaint' may be considered `without converting the motion [to dismiss] into one for summary judgment.'" Mele v. Federal Reserve Bank of N.Y., 359 F.3d 251, 255 n. 5 (3d Cir.2004) (citing In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir.1997)). "Plaintiffs cannot prevent a court from looking at the texts of the documents on which its claim is based by failing to attach or explicitly cite them." Id.

Summary judgment is appropriate where the moving party establishes that "there is no genuine issue as to any material fact and that [it] is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). A factual dispute between the parties will not defeat a motion for summary judgment unless it is both genuine and material. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is genuine if a reasonable jury could return a verdict for the non-movant and it is material if, under the substantive law, it would affect the outcome of the suit. See id. at 248. The moving party must show that if the evidentiary material of record were reduced to admissible evidence in court, it would be insufficient to permit the non-moving party to carry its burden of proof. See Celotex v. Catrett, 477 U.S. 317, 318, 106 S.Ct. 2548, 91...