Mantz v. Chain

Citation239 F.Supp.2d 486
Decision Date30 December 2002
Docket NumberNo. 00-1032 (SSB).,00-1032 (SSB).
PartiesJeffrey MANTZ, Plaintiff, v. Trooper Joseph CHAIN, Trooper Christine Shallcross, the New Jersey Highway Authority, and the State of New Jersey (through the Division of the State Police), j/s/a, Defendants.
CourtU.S. District Court — District of New Jersey

Richard T. Fauntleroy, Law Offices of Richard T. Fauntleroy, P.C., Pleasantville, NJ, for Plaintiff.

Marcus H. Karavan, Marcus H. Karavan, P.C., Wildwood, NJ, for Defendants.

OPINION REGARDING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCDURE 56(c) AND PLAINTIFF'S CROSS-MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT.

BROTMAN, District Judge.

Plaintiff Jeffrey Mantz instituted this action against the New Jersey Highway Authority, the State of New Jersey, and New Jersey state troopers Joseph Chain and Christine Shallcross on August 18, 2000, asserting federal civil rights claims under 42 U.S.C. § 1983 for unlawful arrest, false imprisonment, excessive force, malicious prosecution, and denial of adequate medical care, as well as related state constitutional and tort claims, arising out of his arrest, detention, and prosecution for disorderly conduct pursuant to N.J.S.A. § 2C:33-2a ("Improper Behavior"). This Court has jurisdiction over Plaintiffs federal civil rights claims pursuant to 28 U.S.C. § 1331 and supplemental jurisdiction over his state law claims pursuant to 28 U.S.C. § 1367. Presently before the Court is Defendants' motion for summary judgment and a cross-motion by Plaintiff for leave to file a second amended complaint. For the reasons set forth below, Defendants' motion for summary judgment will be granted in part and denied in part and Plaintiff will be granted leave to amend his complaint.

I. FACTUAL AND PROCEDURAL BACKGROUND

On February 6, 1999, at approximately 1:05 a.m., New Jersey state troopers, Joseph Chain and Christine Shallcross, stopped a vehicle observed driving "erratically" along a stretch of the Garden State Parkway in Somers Point, Atlantic County. (Chain Dep. at 52, 58; Certification of Marcus H. Karavan, Esq., Ex. 4 (hereinafter "Karavan Cert.")). The vehicle's two occupants, Robert Wood and the plaintiff, Jeffrey Mantz, were returning home after attending a rock concert in the Philadelphia area earlier that evening. (Mantz Dep. at 13). The troopers suspected that Wood, the driver of the car, had been drinking and asked that he and Mantz step out of the vehicle. Wood was then questioned and asked to submit to a series of field sobriety tests. (Karavan Cert., Ex. 4). The results of these tests confirmed the officers' suspicions and Wood was placed under arrest on suspicion of driving while under the influence of alcohol. (Id,). Mantz, who admits that he too had been drinking that night but denies the trooper's claims that he was heavily intoxicated (Mantz Dep. at 18-20; 24-25), was asked to produce identification, but was not placed under arrest. (Chain Dep. at 52, 62, 64; Mantz Dep. at 22). Both men were then transported to a state police substation located just off of the Parkway in Avalon, New Jersey, where Mantz was given the option of either calling a friend or family member to come pick him up or waiting until Wood had been "processed" so that one of the officers could drive him home. (Chain Dep. at 69; Mantz Dep. at 22). Mantz, who did not want to disturb any of his family or friends at such an early hour, chose instead to wait at the station for a ride from one of the troopers. (Chain Dep. at 69).

Mantz and the two troopers offer dramatically different accounts of the events that transpired once the four arrived at the Avalon barracks. According to Mantz, once inside the station, he used the bathroom facilities without incident and then sat quietly on an L-shaped bench while Shallcross and Chain proceeded to process the drunk driving charges against Wood. (Mantz Dep. at 28; Chain Dep. at 70). After sitting for approximately an hour, Mantz asked for permission to step outside and have a cigarette, but Trooper Chain refused the request and warned him just to "sit there and shut the f**k up." (Mantz Dep. at 29, 35). When Mantz protested and demanded to know whether he was being placed under arrest or charged with a crime, Trooper Chain moved out from behind a counter where he and Shallcross had been processing Wood's paperwork, walked over to him, and said, "No, you're not under arrest, but we can arrange that." (Id. at 31). He then demanded that Mantz "[s]tand up and put his hands behind his back." (Id.). Mantz promptly complied and permitted Chain to handcuff him without incident. (Id.). Once Mantz's hands had been firmly secured behind his back, Chain pushed his face and left shoulder into the wall and then pulled out a can of "OC spray" (commonly known as "pepper" spray or "mace"), spraying him twice, once on the side of the head and once in the eyes. (Id. at 32).

Troopers Chain and Shallcross provide a very different account of Mantz's conduct and the actions they took in responding to it. In their written reports and deposition testimony, they observe that Mantz, who appeared to have been "drinking heavily," was "initially" very "calm," "polite," and "cooperative." (Chain Dep. at 70-71; Shallcross Dep. at 94). His behavior abruptly changed, however, after he was told that it would be unsafe for him to leave the station unattended in his intoxicated condition and his cigarette would have to wait until Wood was finished being processed. (Chain Dep. at 72; Shallcross Dep. at 94-95). He began cursing at Trooper Chain and demanding in a "loud" and "angry" tone that he be permitted to smoke his cigarette. (Chain Dep. at 72). After briefly calming down, his tone became "louder," "angrier," and "more threatening" and he once again began to shout and curse at Trooper Chain, complaining that his rights were being violated. (Id. at 73, 76).

As Mantz's conduct began to create an increasingly tense atmosphere, Trooper Shallcross was forced to stop her investigation so that she could re-secure Wood to the bench. (Shallcross Dep. at 116). Meanwhile, Trooper Chain told Mantz that his behavior was interfering with the processing of Wood's DUI charges and warned that if it continued, he would be placed under arrest for disorderly conduct. (Chain Dep. at 77). According to Chain's deposition testimony, upon hearing this, Mantz suddenly "jumped out of his chair" and "came at [him] in an aggressive posture" with his "face farther in front of his shoulders, eyes wide open, face fully flushed, arms back, shoulders back" and his palms facing upward toward the ceiling. (Id.). In response, Chain informed Mantz that he was being placed under arrest for disorderly conduct and briefly struggled with him before securing his hands behind his back with a pair of handcuffs. (Id. at 78-79; Shallcross Dep. at 129-132,136).

Mantz continued to offer physical resistance as Chain attempted to secure him to the bench with another pair of handcuffs and eventually managed to free himself, retreating to the other side of the room where he sat down in a chair and set about manipulating his handcuffs so that he could reposition his hands to the front of his body through his legs. (Chain Dep. at 80-82; Shallcross Dep. at 137-138). When Mantz was warned that if he continued to resist he would be sprayed with pepper spray, he became "enraged" and suddenly "sprang up" out of his chair in an "aggressive posture," cursing and spitting at Trooper Chain. Trooper Chain responded by discharging his pepper spray once directly into Mantz's face. (Chain Dep. at 82-84). The spray managed to "incapacitate" Mantz long enough for Chain to finish securing him to the bench. (Id. at 97).

After handcuffing Mantz to the bench, Trooper Chain opened the front door of the station to let some fresh air into the building. (Chain Dep. at 100). He also offered to provide him with some water to rinse out his eyes and a towel to wipe away any residue, but Mantz refused insisting that an ambulance be called so that he could be taken to hospital. (Mantz Dep. at 54; Chain Dep. at 101; Shallcross Dep. at 149). Chain and Shallcross did not immediately call an ambulance but instead called Mantz's girlfriend and asked her to retrieve him from the stationhouse. (Chain Dep. at 101-103). When she arrived at the station, Chain offered to release Mantz into her custody. (Id. at 122; Dep. of Karla Goodman at 27). Mantz, however, continued to insist on being transported to the hospital in an ambulance. (Mantz Dep. at 47).

The supervising officer on duty that evening arrived at the station sometime later and directed the troopers to remove Mantz's handcuffs. Shortly thereafter an ambulance arrived and transported Mantz to Burdette Tomlin Memorial Hospital where hospital staff provided him with a saline solution to flush out his eyes. (Id. at 54, 57). Mantz maintains that he continued to experience a burning sensation and blurred vision for "several days" after being released from the hospital and insists that his eyesight has never been the same. (Id. at 58-59).

Trooper Chain filed a criminal complaint later that same day accusing Mantz of "purposely caus[ing] a disturbance during the process of [a police] investigation ... by engaging in violent and threatening behavior ... which served no legitimate purpose ..." in violation of N.J.S.A. § 2C:33-2a ("Improper Behavior").1 A summons was then issued requiring Mantz to appear in court to answer the allegations set forth in the complaint, but the charges were ultimately dismissed by Middle Township Municipal Court Judge Kenneth Calloway due to the State's failure to provide discovery after the scheduling of a firm trial date. (Certification of Richard T. Fauntleroy, Esq., Ex. E). Mantz thereafter filed a seven count complaint in this...

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