Santiago v. City of Vineland
| Decision Date | 02 August 2000 |
| Docket Number | No. 97-5110.,97-5110. |
| Citation | 107 F.Supp.2d 512 |
| Parties | Luis A. SANTIAGO, Plaintiff, v. CITY OF VINELAND, et al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
F. Michael Daily, Jr., Quinlan, Dunne & Daily, P.A., Merchantville, NJ, for Plaintiff, Luis A. Santiago.
Lars S. Hyberg, McAllister, Hyberg & White, P.C. Executive Plaza-Suite, Northfield, NJ, for Defendants, City of Vineland, Joseph Romano and John P. Gallo.
A. Michael Barker, Joseph M. Scott, A. Michael Barker & Associates, P.C.,Northfield, NJ, for Defendants, Mario Brunetta, Paul Letizia, John Fresne and Dennis D'Augostine.
In this employment discrimination suit, this Court is called upon to determine, among other things, whether undesirable personality traits constitute an "impairment" under the Americans with Disabilities Act and whether a municipal special law enforcement officer who, by State statute, can be discharged only "for cause after an adequate hearing" is entitled to a pre-termination hearing when he is accused of selling illegal drugs at some point in the past. Plaintiff Luis A. Santiago ("Santiago"), a former special law enforcement officer of the City of Vineland, has filed an Amended Complaint alleging that the City, its former mayor and various police officials violated his federal and constitutional rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (Counts One and Six), the Americans with Disabilities Act, 42 U.S.C. § 12111, et seq. (Counts Four and Six), and 42 U.S.C. §§ 1981, 1983, 1985, 1986, 1988 (Count Three). See Am. Compl. at ¶¶ 43-46, 51-61, 65-67. In addition, Santiago alleges discrimination and retaliation claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. (Counts Two, Four and Six), as well as the common law claims of false arrest (Count Five), malicious prosecution (Count Five), breach of contract (Count Seven), intentional interference with his contractual relationship (Count Eight), and the tort of "outrage" (Count Nine). See id. at ¶¶ 47-50, 56-74.
Before this Court are two motions for summary judgment, pursuant to Federal Rule of Civil Procedure 56(c), filed by the two sets of defendants in this case, the City of Vineland, Joseph Romano and John P. Gallo and by Mario Brunetta, Paul Letizia, John Fresne and Dennis D'Augostine (collectively, "Defendants"). See Notice of Motion for Summ. J. by Defs., City of Vineland, Joseph Romano and John P. Gallo at 1 (filed Aug. 6, 1999); Notice of Motion for Summ. J. by Defs., Mario Brunetta, Paul Letizia, John Fresne and Sennis [sic] D'Augostine at 1 (filed Aug. 6, 1999). Because both motions for summary judgment rely on substantially similar grounds, and because Santiago has submitted only one brief in opposition to the motions for summary judgment, I shall consider the merits of the motions jointly, where appropriate. This Court exercises jurisdiction pursuant to 28 U.S.C. § 1331,1 1343,2 and 1367.3 For the reasons set forth below, I shall grant in part and deny in part the Defendants' motions for summary judgment.
The issues in this case are presented within the framework of three overarching factual events: (1) Santiago's discharge from his position as a Vineland special law enforcement officer; (2) the City of Vineland's failure to hire Santiago as a police officer; and (3) Santiago's subsequent arrest for unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5(b) (West Supp.2000).
On September 3, 1992, Plaintiff, Luis A. Santiago, who is Hispanic, applied for the position of special law enforcement officer in the City of Vineland. See Pl.'s App. to Br. in Opp. to Motion for Summ. J. ("Pl.'s Ex.") Vol. I (Vineland Special Police Applicant Investigation) at 1. As part of the application process, Dr. Donald Babcock of the Vineland Guidance Center evaluated Santiago, found him "psychologically fit," and recommended him for the position. See App. to Br. in Supp. of Mot. for Summ. J. by Defs. City of Vineland, Joseph Romano and John P. Gallo ( ) 2 at 7 (referencing Jan. 18, 1993 Babcock evaluation). On April 26, 1993, Luis A. Santiago was appointed as a special law enforcement officer of the City of Vineland. See Pl.'s Ex. Vol. I (Oath of Office, dated April 26, 1993). The post is for a term not to exceed one year and the appointment "may be revoked by the local unit for cause after adequate hearing." N.J.S.A. 40A:14-146.13 (West 1993). Santiago was reappointed to the position three separate times. See Pl.'s Ex. Vol. 1 ).
During his tenure as a special law enforcement officer, Santiago applied for a position with the Cumberland County Sheriff's Department, for which he underwent another psychological evaluation with Dr. Babcock. See Defs.' Ex. 32 at 1. On July 20, 1995, Dr. Babcock reported his psychological evaluation of Santiago, which included the following:
Mr. Santiago was married in June[,] 1992 and separated in May, 1994. He claims financial and communication problems in the marriage which had minor domestic violence. He denied hitting but admitted grabbing. He felt she also had a temper. There will not be a reconciliation. There have been reports that he is physically abusive to his wife.
Id. at 2. In addition, Dr. Babcock reported that:
[T]here is a real disturbing influence in his emotions at this time. This report compared with an earlier one conducted with him when he was applying for a position in January[,] 1993 as a Class I officer for the Vineland Police Department —comparing the two results it can be seen that the break up of the marriage and perhaps other factors have contributed to a real...
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