NOEL L. HILLMAN, District Judge.
Presently before the Court is the Motion [7] of Defendant State Trooper J. B. Zyskowski to dismiss the Complaint against him alleging false arrest, malicious prosecution, and abuse of process. For the reasons set forth below, the Motion will be granted in part and denied in part.
This matter was originally opened to the Court by Plaintiff Victor L. Harris's submission of a civil rights complaint asserting claims arising out of the circumstances surrounding his arrest on December 9, 2011, and subsequent confinement and prosecution. The allegations of the Complaint are accepted as true for purposes of deciding the Motion to dismiss.
Plaintiff alleges that on December 9, 2011, he was confined in a halfway house in anticipation of his release from service of a criminal sentence. He signed out of the halfway house to go to a job interview. On the way back to the halfway house, he pulled his car over on the shoulder of Interstate 295 to make a phone call. Defendant New Jersey State Trooper J. B. Zyskowski pulled behind Plaintiff's car and asked him if he had a problem, to which Plaintiff responded that he did not. Trooper Zyskowski then advised Plaintiff that he was not permitted to stop on the shoulder of the Interstate highway and asked Plaintiff for his driver's license and vehicle registration; Plaintiff complied with this request.
Plaintiff states that Trooper Zyskowski went back to his own vehicle and then returned, asking Plaintiff to step out of his car and advising him of an outstanding 2003 warrant for Plaintiff's arrest on harassment charges. Plaintiff replied that those charges had been dismissed, as evidenced by the fact that he had been moved from prison to a halfway house in anticipation of release. Nevertheless, Plaintiff contends that Trooper Zyskowski responded that he was taking Plaintiff into the state police station because the warrant was on the Trooper's computer.
Plaintiff asserts that, at the station, he asked Trooper Zyskowski to check the NCIC
Plaintiff does not allege that Trooper Zyskowski had any further involvement in the events that transpired from there, including the alleged refusal of Burlington County Jail staff to permit Plaintiff to make a telephone call, a mix-up about Plaintiff's name that permitted an inmate with a similar name to be released on bail instead of Plaintiff, and Plaintiff's confinement for approximately eight months before the charges were dropped.
Plaintiff asserts that Trooper Zyskowski is liable to him for false arrest, malicious prosecution, and abuse of process. He seeks declaratory relief as well as compensatory and punitive damages. Trooper Zyskowski has filed a Motion [7] to dismiss the Complaint on various grounds.
This Court has considered the Motion and the submissions of the parties and will decide the Motion on the briefs, pursuant to Federal Rule of Civil Procedure 78(b).
This Court exercises subjection matter jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3), in that the Complaint alleges federal civil rights claims under 42 U.S.C. § 1983.
Rule 12(b)(6) of the Federal Rules of Civil Procedure permits a party to move to dismiss a claim in a civil action for "failure to state a claim upon which relief can be granted." In addition, this Court must dismiss, at any time, certain
Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the statement need only `give the defendant fair notice of what the ... claim is and the grounds upon which it rests.'"
"A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged."
In determining the sufficiency of a
In his Complaint, Plaintiff does not specify whether he is suing Trooper Zyskowski in his official or individual capacity, or both. He does state that he seeks declaratory relief as well as monetary damages. Trooper Zyskowski seeks dismissal of all claims pursuant to the Eleventh Amendment to the U.S. Constitution.
The Eleventh Amendment provides that, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by Citizens or Subjects of any Foreign State."
As a general proposition, a suit by private parties seeking to impose a liability which must be paid from public funds in a state treasury is barred from federal court by the Eleventh Amendment, unless Eleventh Amendment immunity is waived by the state itself or by federal statute.
Section 1983 does not override a state's Eleventh Amendment immunity.
Here, Trooper Zyskowski asserts that the Complaint must be construed as asserting claims against him in his official capacity, only, and that it is therefore dismissible in its entirety, because the claims asserted arise from "actions in his official capacity in the furtherance of the policies and procedures of the State Police." (Brief [9] in support of Motion to Dismiss at 12-13.) This argument, however, misconstrues the nature of official and individual capacity suits. Action taken under color of state law is, as noted above, a necessary element of any § 1983 suit. Nevertheless, "[i]t does not follow that every time a public official acts under color of state law, the suit must of necessity be one against the official in his or her official capacity."
In his Response [10] in opposition to the Motion to dismiss, Plaintiff correctly argues that he is entitled to proceed against Trooper Zyskowski, in his official capacity, for declaratory relief and against him, in his individual capacity, for damages. Accordingly, the request to dismiss Plaintiff's claims on Eleventh Amendment grounds will be granted only to the extent that the Complaint could be construed as seeking damages from Trooper Zyskowski in his official capacity, and will be denied in all other respects.
Trooper Zyskowski seeks dismissal of the false arrest claim on grounds that the Complaint fails to state a claim for false arrest or, in the alternative, on grounds of qualified immunity.
It is well established in the Third Circuit that an arrest without probable cause is a Fourth Amendment violation actionable under § 1983.
Probable cause exists "whenever reasonably trustworthy information or circumstances within a police officer's knowledge are sufficient to warrant a person of reasonable caution to conclude that an offense has been committed by the person being arrested."
Nevertheless, Trooper Zyskowski argues that he is entitled to qualified immunity.
To determine whether the right was clearly established, a court must examine, "whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."
Here, according to the allegations of the Complaint, Trooper Zyskowski was in possession of conflicting information regarding the existence of the warrant from two different law enforcement computerized databases, the alleged warrant dating from 2003 (eight years before the arrest). Plaintiff explained that the charges had been dropped and supported that with an explanation that he was currently in a halfway house, a placement that would not be permitted if any warrants remained outstanding. Further, Plaintiff suggested that Trooper Zyskowski confirm that with a call to the halfway house. Plaintiff alleges that Trooper Zyskowski took no action to resolve the discrepancy between the two law enforcement databases. In support of his Motion to dismiss, however, Trooper Zyskowski asserts that he possessed additional information regarding Plaintiff's violent nature, history of drug abuse, and his "nervous and incoherent" behavior at the time of arrest. This Court has no information regarding the reliability of either of the computerized databases, the time of day of the arrest or the ability of Trooper Zyskowski to confirm the existence of the warrant at the time of arrest, or any other factors that might have influenced Trooper Zyskowski's actions.
This Court is not prepared to hold, as a matter of law, that Trooper Zyskowski's behavior was reasonable under the circumstances as pled in the Complaint. Accordingly, it will deny the Motion to dismiss on qualified immunity grounds, without prejudice to Trooper Zyskowski raising the issue in a properly supported motion for summary judgment or as a defense at trial, where disputed issues of fact can be resolved.
Plaintiff also asserts a claim against Trooper Zyskowski for malicious prosecution. This Court will exercise its authority under 28 U.S.C. §§ 1915 and 1915A to screen and dismiss this claim.
In order to state a § 1983 claim of malicious prosecution in violation of the Fourth Amendment, a plaintiff must establish the elements of the common law tort as it has developed over time, and that there has been some deprivation of liberty consistent with a seizure.
Here, Plaintiff has pleaded no facts that would suggest that Trooper Zyskowski instituted any criminal action against Plaintiff. To the contrary, Plaintiff has alleged that Trooper Zyskowski arrested him based upon some information that an arrest warrant had been issued. In addition, there are no facts from which "malice" could be inferred. Accordingly, this claim will be dismissed without prejudice.
Plaintiff also asserts a claim against Trooper Zyskowski for abuse of process. This Court will exercise its authority under 28 U.S.C. §§ 1915 and 1915A to screen and dismiss this claim.
Here, there is no factual allegation that could be construed as an allegation that Trooper Zyskowski utilized the prosecution against Plaintiff for any illegitimate purpose.
Finally, Trooper Zyskowski seeks dismissal of all tort claims for failure to comply with the procedural notice requirement of the New Jersey Tort Claim Act, N.J.S.A. 59:8-3 et seq. In response, Plaintiff has stated that he is asserting only federal constitutional claims, pursuant to 42 U.S.C. § 1983, that are not governed by the procedural requirements of the New Jersey Tort Claims Act.
As Plaintiff has clarified that he does not seek to impose liability against Trooper Zyskowski on any basis other than federal law, this Court agrees that the requirements of the New Jersey Tort Claim Act do not apply to this action.
For the reasons set forth above, the Motion [7] to dismiss will be denied in part and granted in part. The damages claim for false arrest will be permitted to proceed against Trooper Zyskowski in his individual capacity, only; the claim for declaratory relief may proceed against Trooper Zyskowski in both his official and individual capacities. This Court will sua sponte dismiss the claim for malicious prosecution and abuse of process, for failure to state a claim.
An appropriate order follows.