Case: Prince v. Aiellos

2:09-cv-05429 | U.S. District Court for the District of New Jersey

Filed Date: Oct. 23, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 23, 2009, an individual plaintiff filed a lawsuit in the U.S. District Court for the District of New Jersey under 42 U.S.C. § 1983 against the Hackensack Police Department, Hackensack Municipal Court, Bergen County Jail in the City of Hackensack, Bergen County Municipal Court, and Bergen County Prosecutor. The plaintiff, representing himself pro se, sought compensatory and punitive damages plus special damages for future legal fees. The plaintiff specifically claimed that the defenda…

On October 23, 2009, an individual plaintiff filed a lawsuit in the U.S. District Court for the District of New Jersey under 42 U.S.C. § 1983 against the Hackensack Police Department, Hackensack Municipal Court, Bergen County Jail in the City of Hackensack, Bergen County Municipal Court, and Bergen County Prosecutor. The plaintiff, representing himself pro se, sought compensatory and punitive damages plus special damages for future legal fees. The plaintiff specifically claimed that the defendants violated his Fourteenth Amendment rights by attempting to break in and enter his home, threatening to imprison him, fabricating stories to have him incarcerated, and asserting false criminal charges, which led to plaintiff spending three months and five days in county jail.

Prior to these events, the plaintiff and officers had a relationship that arose out of an automobile accident. The plaintiff stated that he collected social security checks because of lasting injuries from the accident. The officers, allegedly because the plaintiff is black, claimed that the plaintiff had faked these injuries.

On October 12, 2010, the U.S. District Court (Judge Jose L. Linares) issued an order granting in part and denying in part motions to dismiss the plaintiff's complaint. The court granted leave to the plaintiff to allow him to amend his conspiracy to maliciously prosecute and equal protection claims. The court noted that if the plaintiff failed to do so, his Second Amended Complaint would remain the operative complaint in this matter and the case would proceed solely as to the plaintiff's malicious prosecution claim as against defendant Sgt. Aiellos. 2010 WL 4025846.

The plaintiff submitted an amended complaint later that month on October 27, 2010. The District Court issued an opinion dismissing the amended complaint as to all defendants except Behnke and Sgt. Aiellos on December 22, 2010. 2010 WL 5392724. The court granted Behnke's subsequent motion to dismiss on February 26, 2011.

Then, on May 22, 2012, the court issued an opinion denying the plaintiff’s motions for leave to submit another amended complaint and for a stay in discovery proceedings. 2012 WL 1883812.

On December 20, 2013, the U.S. District Court (Judge Jose L. Linares) issued an order denying the defendant’s and plaintiff’s motions for summary judgment. 2013 WL 6865619. On January 16, 2014, the defendant appealed to the Third Circuit on the basis of qualified immunity. The district court issued an order on May 7, 2014 granting the defendant’s motion to stay the case pending interlocutory appeal.

Months later, on December 2, 2014, the Third Circuit affirmed the district court’s decision to deny summary judgment. The Third Circuit’s decision hinged on two elements, including whether the plaintiff’s criminal complaint was brought without probable cause and whether the defendant acted maliciously toward the plaintiff. The court agreed with the district court that both issues were matters of disputed fact for a jury to decide and therefore rejected the motion for summary judgment. 594 Fed. App'x 742.

Following the Third Circuit’s decision, litigation continued in the district court. The parties litigated discovery and pretrial orders vigorously. Trial was initially set for June 2018, but later postponed because in May 2018, the docket indicates that plaintiff sought to retain counsel (which terminated all pending pretrial motions). That fall and into early 2019, the parties continued settlement negotiations without success. In May of 2019, the case was re-assigned to Judge John Michael Vazquez. Later that year, the plaintiff filed a motion for recusal, which was denied by Judge Vazquez.

On February 7, 2020, the plaintiff requested to stay the case while the Third Circuit decided a petition for a writ of mandamus. The stay request was denied and the parties prepared for trial. However, the trial has been delayed due to the COVID-19 pandemic and the case remains pending as of April 15, 2021.

Summary Authors

Julie Singer (11/13/2014)

Will McCartney (3/10/2018)

Richa Bijlani (12/1/2019)

Rachel Harrington (4/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5779186/parties/prince-v-aiellos/


Judge(s)

Allen, Jessie (New York)

Attorney for Plaintiff
Attorney for Defendant

Ayes, Mitchell Ryan (New Jersey)

Del Bove, Christopher Smith (New Jersey)

Eder, Reid Harlan (New York)

Flanagan, Brian G. (New Jersey)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:09-cv-05429

Docket [PACER]

Feb. 19, 2021

Feb. 19, 2021

Docket
5

2:09-cv-05429

Amended Complaint

Feb. 16, 2010

Feb. 16, 2010

Complaint
10

2:09-cv-05429

Answer to Plaintiff's Amended Complaint

March 10, 2010

March 10, 2010

Complaint
40

2:09-cv-05429

Order {Granting Motion to Dismiss Amended Complaint}

April 23, 2010

April 23, 2010

Order/Opinion
87

2:09-cv-05429

Second Amended Complaint

May 18, 2010

May 18, 2010

Complaint
79

2:09-cv-05429

Order {Denying Motion to Dismiss}

July 14, 2010

July 14, 2010

Order/Opinion
117

2:09-cv-05429

Opinion

Oct. 8, 2010

Oct. 8, 2010

Order/Opinion

2010 WL 4025846

118

2:09-cv-05429

Order { Granting in part and denying in part motion to dismiss}

Oct. 12, 2010

Oct. 12, 2010

Order/Opinion
137

2:09-cv-05429

Opinion

Dec. 21, 2010

Dec. 21, 2010

Order/Opinion

2010 WL 5392724

138

2:09-cv-05429

Order {Dismissing Third Amended Complaint}

Dec. 22, 2010

Dec. 22, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5779186/prince-v-aiellos/

Last updated Nov. 2, 2026, 11:19 p.m.

Docket for: PRINCE v. AIELLOS
ECF Number Date Description Link
1 Oct. 23, 2009

COMPLAINT against J. GERVASI, A. TREZZA, WALSH, HACKENSACK POLICE DEPARTMENT, JOHN DOE MEMBER (S) OF HACKENSACK POLICE DEPARTMENT, JANICE BEHNKE, ELIZABETH P., HACKENSACK MUNICIPAL COURT, BERGEN COUNTY JAIL IN CITY OF HACKENSACK, JOHN DOE MEMBER (S) OF BERGEN COUNTY JAIL STAFF, E. SCHIFFMAN, M.D., FORENSIC PSYCHIATRY UNIT D1, BERGEN REGIONAL MEDICAL CENTER, GAIL PIETRSLA, STERLING M.D., MOHAMMAD MALLICK M.D., PUUDIMAMUTHXUDA M.D., JOHN DOE MEMBERS BERGEN REGIONAL MEDICAL CENTER STAFF, E. FAHEY, MA., CARE PLUS NEW JERSEY INC., THOMAS AIELLOS, BERGEN COUNTY MUNICIPAL COURT, BERGEN COUNTY PROSECUTOR, JOHN DOE MEMBER (S) OF BERGEN COUNTY PROSECUTOR (S) STAFF, ATTORNEY GENERAL, STATE OF NEW JERSEY, JOHN DOE MEMBER (S) OF N.J. ATTORNEY GENERAL STAFF, W. INGLIMA, A. GUTIERREZ, A. FERRAOILI, LEE, PLUNKETT, C. TOOMEY, T. GERVASI ( Filing fee $ 350 receipt number 358776.) Jury Demand. No Summons Attached., filed by DONELL L. PRINCE. (Attachments: # 1 Civil Cover Sheet)(ld, ) (Entered: 10/27/2009)

RECAP
2 Oct. 23, 2009

Civil Cover Sheet with attached exhibits by Donnell Prince (nr, ) (Entered: 10/29/2009)

RECAP
3 Feb. 9, 2010

Consent & Registration form to receive documents electronically by DONELL L. PRINCE (nr, ) (Entered: 02/09/2010)

RECAP
4 Feb. 11, 2010

SUMMONS ISSUED as to THOMAS AIELLOS, ATTORNEY GENERAL, STATE OF NEW JERSEY, JANICE BEHNKE, BERGEN COUNTY JAIL IN CITY OF HACKENSACK, BERGEN COUNTY MUNICIPAL COURT, BERGEN COUNTY PROSECUTOR, BERGEN REGIONAL MEDICAL CENTER, A. FERRAOILI, J. GERVASI, T. GERVASI, A. GUTIERREZ, HACKENSACK MUNICIPAL COURT, HACKENSACK POLICE DEPARTMENT, W. INGLIMA, LEE, MOHAMMAD MALLICK M.D., ELIZABETH P., GAIL PIETRSLA, PLUNKETT, PUUDIMAMUTHXUDA M.D., E. SCHIFFMAN, M.D., STERLING M.D., C. TOOMEY, A. TREZZA, WALSH with answer to complaint due within 21 days. (Summons Mailed to Pro Se Plaintiff) (ld, ) (Entered: 02/11/2010)

RECAP
5 Feb. 16, 2010

AMENDED COMPLAINT jury demand, filed by DONELL L. PRINCE.(nr, ) (Additional attachment(s) added on 2/17/2010: # 1 Civil Cover Sheet) (nr, ). (Entered: 02/17/2010)

RECAP
Feb. 18, 2010

CLERK'S QUALITY CONTROL MESSAGE: DONELL L. PRINCE, does not have a correct e-mail address listed with the court and is not receiving his/her notices of electronic filing in this case. Pursuant to local rule 10.1 and court procedures, counsel and unrepresented parties are required to notify the court of any mailing or e-mail address changes. The court has deleted the invalid e-mail address. Attorneys should review the ECF link on our web site for information on maintaining your account and unrepresented parties, or those attorneys without access to maintaining their account, should notice the Clerk. (sa, ) Modified on 2/18/2010 (sa, ).

6 Feb. 23, 2010

SUMMONS on amended complt. ISSUED as to BERGEN COUNTY MUNICIPAL DIVISION, PROSECUTOR OSTONI OF BERGEN COUNTY PROSECUTOR OFFICE with answer to complaint due within 21 days. (nr, ) (Entered: 02/23/2010)

RECAP
Feb. 23, 2010

Set Deadlines as to 9 MOTION for Extension of Time to File. Motion set for 4/5/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

7 Feb. 24, 2010

Letter withdrawning the consent and registration form filed on 2/9/2010 (nr, ) (Entered: 02/27/2010)

RECAP
8 Feb. 24, 2010

WAIVER OF SERVICE Returned Executed by DONELL L. PRINCE. CARE PLUS NEW JERSEY INC. waiver sent on 1/15/2010, answer due 3/16/2010; E. FAHEY, MA. waiver sent on 1/15/2010, answer due 3/16/2010. (nr, ) (Entered: 02/27/2010)

RECAP
9 March 1, 2010

MOTION for Extension of Time to served summons and amended complt. by DONELL L. PRINCE. (Attachments: # 1 Certification, # 2 Text of Proposed Order, # 3 letter)(nr, ) (Entered: 03/01/2010)

RECAP
10 March 12, 2010

ANSWER to Complaint, CROSSCLAIM against THOMAS AIELLOS, ATTORNEY GENERAL, STATE OF NEW JERSEY, JANICE BEHNKE, BERGEN COUNTY JAIL IN CITY OF HACKENSACK, BERGEN COUNTY MUNICIPAL COURT, BERGEN COUNTY MUNICIPAL DIVISION, BERGEN COUNTY PROSECUTOR, BERGEN REGIONAL MEDICAL CENTER, A. FERRAOILI, FORENSIC PSYCHIATRY UNIT D1, J. GERVASI, T. GERVASI, A. GUTIERREZ, HACKENSACK MUNICIPAL COURT, HACKENSACK POLICE DEPARTMENT, W. INGLIMA, JOHN DOE MEMBER (S) OF BERGEN COUNTY JAIL STAFF, JOHN DOE MEMBER (S) OF BERGEN COUNTY PROSECUTOR (S) STAFF, JOHN DOE MEMBER (S) OF HACKENSACK POLICE DEPARTMENT, JOHN DOE MEMBER (S) OF N.J. ATTORNEY GENERAL STAFF, JOHN DOE MEMBERS BERGEN REGIONAL MEDICAL CENTER STAFF, LEE, MOHAMMAD MALLICK M.D., ELIZABETH P., GAIL PIETRSLA, PLUNKETT, PROSECUTOR OSTONI OF BERGEN COUNTY PROSECUTOR OFFICE, PUUDIMAMUTHXUDA M.D., E. SCHIFFMAN, M.D., STERLING M.D., C. TOOMEY, A. TREZZA, WALSH by E. FAHEY, MA., CARE PLUS NEW JERSEY INC.. (Attachments: # 1 Certificate of Service)(PRUTTING, GEORGE) (Entered: 03/12/2010)

RECAP
11 March 12, 2010

Corporate Disclosure Statement by CARE PLUS NEW JERSEY INC.. (PRUTTING, GEORGE) (Entered: 03/12/2010)

RECAP
12 March 22, 2010

LETTER ORDER directing the parties to submit their estimates of the time needed to complete discovery not later than 04/07/10, etc. Signed by Magistrate Judge Claire C. Cecchi on 3/22/10. (nc, ) (Entered: 03/22/2010)

RECAP
13 March 23, 2010

SUMMONS Returned Executed by DONELL L. PRINCE. ATTORNEY GENERAL, STATE OF NEW JERSEY served on 2/24/2010, answer due 3/17/2010; BERGEN COUNTY JAIL IN CITY OF HACKENSACK served on 3/5/2010, answer due 3/26/2010; BERGEN COUNTY MUNICIPAL COURT served on 3/3/2010, answer due 3/24/2010; BERGEN COUNTY PROSECUTOR served on 3/3/2010, answer due 3/24/2010; PROSECUTOR OSTONI OF BERGEN COUNTY PROSECUTOR OFFICE served on 3/5/2010, answer due 3/26/2010. (nr, ) (Entered: 03/24/2010)

RECAP
14 March 23, 2010

Summons Returned Unexecuted by DONELL L. PRINCE as to BERGEN COUNTY MUNICIPAL COURT, MOHAMMAD MALLICK M.D., PUUDIMAMUTHXUDA M.D.. (nr, ) (Entered: 03/24/2010)

RECAP
16 March 23, 2010

SUMMONS Returned Executed by DONELL L. PRINCE. THOMAS AIELLOS served on 3/8/2010, answer due 3/29/2010; JANICE BEHNKE served on 3/11/2010, answer due 4/1/2010; BERGEN REGIONAL MEDICAL CENTER served on 3/8/2010, answer due 3/29/2010; A. FERRAOILI served on 3/8/2010, answer due 3/29/2010; J. GERVASI served on 3/8/2010, answer due 3/29/2010; A. GUTIERREZ served on 3/8/2010, answer due 3/29/2010; HACKENSACK MUNICIPAL COURT served on 2/24/2010, answer due 3/17/2010; HACKENSACK POLICE DEPARTMENT served on 3/8/2010, answer due 3/29/2010; W. INGLIMA served on 3/8/2010, answer due 3/29/2010; LEE served on 3/8/2010, answer due 3/29/2010; ELIZABETH P. served on 3/8/2010, answer due 3/29/2010; E. SCHIFFMAN, M.D. served on 3/9/2010, answer due 3/30/2010; C. TOOMEY served on 3/8/2010, answer due 3/29/2010; A. TREZZA served on 2/24/2010, answer due 3/17/2010. (nr, ) (Entered: 03/24/2010)

RECAP
15 March 24, 2010

Letter from Kenneth Hayes, Esq.. (HAYES, KENNETH) (Entered: 03/24/2010)

RECAP
17 March 25, 2010

Bergen County Jail ANSWER to Complaint with Jury Demand, CROSSCLAIM against THOMAS AIELLOS, JANICE BEHNKE by BERGEN COUNTY JAIL IN CITY OF HACKENSACK. (Attachments: # 1 Certificate of Service)(GATLIN, KAREN) (Entered: 03/25/2010)

RECAP
18 March 30, 2010

First MOTION for Extension of Time to File Answer by BERGEN COUNTY MUNICIPAL DIVISION. (Attachments: # 1 Statement, # 2 Text of Proposed Order, # 3 Certification, # 4 Certificate of Service)(LANGFITT, V.) (Entered: 03/30/2010)

RECAP
19 March 30, 2010

Certified mail return receipt (nr, ) (Entered: 04/05/2010)

RECAP
March 30, 2010

Set Deadlines as to 18 First MOTION for Extension of Time to File Answer. Motion set for 5/3/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

March 30, 2010

Set Deadlines as to 18 First MOTION for Extension of Time to File Answer. Motion reset for 5/3/2010 10:00 AM before Magistrate Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

20 April 5, 2010

NOTICE of Appearance by KENNETH HAYES on behalf of BERGEN REGIONAL MEDICAL CENTER (HAYES, KENNETH) (Entered: 04/05/2010)

RECAP
21 April 5, 2010

MOTION to Dismiss by BERGEN REGIONAL MEDICAL CENTER. (Attachments: # 1 Brief In support of motion to dismiss)(HAYES, KENNETH) (Entered: 04/05/2010)

RECAP
22 April 5, 2010

MOTION to Dismiss by BERGEN REGIONAL MEDICAL CENTER. (HAYES, KENNETH) (Entered: 04/05/2010)

RECAP
23 April 5, 2010

MOTION to Dismiss by BERGEN REGIONAL MEDICAL CENTER. (HAYES, KENNETH) (Entered: 04/05/2010)

RECAP
25 April 5, 2010

MOTION for Extension of Time to File Answer by BERGEN COUNTY MUNICIPAL DIVISION. (Attachments: # 1 Text of Proposed Order)(nr, ) (Entered: 04/06/2010)

RECAP
April 5, 2010

Set Deadlines as to 25 MOTION for Extension of Time to File Answer. Motion set for 5/3/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

April 5, 2010

Set Deadlines as to 25 MOTION for Extension of Time to File Answer, 21 MOTION to Dismiss. Motion set for 5/3/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

24 April 6, 2010

LETTER ORDER directing the pltf. to move for default and default judgment within 10 days of this order. Signed by Judge Jose L. Linares on 04/05/2010. (nr, ) (Entered: 04/06/2010)

RECAP
26 April 6, 2010

Letter from Counsel for Bergen County Jail re 21 MOTION to Dismiss, 22 MOTION to Dismiss. (Attachments: # 1 Certification, # 2 Certificate of Service)(GATLIN, KAREN) (Entered: 04/06/2010)

RECAP
27 April 6, 2010

ANSWER to Crossclaim of Bergen County Jail in City of Hackensack by CARE PLUS NEW JERSEY INC., E. FAHEY, MA.. (Attachments: # 1 Certificate of Service)(PRUTTING, GEORGE) (Entered: 04/06/2010)

RECAP
28 April 6, 2010

ORDER granting pltf's 9 Motion for Extension of Time to serve summons and complt.. Signed by Magistrate Judge Claire C. Cecchi on 04/06/2010. (nr, ) (Entered: 04/07/2010)

RECAP
34 April 6, 2010

Letter from Donell L. Prince advising the Court that he intends on filing an amended complt. (nr, ) (Entered: 04/08/2010)

RECAP
29 April 7, 2010

NOTICE of Appearance by KENNETH HAYES on behalf of BERGEN REGIONAL MEDICAL CENTER (HAYES, KENNETH) (Entered: 04/07/2010)

RECAP
30 April 7, 2010

MOTION for Extension of Time to File Answer by BERGEN REGIONAL MEDICAL CENTER. (Attachments: # 1 Declaration In support of motion to extend time to answer or otherwise plead, # 2 Text of Proposed Order)(HAYES, KENNETH) (Entered: 04/07/2010)

RECAP
31 April 7, 2010

DECLARATION re 21 MOTION to Dismiss by BERGEN REGIONAL MEDICAL CENTER. (HAYES, KENNETH) (Entered: 04/07/2010)

RECAP
32 April 7, 2010

DECLARATION re 21 MOTION to Dismiss by BERGEN REGIONAL MEDICAL CENTER. (HAYES, KENNETH) (Entered: 04/07/2010)

RECAP
April 7, 2010

Set Deadlines as to 21 MOTION to Dismiss. Motion set for 5/3/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

April 7, 2010

CLERKS QUALITY CONTROL MESSAGE - The Declarations Doc. Nos. 22 & 23 filed by K. HAYES on 4/5/2010 was submitted incorrectly as a Motion. PLEASE RESUBMIT THE Declaration USING Declaration. This submission will remain on the docket unless otherwise ordered by the court. (nr, )

April 7, 2010

Set Deadlines as to 30 MOTION for Extension of Time to File Answer. Motion set for 5/3/2010 10:00 AM before Magistrate Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

33 April 8, 2010

Letter re 12 Order, Set/Clear Flags. (GATLIN, KAREN) (Entered: 04/08/2010)

RECAP
35 April 8, 2010

Letter. (LANGFITT, V.) (Entered: 04/08/2010)

RECAP
36 April 13, 2010

MOTION for Extension of Time to File Answer by DONELL L. PRINCE. (Attachments: # 1 Certification, # 2 Text of Proposed Order, # 3 Letter)(nr, ) (Entered: 04/14/2010)

RECAP
37 April 13, 2010

LETTER ORDER directing the pltf. to move for default judgment within 10 days of this order. Signed by Judge Jose L. Linares on 04/13/2010. (nr, ) (Entered: 04/14/2010)

RECAP
April 13, 2010

Set Deadlines as to 36 MOTION for Extension of Time to File Answer. Motion set for 5/3/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

38 April 15, 2010

Letter from Kenneth Hayes, Esq.. (HAYES, KENNETH) (Entered: 04/15/2010)

RECAP
39 April 16, 2010

Letter from George A. Prutting, Jr. re 21 MOTION to Dismiss. (Attachments: # 1 Certification, # 2 Text of Proposed Order, # 3 Certificate of Service)(PRUTTING, GEORGE) (Entered: 04/16/2010)

RECAP
40 April 23, 2010

ORDER granting 21 Motion to Dismiss the amended compl. as to Bergen Regional Medical Center, Bergen County Jail, E. Fahey and Care Plus NJ, Inc; denying pltf's 36 Motion for Extension of Time to Answer. Signed by Judge Jose L. Linares on 04/23/2010. (nr, ) (Entered: 04/23/2010)

RECAP
41 April 26, 2010

Certification in opposition to motion to dismiss by DONELL L. PRINCE. (Attachments: # 1 Letter, # 2 Text of Proposed Order)(nr, ) (Entered: 04/27/2010)

RECAP
42 May 4, 2010

REPLY BRIEF to Opposition to Motion re 30 MOTION for Extension of Time to File Answer filed by BERGEN REGIONAL MEDICAL CENTER. (HAYES, KENNETH) (Entered: 05/04/2010)

RECAP
May 4, 2010

CLERK'S QUALITY CONTROL MESSAGE - KENNETH HAYES has designated as confidential materials and restricted access to the #42 REPLY BRIEF to Opposition to Motion filed on 5/4/10. This document does not appear to be the subject of a motion or order. Please submit a certification stating that this document is to be marked Confidential Material or that this document's access was restricted in error. Please be advised, pursuant to Local Civil Rule 5.3, you must file a motion for leave to have a document sealed. (dc, )

43 May 6, 2010

MOTION to Dismiss by LEE. Responses due by 5/24/2010 (Attachments: # 1 Certification Of Counsel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Brief Of Counsel, # 8 Certificate of Service, # 9 Text of Proposed Order, # 10 Notice of Motion)(MALAGIERE, RICHARD) (Entered: 05/06/2010)

RECAP
May 6, 2010

Set Deadlines as to 43 MOTION to Dismiss. Motion set for 6/7/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

44 May 7, 2010

Letter from Vincent L. Galasso, Esq.. (GALASSO, VINCENT) (Entered: 05/07/2010)

RECAP
45 May 7, 2010

MOTION granting relief from a judgment or order by DONELL L. PRINCE. (Attachments: # 1 Certification Donell L. Prince)(nr, ) (Additional attachment(s) added on 5/7/2010: # 2 Exhibit) (nr, ). (Additional attachment(s) added on 5/7/2010: # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (nr, ). (Additional attachment(s) added on 5/7/2010: # 7 Text of Proposed Order) (nr, ). (Entered: 05/07/2010)

RECAP
May 7, 2010

Set Deadlines as to 45 MOTION granting relief from a judgment or order. Motion set for 6/7/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

46 May 10, 2010

Joint MOTION to Dismiss PURSUANT TO F.R.CIV.P12(b)(6) by THOMAS AIELLOS. Responses due by 6/7/2010 (GALASSO, VINCENT) (Entered: 05/10/2010)

RECAP
47 May 10, 2010

Letter from Vincent L. Galasso re 46 Joint MOTION to Dismiss PURSUANT TO F.R.CIV.P12(b)(6). (GALASSO, VINCENT) (Entered: 05/10/2010)

RECAP
48 May 10, 2010

ORDER extending deft. Bergen Regional Medical Center's time to answer to 6/10/2010. Signed by Magistrate Judge Claire C. Cecchi on 05/10/2010. (nr, ) (Entered: 05/10/2010)

RECAP
49 May 10, 2010

ORDER extending deft. Superior Court of New Jersey's time to answer for a period of 30 days. Signed by Magistrate Judge Claire C. Cecchi on 05/10/2010. (nr, ) (Entered: 05/10/2010)

RECAP
May 10, 2010

Set Deadlines as to 46 Joint MOTION to Dismiss PURSUANT TO F.R.CIV.P12(b)(6). Motion set for 6/7/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

50 May 12, 2010

BRIEF in Opposition re 45 MOTION granting relief from a judgment or order filed by BERGEN REGIONAL MEDICAL CENTER. (HAYES, KENNETH) (Entered: 05/12/2010)

RECAP
51 May 13, 2010

Letter from Counsel for Bergen County Jail. (Attachments: # 1 Certification, # 2 Certificate of Service)(GATLIN, KAREN) (Entered: 05/13/2010)

RECAP
52 May 14, 2010

RESPONSE in Opposition re 45 MOTION granting relief from a judgment or order filed by CARE PLUS NEW JERSEY INC., E. FAHEY, MA.. (Attachments: # 1 Certification, # 2 Exhibit, # 3 Certificate of Service)(PRUTTING, GEORGE) (Entered: 05/14/2010)

RECAP
53 May 19, 2010

Rule 7.1 Letter for extension of return date re 46 Joint MOTION to Dismiss PURSUANT TO F.R.CIV.P12(b)(6), 45 MOTION granting relief from a judgment or order, 43 MOTION to Dismiss filed by DONELL L. PRINCE. (nr, ) (Entered: 05/20/2010)

RECAP
54 May 20, 2010

MOTION for leave to file an amend complt. by DONELL L. PRINCE. (Attachments: # 1 Certification, # 2 Text of Proposed Order, # 3 Exhibit)(nr, ) (Entered: 05/20/2010)

RECAP
55 May 20, 2010

First MOTION for Extension of Time to File Answer by BERGEN COUNTY PROSECUTOR. (Attachments: # 1 Certification Certification of Michael F. Nestor, Esq., # 2 Certificate of Service, # 3 Text of Proposed Order)(POSITAN, WAYNE) (Entered: 05/20/2010)

RECAP
May 20, 2010

Set Deadlines as to 54 MOTION to Amend/Correct. Motion set for 6/21/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

May 20, 2010

Set Deadlines as to 55 First MOTION for Extension of Time to File Answer. Motion set for 6/21/2010 10:00 AM before Magistrate Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

56 May 25, 2010

LETTER ORDER granting pltf's request for an automatic extension on dispositive motion; motion now returnable on 6/21/2010. Signed by Judge Jose L. Linares on 05/24/2010. (nr, ) (Entered: 05/25/2010)

RECAP
57 June 3, 2010

NOTICE of Appearance by RICHARD MALAGIERE on behalf of W. INGLIMA (Attachments: # 1 Cover Letter)(MALAGIERE, RICHARD) (Entered: 06/03/2010)

RECAP
58 June 4, 2010

BRIEF in Opposition re 54 MOTION to Amend/Correct filed by CARE PLUS NEW JERSEY INC., E. FAHEY, MA.. (Attachments: # 1 Exhibit A & B, # 2 Certificate of Service)(PRUTTING, GEORGE) (Entered: 06/04/2010)

RECAP
59 June 7, 2010

Letter from Donnell L. Prince in opposition to defts. motion to dismiss (nr, ) (Entered: 06/08/2010)

RECAP
62 June 8, 2010

Certification in support of leave to amend complt. on behalf of DONELL L. PRINCE. (nr, ) (Entered: 06/09/2010)

RECAP
63 June 8, 2010

Summons Returned Unexecuted by DONELL L. PRINCE as to GAIL PIETRSLA, STERLING M.D.. (Attachments: # 1 Summons)(nr, ) (Entered: 06/09/2010)

RECAP
64 June 8, 2010

SUMMONS Returned Executed on Lt. Plunket & Internal Affairs Captain Walsh by certified mail by DONELL L. PRINCE. (nr, ) Modified on 6/10/2010 (nr, ). (Entered: 06/10/2010)

RECAP
60 June 9, 2010

MOTION to Dismiss by BERGEN COUNTY MUNICIPAL DIVISION. (Attachments: # 1 Certificate of Service, # 2 Brief, # 3 Text of Proposed Order)(LANGFITT, V.) (Entered: 06/09/2010)

RECAP
61 June 9, 2010

First MOTION to Dismiss by BERGEN COUNTY PROSECUTOR. (Attachments: # 1 Brief Brief in Support of Notice of Motion to Dismiss, # 2 Certification Certification of Elizabeth Y. Moon, # 3 Text of Proposed Order, # 4 Certificate of Service)(POSITAN, WAYNE) (Entered: 06/09/2010)

RECAP
June 9, 2010

Set Deadlines as to 61 First MOTION to Dismiss, 60 MOTION to Dismiss. Motion set for 7/6/2010 10:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

65 June 10, 2010

Letter from Kenneth Hayes, Esq.. (HAYES, KENNETH) (Entered: 06/10/2010)

RECAP
66 June 10, 2010

Letter from Counsel for Bergen County Jail. (GATLIN, KAREN) (Entered: 06/10/2010)

RECAP
67 June 14, 2010

BRIEF in Opposition re 54 MOTION to Amend/Correct filed by BERGEN COUNTY PROSECUTOR. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(POSITAN, WAYNE) (Entered: 06/14/2010)

RECAP
68 June 14, 2010

REPLY BRIEF to Opposition to Motion re 43 MOTION to Dismiss filed by JANICE BEHNKE, BERGEN COUNTY MUNICIPAL COURT, BERGEN COUNTY MUNICIPAL DIVISION, J. GERVASI, T. GERVASI, HACKENSACK MUNICIPAL COURT, HACKENSACK POLICE DEPARTMENT, W. INGLIMA, LEE, ELIZABETH P., PLUNKETT, C. TOOMEY, A. TREZZA, WALSH. (MALAGIERE, RICHARD) (Entered: 06/14/2010)

RECAP
69 June 15, 2010

Letter from Donell L. Prince in response to the letter dated June 3, 2010 regarding motion to dismiss (nr, ) (Entered: 06/16/2010)

RECAP
70 June 15, 2010

Rule 7.1 Letter for extension of return date re 61 First MOTION to Dismiss, 60 MOTION to Dismiss filed by DONELL L. PRINCE. (nr, ) (Entered: 06/16/2010)

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71 June 15, 2010

RESPONSE to opposition to pltf's motion to amend complt.by Donell Prince (nr, ) (Entered: 06/16/2010)

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72 June 22, 2010

ORDER granting Bergen Prosecutor Defts. motion for extension of time to answer to 7/12/2010. Signed by Magistrate Judge Claire C. Cecchi on 06/21/2010. (nr, ) (Entered: 06/22/2010)

RECAP
74 July 7, 2010

SUMMONS Returned Executed by DONELL L. PRINCE. ATTORNEY GENERAL, STATE OF NEW JERSEY served on 6/11/2010, answer due 6/25/2010. (nr, ) (Entered: 07/10/2010)

RECAP
73 July 8, 2010

Certification in opposition to defts' motion to dismiss on behalf of DONELL L. PRINCE. (nr, ) (Entered: 07/10/2010)

RECAP
75 July 12, 2010

MOTION to Dismiss by BERGEN COUNTY PROSECUTOR. (POSITAN, WAYNE) (Entered: 07/12/2010)

RECAP
76 July 13, 2010

MOTION for Extension of Time to File Response/Reply by BERGEN COUNTY MUNICIPAL DIVISION. (LANGFITT, V.) (Entered: 07/13/2010)

RECAP
77 July 13, 2010

BRIEF in Support re 61 First MOTION to Dismiss filed by BERGEN COUNTY PROSECUTOR. (Attachments: # 1 Certification, # 2 Certificate of Service)(POSITAN, WAYNE) (Entered: 07/13/2010)

RECAP
78 July 14, 2010

REPLY BRIEF to Opposition to Motion re 60 MOTION to Dismiss filed by BERGEN COUNTY MUNICIPAL DIVISION. (LANGFITT, V.) (Entered: 07/14/2010)

RECAP
79 July 14, 2010

ORDER denying 43 Motion to Dismiss ; denying 46 Motion to Dismiss ; granting 54 Motion to file an amended complt.; denying 60 Motion to Dismiss ; denying 61 Motion to Dismiss; granting pltf's motion to vacate this Court's April 23, 2010 order;. Signed by Judge Jose L. Linares on 07/12/2010. (nr, ) (Entered: 07/15/2010)

RECAP
80 July 16, 2010

SUMMONS Returned Executed by DONELL L. PRINCE. on 2/24/2010 on Hackensack Municipal Court (nr, ) (Entered: 07/17/2010)

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81 July 16, 2010

Letter from Donell L. Prince requesting that his papers filed filed on 7/7/2010 be accepted one day late (nr, ) (Entered: 07/17/2010)

RECAP
82 July 16, 2010

Request for Default by DONELL L. PRINCE against E. Shiffman, M.D. for fialure to appear (nr, ) (Entered: 07/17/2010)

RECAP
July 20, 2010

Clerk's ENTRY OF DEFAULT as to E. SHIFFMAN (mn, )

Case Details

State / Territory:

New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 23, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a private citizen who alleges his arrest and confinement to a mental institution were founded in animus on the part of the local police and courts, and not in criminal activity.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Hackensack Police Department

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Criminal Violation of Federal Rights Under Color of Law, 18 U.S.C. § 242

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

District of New Jersey 2:09-cv-05429

U.S. Court of Appeals for the Third Circuit 14-01149

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Fines/Fees/Bail/Bond

Racial profiling

Search policies

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

Excessive force

False arrest

Recommended Citation