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 Aug. 21, 2026, 5:24 a.m.

Docket for: PRINCE v. AIELLOS
ECF Number Date Description Link
117 Oct. 12, 2010

OPINION. Signed by Judge Jose L. Linares on 10/08/2010. (nr, )

RECAP
137 Dec. 22, 2010

OPINION. Signed by Judge Jose L. Linares on 12/21/2010. (nr, )

RECAP
187 May 22, 2012

OPINION. Signed by Magistrate Judge Michael A. Hammer on 5/22/2012. (nr, )

RECAP
201 July 10, 2012

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying pltf's motion for leave to file an amended complt. and stay discovery. Signed by Judge Jose L. Linares on 7/10/2012. (nr, )

RECAP
246 Dec. 20, 2013

OPINION. Signed by Judge Jose L. Linares on 12/20/2013. (nr, )

RECAP
283 June 2, 2015

Stay

RECAP
June 2, 2015

Set/Reset Motion and R&R Deadlines/Hearings

284 June 24, 2015

Notice of Appearance

RECAP
285 July 1, 2015

Letter

RECAP
286 July 13, 2015

Order on Motion to Stay

RECAP
337 Nov. 10, 2016

Certification

RECAP
338 Nov. 15, 2016

Letter

RECAP
Nov. 21, 2016

Order

340 Dec. 1, 2016

Letter

RECAP
341 Dec. 2, 2016

Discovery

RECAP
342 Dec. 5, 2016

Proposed Pretrial Order

RECAP
Dec. 5, 2016

Set/Reset Motion and R&R Deadlines/Hearings

343 Dec. 6, 2016

Order on Motion for Discovery

RECAP
344 Dec. 8, 2016

Letter

RECAP
345 Dec. 19, 2016

Letter

RECAP
346 Jan. 3, 2017

Mail Returned

RECAP
347 Feb. 1, 2017

Proposed Pretrial Order

RECAP
348 Feb. 3, 2017

Proposed Pretrial Order

RECAP
349 March 22, 2017

Notice of Appearance

RECAP
350 March 31, 2017

Letter

RECAP
April 7, 2017

Order

352 April 28, 2017

Letter

RECAP
353 May 17, 2017

Order

RECAP
354 May 22, 2017

Mail Returned

RECAP
355 May 22, 2017

Mail Returned

RECAP
356 May 22, 2017

Mail Returned

RECAP
357 June 2, 2017

Proposed Pretrial Order

RECAP
358 June 2, 2017

Exhibit (to Document)

RECAP
June 13, 2017

Order

360 June 23, 2017

Letter

RECAP
June 30, 2017

Order

July 18, 2017

Status Conference

362 July 19, 2017

Pretrial Order

RECAP
363 Nov. 16, 2017

Letter

RECAP
364 March 20, 2018

Scheduling Order

RECAP
365 April 4, 2018

Letter

RECAP
April 6, 2018

Set/Reset Hearings

April 6, 2018

Order

374 May 9, 2018

Brief

1 EXHIBITS

View on PACER

RECAP
375 May 14, 2018

Letter

RECAP
376 May 14, 2018

Response (NOT Motion)

1 Declaration of Mitchell Ayes

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Certificate of Service

View on PACER

RECAP
377 May 15, 2018

Order

RECAP
378 May 15, 2018

Affidavit

RECAP
379 May 16, 2018

Certification

RECAP
380 May 18, 2018

Response (NOT Motion)

1 Certificate of Service

View on PACER

RECAP
382 May 22, 2018

Notice (Other)

1 Subpoena

View on PACER

2 Exhibit

View on PACER

RECAP
383 May 23, 2018

Miscellaneous Hearing

RECAP
409 Nov. 15, 2019

Letter

RECAP
412 Dec. 2, 2019

Memorandum in Opposition of Motion

1 Certificate of Service

View on PACER

RECAP
416 Jan. 21, 2020

Mail Returned

RECAP
Feb. 5, 2020

Remark (public)

417 Feb. 7, 2020

Stay

1 Certification

View on PACER

2 Third Circuit Filings

View on PACER

RECAP
Feb. 7, 2020

Set/Reset Motion and R&R Deadlines/Hearings

418 Feb. 18, 2020

Memorandum in Opposition of Motion

RECAP
419 March 11, 2020

Order on Motion to Stay

RECAP
420 March 24, 2020

Certified Mail Receipt Returned

RECAP
April 24, 2020

Order

422 April 30, 2020

Certificate of Service

RECAP
423 April 30, 2020

Proposed Jury Instructions

RECAP
424 April 30, 2020

Proposed Voir Dire

RECAP
425 May 21, 2020

Proposed Jury Instructions

RECAP
July 13, 2020

Order

427 July 15, 2020

Status Conference

RECAP
Feb. 19, 2021

Case Assigned/Reassigned

428 Nov. 30, 2021

Letter

RECAP
Sept. 20, 2023

Order Reassigning Case

430 Jan. 31, 2024

Letter

RECAP
431 Feb. 5, 2024

Letter

RECAP
432 May 7, 2024

Letter

RECAP
433 May 28, 2024

Order AND ~Util - Set Deadlines/Hearings

RECAP
434 June 14, 2024

Letter

RECAP
435 June 14, 2024

Scheduling Order

RECAP
June 14, 2024

Status Conference

436 June 28, 2024

Notice of Appearance

RECAP
July 12, 2024

Text Order AND ~Util - Set Hearings

July 12, 2024

Status Conference

438 Sept. 23, 2024

Letter

RECAP
Sept. 24, 2024

Order

Sept. 25, 2024

Status Conference AND ~Util - Set Hearings

Sept. 25, 2024

Order

442 Oct. 11, 2024

Status Report

RECAP
Dec. 10, 2024

Settlement Conference

Jan. 8, 2025

Order

445 Jan. 15, 2025

Letter

RECAP
446 Jan. 15, 2025

Order

RECAP
447 Jan. 22, 2025

Letter

RECAP
448 Jan. 27, 2025

Order

RECAP
449 Feb. 12, 2025

Substitution of Attorney

RECAP
450 Feb. 14, 2025

Letter

RECAP
451 Feb. 18, 2025

Order

RECAP
452 March 21, 2025

Response (NOT Motion)

RECAP
453 March 25, 2025

Letter

RECAP
454 March 28, 2025

Letter

RECAP
455 Feb. 17, 2026

Notice of Appearance

RECAP

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