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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 attrorneys, see: https://www.courtlistener.com/docket/5779186/parties/prince-v-aiellos/


Judge(s)

Allen, Jessie (New York)

Hammer, Michael A (New Jersey)

Hardiman, Thomas Michael (Pennsylvania)

Linares, Jose L. (New Jersey)

Vazquez, John Michael (New Jersey)

Attorneys(s) for Plaintiff

Prince, Donell (New Jersey)

Sicheri, William August Anthony (New Jersey)

Attorneys(s) for Defendant

Ayes, Mitchell Ryan (New Jersey)

Del Bove, Christopher Smith (New Jersey)

Eder, Reid Harlan (New York)

Judge(s)

Allen, Jessie (New York)

Hammer, Michael A (New Jersey)

Hardiman, Thomas Michael (Pennsylvania)

Linares, Jose L. (New Jersey)

Vazquez, John Michael (New Jersey)

Attorneys(s) for Plaintiff

Prince, Donell (New Jersey)

Sicheri, William August Anthony (New Jersey)

Attorneys(s) for Defendant

Ayes, Mitchell Ryan (New Jersey)

Del Bove, Christopher Smith (New Jersey)

Eder, Reid Harlan (New York)

Flanagan, Brian G. (New Jersey)

Galasso, Vicent L. (New Jersey)

Gatlin, Karen Boe (New Jersey)

Hayes, Kenneth (New Jersey)

Klasna, Chad Lee (New Jersey)

Kundla, Mark Stewart (New Jersey)

Langfitt, V. Nicole (New Jersey)

Lubin, Jesse D (New Jersey)

Malagiere, Richard (New Jersey)

Mclaughlin, Lucinda Jordan (New Jersey)

Nunez, Xavier A (New Jersey)

Positan, Wayne J. (New Jersey)

Prutting, George A. (New Jersey)

Expert/Monitor/Master

Tobia, Patrick D. (New Jersey)

Documents in the Clearinghouse

Document

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
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
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 Dec. 3, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
117

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

Oct. 12, 2010

Oct. 12, 2010

RECAP
137

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

Dec. 22, 2010

Dec. 22, 2010

RECAP
187

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

May 22, 2012

May 22, 2012

RECAP
201

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, )

July 10, 2012

July 10, 2012

RECAP
246

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

Dec. 20, 2013

Dec. 20, 2013

RECAP
374

Brief

1 EXHIBITS

View on PACER

May 9, 2018

May 9, 2018

PACER
375

Letter

May 14, 2018

May 14, 2018

PACER
376

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

May 14, 2018

May 14, 2018

PACER
377

Order

May 15, 2018

May 15, 2018

PACER
378

Affidavit

May 15, 2018

May 15, 2018

PACER
379

Certification

May 16, 2018

May 16, 2018

PACER
380

Response (NOT Motion)

1 Certificate of Service

View on PACER

May 18, 2018

May 18, 2018

PACER
382

Notice (Other)

1 Subpoena

View on PACER

2 Exhibit

View on PACER

May 22, 2018

May 22, 2018

PACER
383

Miscellaneous Hearing

May 23, 2018

May 23, 2018

PACER
409

Letter

Nov. 15, 2019

Nov. 15, 2019

PACER
412

Memorandum in Opposition of Motion

1 Certificate of Service

View on PACER

Dec. 2, 2019

Dec. 2, 2019

PACER
416

Mail Returned

Jan. 21, 2020

Jan. 21, 2020

PACER

Remark (public)

Feb. 5, 2020

Feb. 5, 2020

PACER
417

Stay

1 Certification

View on PACER

2 Third Circuit Filings

View on PACER

Feb. 7, 2020

Feb. 7, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Feb. 7, 2020

Feb. 7, 2020

PACER
418

Memorandum in Opposition of Motion

Feb. 18, 2020

Feb. 18, 2020

PACER
419

Order on Motion to Stay

March 11, 2020

March 11, 2020

PACER
420

Certified Mail Receipt Returned

March 24, 2020

March 24, 2020

PACER

Order

April 24, 2020

April 24, 2020

PACER
422

Certificate of Service

April 30, 2020

April 30, 2020

PACER
423

Proposed Jury Instructions

April 30, 2020

April 30, 2020

PACER
424

Proposed Voir Dire

April 30, 2020

April 30, 2020

PACER
425

Proposed Jury Instructions

May 21, 2020

May 21, 2020

PACER

Order

July 13, 2020

July 13, 2020

PACER
427

Status Conference

July 15, 2020

July 15, 2020

RECAP

Case Assigned/Reassigned

Feb. 19, 2021

Feb. 19, 2021

PACER
428

Letter

Nov. 30, 2021

Nov. 30, 2021

PACER

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

Hackensack Police Department, State

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

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

False arrest

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Racial profiling

Search policies

Discrimination-basis:

Race discrimination

Race:

Black