Case: Kneisser v. McInerney

1:15-cv-07043 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 23, 2015

Clearinghouse coding complete

Case Summary

(This summary is temporary, while we research the case.)This is a case about a college student who was jailed for failing to pay a littering fine. In 2014, the plaintiff was fined $239 for throwing a cigarette butt from the window of his car. Unable to pay the fine by the due date, the plaintiff appeared before Burlington County Municipal Court Judge McInerney to plead guilty and request a payment plan or community service. Judge McInerney told the plaintiff to call someone who could help him p…

(This summary is temporary, while we research the case.)

This is a case about a college student who was jailed for failing to pay a littering fine.

In 2014, the plaintiff was fined $239 for throwing a cigarette butt from the window of his car. Unable to pay the fine by the due date, the plaintiff appeared before Burlington County Municipal Court Judge McInerney to plead guilty and request a payment plan or community service. Judge McInerney told the plaintiff to call someone who could help him pay. After the plaintiff said that he had no one to call to help him pay, Judge McInerney told the plaintiff that he would sentence him to five days in jail for refusing to pay. The plaintiff was arrested and placed in the Burlington Township Jail.

On September 23, 2015, the plaintiff filed this lawsuit in the United States District Court for the District of New Jersey. The plaintiff sued Judge McInerney, the Township of Burlington, the Burlington Municipal Court, and several court employees under 42 U.S.C. § 1983. Represented by the ACLU of New Jersey and private counsel, the plaintiff sought damages for violations of his constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments; a declaratory judgment that the Burlington Municipal Court's payment policy was unconstitutional; and injunctive relief to prevent further implementation of the policy. The case was assigned to Judge Hillman and referred to Magistrate Judge Ann Marie Donio.

In May of 2017, the parties filed dueling motions for summary judgment. On March 30, 2018, Judge Hillman granted summary judgment for the plaintiff on his claims of constitutional violations against the Township of Burlington. However, Judge Hillman declined to grant summary judgment on the plaintiff's claims against defendant Judge McInerney individually, citing unresolved factual disputes. 2018 WL 1586033.

Judge Hillman noted that "irrefutable evidence" showed the plaintiff's constitutional rights were violated when his indigent status was disregarded by the court, when his fine-only penalty was converted into a jail term, and when he was searched and placed in a jail cell. Further, Judge Hillman held that the court's payment policy and practice effectively extorted payment from family or friends of indigent defendants and violated their constitutional rights "every step of the way." 2018 WL 1586033.

An in-person settlement conference before Magistrate Judge Ann Marie Donio was scheduled for May 18, 2018. On June 25, 2018, Judge Hillman issued an order administratively terminating the case, noting that the parties had agreed to a settlement. The terms of the settlement were not filed with the court or made public, but according to media reports, the settlement agreement awarded the plaintiff $180,000. On August 30, 2018, Judge Hillman dismissed the case with prejudice and without costs.

 

Summary Authors

Ethan Haughie (3/16/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4312196/parties/kneisser-v-mcinerney/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

1-10, JOHN DOES (New Jersey)

AVERSA, ROBYN LYNN (New Jersey)

DELLICATO, WILLIAM M. (New Jersey)

ESMERADO, DENISE ERRICO (New Jersey)

GANNON, CHRISTIAN H. (New Jersey)

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Documents in the Clearinghouse

Document
1

1:15-cv-07043

Complaint

Sept. 23, 2015

Sept. 23, 2015

Complaint
9

1:15-cv-07043

Answer to Count VII of Plaintiff's Complaint, Separate Defenses, Demand for Affidavits of Merit and Demand for Jury Trial of Defendant the Honorable Dennis P. McInereney, Individually

Dec. 9, 2015

Dec. 9, 2015

Pleading / Motion / Brief
34

1:15-cv-07043

Notice of Motion for Summary Judgement of Defendants Burlington Township

May 16, 2017

May 16, 2017

Pleading / Motion / Brief
54

1:15-cv-07043

Opinion

March 30, 2018

March 30, 2018

Order/Opinion

2018 WL 2018

65

1:15-cv-07043

Order 60-Day Administrative Termination

June 25, 2018

June 25, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4312196/kneisser-v-mcinerney/

Last updated Feb. 23, 2024, 4:54 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DENNIS P. MCINERNEY, TOWNSHIP OF BURLINGTON, TOWNSHIP OF BURLINGTON MUNICIPAL COURT ( Filing and Admin fee $ 400 receipt number 0312-6657075) with JURY DEMAND, filed by ANTHONY KNEISSER. (Attachments: # 1 Civil Cover Sheet)(jbk, ) (Entered: 09/24/2015)

1 Civil Cover Sheet

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Sept. 23, 2015

Sept. 23, 2015

Clearinghouse
2

SUMMONS ISSUED as to DENNIS P. MCINERNEY, TOWNSHIP OF BURLINGTON, TOWNSHIP OF BURLINGTON MUNICIPAL COURT Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *JAIME KASSELMAN* (jbk, ) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
3

AFFIDAVIT of Service Summons and Complaint served on Rosa Henry on 10/15/2015, filed by ANTHONY KNEISSER. (KNEISSER, MARGUERITE) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
4

CERTIFICATE OF SERVICE by ANTHONY KNEISSER Summons and Complaint, AFFIDAVIT of Service Summons and Complaint served on Walter Corter on 10/15/2015, filed by ANTHONY KNEISSER. (KNEISSER, MARGUERITE) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
5

AFFIDAVIT of Service for Summons and Complaint served on Walter Corter on 10/15/2015, filed by ANTHONY KNEISSER. (KNEISSER, MARGUERITE) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
6

Exhibit to 1 Complaint, by ANTHONY KNEISSER. (KNEISSER, MARGUERITE) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
7

CONSENT ORDER EXTENDING TIME TO ANSWER. HON. DENNIS P. MCINERNEY shall respond to the Complaint by 12/15/2015. Signed by Magistrate Judge Ann Marie Donio on 12/7/2015. (drw) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
8

NOTICE of Appearance by JOHN L. SLIMM on behalf of DENNIS P. MCINERNEY (SLIMM, JOHN) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
9

ANSWER to Complaint with JURY DEMAND to Count VII by DENNIS P. MCINERNEY. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(SLIMM, JOHN) (Entered: 12/09/2015)

1 Civil Cover Sheet

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2 Certificate of Service

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Dec. 9, 2015

Dec. 9, 2015

Clearinghouse
10

Order setting Initial Conference for 1/12/2016 @ 11:00 AM in Room 2010 before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 12/10/2015. (drw) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
11

CONSENT ORDER EXTENDING TIME TO ANSWER. Defts response to the Complaint due by 12/15/2015. Signed by Magistrate Judge Ann Marie Donio on 12/10/2015. (drw) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
12

ANSWER to Complaint by DENNIS P. MCINERNEY, TOWNSHIP OF BURLINGTON, TOWNSHIP OF BURLINGTON MUNICIPAL COURT.(TH, ) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

RECAP
13

Joint Discovery Plan by ANTHONY KNEISSER.(KNEISSER, MARGUERITE) (Entered: 12/30/2015)

Dec. 30, 2015

Dec. 30, 2015

PACER
14

TEXT ORDER: Upon the letter application of David M. Serlin, Esq., and for good cause shown, the initial scheduling conference on 1/12/2016 shall be, and is hereby, RESCHEDULED to 1/20/2016 at 9:45 AM. SO ORDERED by Magistrate Judge Ann Marie Donio on 1/4/2016. (slc) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
15

TEXT ORDER: Upon the letter request of Marguerite Kneisser, Esq., and for good cause shown, the 1/20/2016 initial scheduling conference shall be, and is hereby, RESCHEDULED to 1/19/2016 at 2:15 PM. SO ORDERED by Magistrate Judge Ann Marie Donio on 1/13/2016. (slc) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
16

TEXT ORDER: Upon the letter application of Marguerite Kneisser, Esq., and with consent of all counsel, the Initial Scheduling Conference on 1/19/2016 at 2:15 PM shall be conducted VIA TELEPHONE. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 1/19/2016. (slc) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
17

SCHEDULING ORDER: Telephone Status Conference set for 3/9/2016 @ 10:30 AM before Magistrate Judge Ann Marie Donio. Amended Pleadings due by 7/29/2016. Pretrial Factual Discovery due by 9/30/2016. Dispositive Motions due by 10/28/2016. Signed by Magistrate Judge Ann Marie Donio on 1/19/2016. (drw) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Initial Scheduling Conference held via phone on 1/19/2016. (sb)

Jan. 19, 2016

Jan. 19, 2016

PACER
18

TEXT ORDER: Telephone Conference set for 9/7/2016 at 11:30 AM before Magistrate Judge Ann Marie Donio. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 3/9/2016. (slc) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 3/9/2016. (sb)

March 9, 2016

March 9, 2016

PACER
19

TEXT ORDER: Due to the Court's calendar, the telephone conference on 9/7/2016 at 11:30 AM shall be, and is hereby, RESCHEDULED to 9/7/2016 at 2:45 PM before Magistrate Judge Ann Marie Donio. PLEASE NOTE THE CHANGE IN TIME. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 7/27/2016. (slc) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
20

AMENDED SCHEDULING ORDER: Telephone Status Conference set for 12/8/2016 11:30 AM before Magistrate Judge Ann Marie Donio. Dispositive Motions due by 1/13/2017. Pretrial Factual Discovery extended to 11/30/2016. Signed by Magistrate Judge Ann Marie Donio on 9/7/2016. (tf, ) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 9/7/2016. (sb)

Sept. 7, 2016

Sept. 7, 2016

PACER
21

NOTICE of Appearance by JEANNE LOCICERO on behalf of ANTHONY KNEISSER (LOCICERO, JEANNE) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
22

NOTICE of Appearance by ALEXANDER R. SHALOM on behalf of ANTHONY KNEISSER (SHALOM, ALEXANDER) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
23

TEXT ORDER: Telephone Conference set for 11/7/2016 at 2:00 PM before Magistrate Judge Ann Marie Donio. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 10/31/2016. (slc) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
24

TEXT ORDER: By consent of all parties, and for good cause shown, the application to extend the discovery deadlines set forth in the Court's Order of 9/7/2016 shall be, and is hereby, GRANTED. An Amended Scheduling Order shall issue. SO ORDERED by Magistrate Judge Ann Marie Donio on 11/7/2016. (slc) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
25

AMENDED SCHEDULING ORDER: Telephone Status Conference RESCHEDULED to 1/30/2017 10:30 AM before Magistrate Judge Ann Marie Donio. Pretrial Factual Discovery extended to 1/31/2017. Dispositive Motions due by 3/24/2017. Signed by Magistrate Judge Ann Marie Donio on 11/7/2016. (tf, ) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
26

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 11/7/2016. Order to be entered. (Court Reporter/Recorder ECR.) (tf, ) (Entered: 11/08/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
27

NOTICE of Appearance by ALEXI MACHEK VELEZ on behalf of ANTHONY KNEISSER (VELEZ, ALEXI) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
28

SCHEDULING ORDER: Dispositive Motions due by 4/13/2017. Signed by Magistrate Judge Ann Marie Donio on 1/30/2017. (tf, ) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

RECAP
29

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 1/30/2017. Order to be entered. (Court Reporter/Recorder ECR.) (tf, ) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
30

ORDER granting request extending the date for the filing of dispositive motions from April 13, 2017 to April 27, 2017; granting request for extension of time to answer Requests for Admissions. Signed by Magistrate Judge Ann Marie Donio on 3/2/2017. (tf, ) Modified on 3/3/2017 (tf, ). (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
31

ORDER extending the deadlines for dispositive motions from 4/27/2017 to 5/17/2017. Signed by Magistrate Judge Ann Marie Donio on 4/24/2017. (tf, ) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
32

First MOTION to Amend/Correct 1 Complaint, by ANTHONY KNEISSER. (Attachments: # 1 Notice of Motion for Leave to Amend, # 2 Certificate of Service Certificate of Service, # 3 Brief Plaintiff's Memo of Law in Support of Motion for Leave to Amend, # 4 Text of Proposed Order Plaintiff's Proposed Form of Order, # 5 Plaintiff's Exhibits In Support of Motion for Leave to Amend, # 6 Appendix Appendix Containing Plaintiff's Exhibits in Support of Motion for Leave to Amend, # 7 Supplement Plaintiff's Redlined Proposed First Amended Complaint)(VELEZ, ALEXI) (Entered: 05/10/2017)

1 Notice of Motion for Leave to Amend

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2 Certificate of Service Certificate of Service

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3 Brief Plaintiff's Memo of Law in Support of Motion for Leave to Amend

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4 Text of Proposed Order Plaintiff's Proposed Form of Order

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5 Plaintiff's Exhibits In Support of Motion for Leave to Amend

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6 Appendix Appendix Containing Plaintiff's Exhibits in Support of Motion for

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7 Supplement Plaintiff's Redlined Proposed First Amended Complaint

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May 10, 2017

May 10, 2017

Clearinghouse

Set/Reset Deadlines as to 32 First MOTION to Amend/Correct 1 Complaint, . Motion set for 6/5/2017 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )

May 11, 2017

May 11, 2017

PACER
33

MOTION for Summary Judgment by DENNIS P. MCINERNEY. Responses due by 6/5/2017 (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Affidavit, # 4 Statement, # 5 Brief, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13, # 19 Exhibit 14, # 20 Exhibit 15, # 21 Exhibit 16, # 22 Exhibit 17, # 23 Exhibit 18, # 24 Exhibit 19, # 25 Exhibit 20, # 26 Exhibit 21)(SLIMM, JOHN) (Entered: 05/16/2017)

1 Certificate of Service

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2 Text of Proposed Order

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3 Affidavit

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4 Statement

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5 Brief

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6 Exhibit 1

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7 Exhibit 2

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8 Exhibit 3

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9 Exhibit 4

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10 Exhibit 5

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11 Exhibit 6

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12 Exhibit 7

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13 Exhibit 8

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14 Exhibit 9

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15 Exhibit 10

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16 Exhibit 11

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17 Exhibit 12

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18 Exhibit 13

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19 Exhibit 14

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20 Exhibit 15

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21 Exhibit 16

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22 Exhibit 17

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23 Exhibit 18

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24 Exhibit 19

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25 Exhibit 20

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26 Exhibit 21

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May 16, 2017

May 16, 2017

PACER

Set/Reset Deadlines as to 33 MOTION for Summary Judgment . Motion set for 6/19/2017 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )

May 16, 2017

May 16, 2017

PACER
34

MOTION for Summary Judgment by JOHN DOES 1-10, DENNIS P. MCINERNEY, TOWNSHIP OF BURLINGTON, TOWNSHIP OF BURLINGTON MUNICIPAL COURT. Responses due by 6/5/2017 (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Summary Judgment, # 2 Certificate of Service Certificate of Service, # 3 Affidavit Affidavit of David M. Serlin in Support of Motion for Summary Judgment, # 4 Statement Statement of Undisputed Facts in Support of Motion for Summary Judgment, # 5 Civil Cover Sheet Brief Cover Sheet, # 6 Index Table of Contents/Authorities, # 7 Brief Brief in Support of Motion for Summary Judgment, # 8 Exhibit Exhibit 1, # 9 Exhibit Exhibit 2, # 10 Exhibit Exhibit 3, # 11 Exhibit Exhibit 4, # 12 Exhibit Exhibit 5, # 13 Exhibit Exhibit 6, # 14 Exhibit Exhibit 7, # 15 Exhibit Exhibit 8, # 16 Exhibit Exhibit 9, # 17 Exhibit Exhibit 10, # 18 Exhibit Exhibit 11, # 19 Exhibit Exhibit 12, # 20 Exhibit Exhibit 13, # 21 Exhibit Exhibit 14, # 22 Exhibit Exhibit 15, # 23 Exhibit Exhibit 16, # 24 Exhibit Exhibit 17, # 25 Exhibit Exhibit 18, # 26 Exhibit Exhibit 19, # 27 Exhibit Exhibit 20, # 28 Exhibit Exhibit 21, # 29 Exhibit Exhibit 22, # 30 Exhibit Exhibit 23, # 31 Exhibit Exhibit 24, # 32 Exhibit Exhibit 25, # 33 Exhibit Exhibit 26, # 34 Exhibit Exhibit 27, # 35 Exhibit Exhibit 28, # 36 Exhibit Exhibit 29, # 37 Exhibit Exhibit 30, # 38 Exhibit Exhibit 31, # 39 Exhibit Exhibit 32, # 40 Exhibit Exhibit 33, # 41 Exhibit Exhibit 34, # 42 Exhibit Exhibit 35, # 43 Exhibit Exhibit 36, # 44 Exhibit Exhibit 37, # 45 Exhibit Exhibit 38, # 46 Exhibit Exhibit 39, # 47 Exhibit Exhibit 40, # 48 Exhibit Exhibit 41, # 49 Exhibit Exhibit 42, # 50 Exhibit Exhibit 43, # 51 Exhibit Exhibit 44, # 52 Exhibit Exhibit 45, # 53 Exhibit Exhibit 46, # 54 Exhibit Exhibit 47, # 55 Exhibit Exhibit 48, # 56 Exhibit Exhibit 49, # 57 Exhibit Exhibit 50, # 58 Exhibit Exhibit 51, # 59 Exhibit Exhibit 52, # 60 Index Exhibit 53, # 61 Exhibit Exhibit 54, # 62 Exhibit Exhibit 55, # 63 Exhibit Exhibit 56, # 64 Exhibit Exhibit 57)(SERLIN, DAVID) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

Clearinghouse

Set/Reset Deadlines as to 34 MOTION for Summary Judgment . Motion set for 6/19/2017 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )

May 16, 2017

May 16, 2017

PACER
35

First MOTION for Partial Summary Judgment by ANTHONY KNEISSER. Responses due by 6/19/2017 (Attachments: # 1 Certificate of Service, # 2 Certification of Exhibits, # 3 Statement of Material Facts Not in Dispute, # 4 Brief, # 5 Text of Proposed Order, # 6 Appendix Vol. I, # 7 Appendix Vol. II, # 8 Appendix Vol. III, # 9 Appendix Vol. IV, # 10 Appendix Vol. V, # 11 Notice of Motion for Partial Summary Judgment)(VELEZ, ALEXI) (Entered: 05/17/2017)

1 Certificate of Service

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2 Certification of Exhibits

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3 Statement of Material Facts Not in Dispute

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4 Brief

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5 Text of Proposed Order

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6 Appendix Vol. I

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7 Appendix Vol. II

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8 Appendix Vol. III

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9 Appendix Vol. IV

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10 Appendix Vol. V

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11 Notice of Motion for Partial Summary Judgment

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May 17, 2017

May 17, 2017

PACER
36

First MOTION to Seal Document by ANTHONY KNEISSER. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(VELEZ, ALEXI) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
37

BRIEF in Support filed by ANTHONY KNEISSER re 35 First MOTION for Partial Summary Judgment (Attachments: # 1 Confidential Statement of Facts Not in Dispute, # 2 Confidential Appendix)(VELEZ, ALEXI)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER

Set/Reset Deadlines as to 35 First MOTION for Partial Summary Judgment, 36 First MOTION to Seal Document . Motion set for 6/19/2017 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )

May 17, 2017

May 17, 2017

PACER
38

Exhibit (Audio Recordings) to 35 Motion for Partial Summary Judgment, by ANTHONY KNEISSER filed in the Clerk's Office (tf, ) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER

AMENDED Set/Reset Deadlines as to 32 First MOTION to Amend/Correct 1 Complaint, . Motion set for 6/5/2017 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )

May 22, 2017

May 22, 2017

PACER
39

Letter from David M. Serlin, Esquire. (SERLIN, DAVID) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
40

Letter from John L. Slimm re 36 First MOTION to Seal Document . (SLIMM, JOHN) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
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TEXT ORDER ORDERED that the motion return date for First MOTION to Amend/Correct Complaint by ANTHONY KNEISSER 32 shall be reset to June 19, 2017.So Ordered by Judge Noel L. Hillman on 5/25/2017. (gn) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
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Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by ANTHONY KNEISSER re 33 MOTION for Summary Judgment, 34 MOTION for Summary Judgment (VELEZ, ALEXI) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER

AMENDED Set/Reset Deadlines as to 34 MOTION for Summary Judgment, 33 MOTION for Summary Judgment . Motion set for 7/3/2017 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )

June 2, 2017

June 2, 2017

PACER
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MOTION to Amend/Correct by All Defendants. (Attachments: # 1 Certificate of Service Certificate of Service, # 2 Text of Proposed Order Proposed Order, # 3 Brief Memorandum of Law, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Exhibit Exhibit 4, # 8 Exhibit Exhibit 5, # 9 Exhibit Exhibit 6, # 10 Certification Serlin Certification)(SERLIN, DAVID) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER

Set/Reset Deadlines as to 43 MOTION to Amend/Correct . Motion set for 7/3/2017 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, )

June 5, 2017

June 5, 2017

PACER
44

RESPONSE in Support filed by DENNIS P. MCINERNEY re 35 First MOTION for Partial Summary Judgment Response to Plaintiff's Statement of Material Facts (SLIMM, JOHN) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
45

BRIEF in Opposition filed by DENNIS P. MCINERNEY re 35 First MOTION for Partial Summary Judgment (SLIMM, JOHN) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER

CLERK'S QUALITY CONTROL MESSAGE - The Response in Opposition # 43 filed by David Serlin on 6/5/2017 was submitted incorrectly as a Motion. PLEASE RESUBMIT THE Response USING *Response in Opposition*. This submission will remain on the docket unless otherwise ordered by the court. (tf, )

June 7, 2017

June 7, 2017

PACER

CLERK'S QUALITY CONTROL MESSAGE - Please note the Set/Reset Deadlines as to 43 MOTION to Amend/Correct filed by the Clerk's office on 6/5/2017 was docketed in error. Please disregard. (tf, )

June 7, 2017

June 7, 2017

PACER
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RESPONSE in Opposition filed by All Defendants re 32 First MOTION to Amend/Correct 1 Complaint, (Attachments: # 1 Certificate of Service Certificate of Service, # 2 Text of Proposed Order Order, # 3 Brief Memorandum in Opposition, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Exhibit Exhibit 4, # 8 Exhibit Exhibit 5, # 9 Exhibit Exhibit 6, # 10 Certification Serlin Certification)(SERLIN, DAVID) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

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REPLY BRIEF to Opposition to Motion filed by ANTHONY KNEISSER re 32 First MOTION to Amend/Correct 1 Complaint, (Attachments: # 1 Certificate of Service)(KNEISSER, MARGUERITE) (Entered: 06/12/2017)

1 Certificate of Service

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June 12, 2017

June 12, 2017

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REPLY BRIEF to Opposition to Motion filed by ANTHONY KNEISSER re 35 First MOTION for Partial Summary Judgment (Attachments: # 1 Certification)(VELEZ, ALEXI) (Entered: 06/12/2017)

1 Certification

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June 12, 2017

June 12, 2017

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BRIEF in Opposition filed by ANTHONY KNEISSER re 33 MOTION for Summary Judgment (Attachments: # 1 Plaintiff's Responses and Objections to Defendant Judge McInerney's SUMF, # 2 Certificate of Service)(VELEZ, ALEXI) (Entered: 06/19/2017)

1 Plaintiff's Responses and Objections to Defendant Judge McInerney's S

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2 Certificate of Service

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June 19, 2017

June 19, 2017

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BRIEF in Opposition filed by ANTHONY KNEISSER re 34 MOTION for Summary Judgment (Attachments: # 1 Certificate of Service, # 2 Statement)(KNEISSER, MARGUERITE) (Entered: 06/19/2017)

1 Certificate of Service

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2 Statement

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June 19, 2017

June 19, 2017

RECAP

CLERK'S QUALITY CONTROL MESSAGE - The Brief in Opposition to Motion # 50 submitted by M. Kneisser on 6/19/2017 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (tf, )

June 20, 2017

June 20, 2017

PACER
51

BRIEF in Opposition filed by ANTHONY KNEISSER re 34 MOTION for Summary Judgment (Attachments: # 1 Certificate of Service)(KNEISSER, MARGUERITE) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
52

REPLY BRIEF to Opposition to Motion filed by DENNIS P. MCINERNEY re 33 MOTION for Summary Judgment (SLIMM, JOHN) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
53

RESPONSE in Support filed by JOHN DOES 1-10, TOWNSHIP OF BURLINGTON, TOWNSHIP OF BURLINGTON MUNICIPAL COURT re 34 MOTION for Summary Judgment (Attachments: # 1 Appendix Table of Contents, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Appendix Table of Authorities, # 4 Exhibit Exhibit A - Affidavit)(SERLIN, DAVID) (Entered: 06/26/2017)

1 Appendix Table of Contents

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2 Civil Cover Sheet Civil Cover Sheet

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3 Appendix Table of Authorities

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4 Exhibit Exhibit A - Affidavit

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June 26, 2017

June 26, 2017

PACER
54

OPINION. Signed by Judge Noel L. Hillman on 3/30/2018. (tf, ) (Entered: 04/02/2018)

March 30, 2018

March 30, 2018

Clearinghouse
55

ORDER that the First MOTION for Partial Summary Judgment by ANTHONY KNEISSER 35 is GRANTED as to Plaintiff's claims against the Township of Burlington for violations of the Fourth, Sixth, and Fourteenth Amendments, and DENIED without prejudice as to Plaintiff's claims against DENNIS P. MCINERNEY; the MOTION for Summary Judgment by DENNIS P. MCINERNEY 33, and the MOTION for Summary Judgment by JOHN DOES 1-10, DENNIS P. MCINERNEY, TOWNSHIP OF BURLINGTON, TOWNSHIP OF BURLINGTON MUNICIPAL COURT 34 are DENIED; the First MOTION to Amend/Correct Complaint by ANTHONY KNEISSER 32 is GRANTED; the First MOTION to Seal Document by ANTHONY KNEISSER 36 is GRANTED. Signed by Judge Noel L. Hillman on 3/30/2018. (tf, ) (Entered: 04/02/2018)

March 30, 2018

March 30, 2018

PACER
56

TEXT ORDER: Telephone Conference set for 4/30/2018 at 3:30 PM before Magistrate Judge Ann Marie Donio. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 4/4/2018. (slc) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
57

AMENDED COMPLAINT against All Defendants All Defendants., filed by ANTHONY KNEISSER. (Attachments: # 1 Certificate of Service, # 2 Notice of Lawsuit and Request to Waive Service of Summons)(VELEZ, ALEXI) (Entered: 04/12/2018)

1 Certificate of Service

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2 Notice of Lawsuit and Request to Waive Service of Summons

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April 12, 2018

April 12, 2018

RECAP
58

ANSWER to Amended Complaint by DENNIS P. MCINERNEY. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet)(SLIMM, JOHN) (Entered: 04/30/2018)

1 Certificate of Service

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2 Civil Cover Sheet

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April 30, 2018

April 30, 2018

RECAP
59

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 4/30/2018. Order to be entered. (Court Reporter/Recorder ECR.) (tf, ) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
60

SCHEDULING ORDER: Settlement Conference and the Final Pretrial Conference set for 7/12/2018 10:00 AM before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 5/1/2018. (tf, ) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
61

ORDER CONCERNING SETTLEMENT CONFERENCES. Signed by Magistrate Judge Ann Marie Donio on 5/1/2018. (tf, ) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
62

ANSWER to Amended Complaint by All Defendants. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Certificate of Service Proof of Service)(SERLIN, DAVID) (Entered: 05/02/2018)

1 Civil Cover Sheet Cover Sheet

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2 Certificate of Service Proof of Service

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May 2, 2018

May 2, 2018

RECAP
63

Letter from John L. Slimm. (SLIMM, JOHN) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
64

TEXT ORDER: In-Person Settlement Conference set for 5/18/2018 at 11:00 AM before Magistrate Judge Ann Marie Donio. Clients with settlement authority shall appear in person. Counsel shall exchange and submit settlement memoranda directly to Judge Donio's Chambers no later than 5/16/2018. The Final Pretrial Conference on 7/12/2018 shall remain as scheduled. SO ORDERED by Magistrate Judge Ann Marie Donio on 5/14/2018. (slc) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Settlement Conference held on 5/18/2018. (sb)

May 18, 2018

May 18, 2018

PACER
65

Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 8/24/2018. Signed by Magistrate Judge Ann Marie Donio on 6/25/2018. (rtm, ) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

Clearinghouse
66

ORDER OF DISMISSAL with Prejudice, and without costs. Signed by Judge Noel L. Hillman on 8/30/2018. (tf, ) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Sept. 23, 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff was an individual college student who worked part-time as a line cook and could not afford to pay a $200 fine on or before the due date.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Township of Burlington, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Courts

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Pattern or Practice

Policing:

False arrest