Case: Neuman v. Ocean County Democratic County Committee

3:16-cv-02701 | U.S. District Court for the District of New Jersey

Filed Date: May 11, 2016

Closed Date: Jan. 30, 2017

Clearinghouse coding complete

Case Summary

This is a case about whether a political party’s method of endorsement and selection of candidates in primary elections constitutes state action pursuant to 28 U.S.C. § 1983.  On May 11, 2016, several candidates, elected officials, and voters of Ocean County filed this lawsuit against the Ocean County Democratic County Committee, its members, several of its subcommittees. Plaintiffs claimed that the defendants’ endorsement and selection of candidates for the "Party Line" in primary elections co…

This is a case about whether a political party’s method of endorsement and selection of candidates in primary elections constitutes state action pursuant to 28 U.S.C. § 1983. 

On May 11, 2016, several candidates, elected officials, and voters of Ocean County filed this lawsuit against the Ocean County Democratic County Committee, its members, several of its subcommittees. Plaintiffs claimed that the defendants’ endorsement and selection of candidates for the "Party Line" in primary elections constituted state action, which violated their constitutional rights under 28 U.S.C. § 1983. Plaintiffs claimed that the defendants’ actions violated the “one person, one vote” rule of the Equal Protection Clause, the Elections Clause (Art. 1, Sec. 4 of the Constitution), the Fifteenth Amendment, and the Nineteenth Amendment. Plaintiffs sought declaratory and injunctive relief.  

The central legal question was whether the actions of defendants could be considered "state action" under 28 U.S.C. § 1983. For the plaintiffs' claims to proceed under this statute, they needed to demonstrate that the committee's activities were performed under the "color of state law."

On June 24, 2016, defendants filed a motion to dismiss. 

On January 30, 2017, the court granted defendants’ motion to dismiss. The court ruled that the plaintiffs' claims did not meet the state action requirement under § 1983. It determined that the Ocean County Democratic County Committee's endorsement and selection of candidates did not constitute actions taken under the "color of state law." As a result, the court granted the defendants' motion to dismiss the plaintiffs' claims. The claims against the Ocean County Democratic County Committee were dismissed, with no relief granted to the plaintiffs. The court's decision emphasized that the political endorsement and candidate selection process by a private political committee does not transform it into a state actor for the purposes of § 1983.

The case is now closed. 

Summary Authors

Yann Ricard (7/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5847083/parties/neuman-v-ocean-county-democratic-county-committee/


Judge(s)

Wolfson, Freda L. (New Jersey)

Attorney for Plaintiff

LUZZI, RICHARD T. (New Jersey)

Attorney for Defendant

STARKEY, KEVIN N. (New Jersey)

THOMPSON, MATHEW BRADY (New Jersey)

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Documents in the Clearinghouse

Document
1

3:16-cv-02701

Complaint

May 11, 2016

May 11, 2016

Complaint
14

3:16-cv-02701

Opinion

Jan. 30, 2017

Jan. 30, 2017

Order/Opinion

2017 WL 396443

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5847083/neuman-v-ocean-county-democratic-county-committee/

Last updated Aug. 8, 2025, 7:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MARIANNE CLEMENTE, SCOTT M. COLABELLA, MICHAEL B. COOKE, WYATT EARP, MARTA HARRIS, JOHN DOES 1-50, JAMES KEADY, CHRIS LEITNER, RONALD MADENSKY, OCEAN COUNTY DEMOCRATIC CANDIDATE SELECTION SUB-COMMITTEE, OCEAN COUNTY DEMOCRATIC COUNTY COMMITTEE, OCEAN COUNTY DEMOCRATIC ORGANIZATION, KIERAN PILLION, BRIAN WHITE, EDWARD WOLF ( Filing and Admin fee $400 receipt number 7097782), filed by PATRICIA LINDSAY-HARVEY, SCOTT NEUMAN, TRACY CAPRIONI, ROBERT DEBELLA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Text of Proposed Order to Show Cause, # 5 Brief)(jem) (Entered: 05/13/2016)

May 11, 2016

May 11, 2016

Clearinghouse
2

SUMMONS ISSUED as to MARIANNE CLEMENTE, SCOTT M. COLABELLA, MICHAEL B. COOKE, WYATT EARP, MARTA HARRIS, JAMES KEADY, CHRIS LEITNER, RONALD MADENSKY, OCEAN COUNTY DEMOCRATIC CANDIDATE SELECTION SUB-COMMITTEE, OCEAN COUNTY DEMOCRATIC COUNTY COMMITTEE, OCEAN COUNTY DEMOCRATIC ORGANIZATION, KIERAN PILLION, BRIAN WHITE, EDWARD WOLF Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By *John Moller* (jem) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER

CLERK'S QUALITY CONTROL MESSAGE - The complaint submitted by Richard Luzzi, Esq. on 5/11/2016 appears to have address information as to Richard Luzzi, Esq. that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (jem)

May 13, 2016

May 13, 2016

PACER
3

ORDER TO SHOW CAUSE. Show Cause Hearing set for 5/31/2016 11:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson. Signed by Judge Freda L. Wolfson on 5/13/2016. (mmh) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER

Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Status Conference held on 5/23/2016. (eh, )

May 23, 2016

May 23, 2016

PACER
4

LETTER ORDER Denying Plaintiffs' Motion for Preliminary Injunction. Defendants are instructed to answer the Verified Complaint, or otherwise move, in accordance with the rules. Signed by Judge Freda L. Wolfson on 5/26/2016. (km) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
5

MOTION for Extension of Time to File Answer by MARIANNE CLEMENTE, MICHAEL B. COOKE, WYATT EARP, MARTA HARRIS, JAMES KEADY, CHRIS LEITNER, RONALD MADENSKY, OCEAN COUNTY DEMOCRATIC CANDIDATE SELECTION SUB-COMMITTEE, OCEAN COUNTY DEMOCRATIC COUNTY COMMITTEE, OCEAN COUNTY DEMOCRATIC ORGANIZATION, KIERAN PILLION, BRIAN WHITE, EDWARD WOLF. (STARKEY, KEVIN) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER

CLERK'S QUALITY CONTROL MESSAGE - The request for an Extension of Time to File Answer filed by Kevin Starkey on 6/9/2016 was submitted incorrectly as a Motion. PLEASE RESUBMIT THE application for an extension of time USING Application for Clerk Order to Ext Answer/Proposed Order. This submission will remain on the docket unless otherwise ordered by the court. (km)

June 9, 2016

June 9, 2016

PACER
6

Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants.. (STARKEY, KEVIN) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER

Clerk`s Text Order - The document 6 Application for Clerk's Order to Ext Answer/Proposed Order submitted by OCEAN COUNTY DEMOCRATIC ORGANIZATION, MARIANNE CLEMENTE, KIERAN PILLION, JAMES KEADY, MARTA HARRIS, RONALD MADENSKY, OCEAN COUNTY DEMOCRATIC COUNTY COMMITTEE, WYATT EARP, CHRIS LEITNER, BRIAN WHITE, EDWARD WOLF, MICHAEL B. COOKE, OCEAN COUNTY DEMOCRATIC CANDIDATE SELECTION SUB-COMMITTEE has been GRANTED. The answer due date has been set for 6/24/2016. (km) Modified on 7/5/2016 (km).

June 10, 2016

June 10, 2016

PACER

Update Answer Due Deadline

June 12, 2016

June 12, 2016

PACER
7

Application and Proposed Order for Clerk's Order to extend time to answer as to Ocean County Clerk, Scott M. Colabella. Attorney MATHEW BRADY THOMPSON for SCOTT M. COLABELLA added. (Attachments: # 1 Letter to Clerk)(THOMPSON, MATHEW) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER

Clerk`s Text Order - The document 7 Application for Clerk's Order to Ext Answer/Proposed Order submitted by SCOTT M. COLABELLA has been DENIED. Application forwarded to Chambers. (km)

June 14, 2016

June 14, 2016

PACER
8

ORDER Granting the application within which Defendant, Scott M. Colabella shall answer, move or otherwise reply is extended to 6/20/2016. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/16/2016. (km) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
9

MOTION to Dismiss returnable July 18, 2016 by SCOTT M. COLABELLA. Responses due by 7/5/2016 (Attachments: # 1 Brief, # 2 Certification of Attorney, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order, # 6 Certificate of Service)(THOMPSON, MATHEW) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

Set Deadlines as to 9 MOTION to Dismiss returnable July 18, 2016. Motion set for 7/18/2016 before Judge Freda L. Wolfson. 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. (km)

June 20, 2016

June 20, 2016

PACER
10

MOTION to Dismiss Plaintiff's Complaint by MARIANNE CLEMENTE, MICHAEL B. COOKE, WYATT EARP, MARTA HARRIS, JAMES KEADY, CHRIS LEITNER, RONALD MADENSKY, OCEAN COUNTY DEMOCRATIC CANDIDATE SELECTION SUB-COMMITTEE, OCEAN COUNTY DEMOCRATIC COUNTY COMMITTEE, OCEAN COUNTY DEMOCRATIC ORGANIZATION, KIERAN PILLION, BRIAN WHITE, EDWARD WOLF. Responses due by 7/5/2016 (Attachments: # 1 Brief Letter Brief, # 2 Certificate of Service, # 3 Text of Proposed Order)(STARKEY, KEVIN) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER

Set/Reset Motion and R&R Deadlines/Hearings

June 26, 2016

June 26, 2016

PACER

Set Deadlines as to 10 MOTION to Dismiss Plaintiff's Complaint. Motion set for 7/18/2016 before Judge Freda L. Wolfson. 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. (km)

June 26, 2016

June 26, 2016

PACER
11

BRIEF in Opposition filed by SCOTT NEUMAN re 10 MOTION to Dismiss Plaintiff's Complaint, 9 MOTION to Dismiss returnable July 18, 2016 (LUZZI, RICHARD) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
12

REPLY BRIEF to Opposition to Motion filed by MARIANNE CLEMENTE, MICHAEL B. COOKE, WYATT EARP, MARTA HARRIS, JAMES KEADY, CHRIS LEITNER, RONALD MADENSKY, OCEAN COUNTY DEMOCRATIC CANDIDATE SELECTION SUB-COMMITTEE, OCEAN COUNTY DEMOCRATIC COUNTY COMMITTEE, OCEAN COUNTY DEMOCRATIC ORGANIZATION, KIERAN PILLION, BRIAN WHITE, EDWARD WOLF re 10 MOTION to Dismiss Plaintiff's Complaint (STARKEY, KEVIN) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
13

REPLY BRIEF to Opposition to Motion filed by SCOTT M. COLABELLA re 9 MOTION to Dismiss returnable July 18, 2016 (Attachments: # 1 Certificate of Service)(THOMPSON, MATHEW) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
14

OPINION filed. Signed by Judge Freda L. Wolfson on 1/30/2017. (km) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

Clearinghouse
15

ORDER that defendant Colabella's Motion to Dismiss and Request to file a fee and cost application under Rule 11 is GRANTED; Defendants' Motion to Dismiss is GRANTED; Count I is dismissed; the Court declines to exercise supplemental jurisdiction over Count II of the Complaint; the applicable statute of limitations with respect to Plaintiffs' state law claim is tolled for 30 days from the date of this Order. Signed by Judge Freda L. Wolfson on 1/30/2017. (km) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
16

Certification on behalf of SCOTT M. COLABELLA Re 15 Order on Motion to Dismiss,,, 14 Opinion. (Attachments: # 1 Cover Letter - Fee and Cost Application, # 2 Text of Proposed Order Fee and Cost Application, # 3 Certificate of Service)(THOMPSON, MATHEW) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
17

TEXT ORDER re 16 Certification, filed by SCOTT M. COLABELLA. On January 30, 2017, the Court granted Defendant Colabella's motion for leave to file a Rule 11 sanctions motion. Instead of filing a formal motion, Defendant filed a certification setting forth, inter alia, the amount of fees and cost. That is not sufficient. Defendant is directed to file a formal Rule 11 motion, and the Certification [dkt 16] is hereby stricken. So Ordered by Judge Freda L. Wolfson on 2/7/2017. (Fang, W) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER

Order

Feb. 7, 2017

Feb. 7, 2017

PACER
18

MOTION for Sanctions by SCOTT M. COLABELLA. (Attachments: # 1 Cover Letter, # 2 Brief, # 3 Certification, # 4 Exhibit A, # 5 Exhibit B, # 6 Certificate of Service, # 7 Text of Proposed Order)(THOMPSON, MATHEW) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Feb. 15, 2017

Feb. 15, 2017

PACER

Set Deadlines as to 18 MOTION for Sanctions . Motion set for 3/20/2017 before Judge Freda L. Wolfson. 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. (km)

Feb. 15, 2017

Feb. 15, 2017

PACER
19

LETTER ORDER denying 18 Motion for Rule 11 Sanctions. Signed by Judge Freda L. Wolfson on 9/20/2017. (km) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 11, 2016

Closing Date: Jan. 30, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

several candidates, elected officials, and voters of Ocean County, New Jersey

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ocean County Democratic County Committee (Ocean), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Source of Relief:

Litigation

Amount Defendant Pays: N/A (Case dismissed, no payment required)

Issues

General/Misc.:

Access to public accommodations - governmental

Courts