University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prince v. Aiellos PC-NJ-0023
Docket / Court 2:09-cv-05429 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Jail Conditions
Policing
Prison Conditions
Case Summary
On October 23, 2009, plaintiff filed a lawsuit in the U.S. District Court of 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 ... read more >
On October 23, 2009, plaintiff filed a lawsuit in the U.S. District Court of 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, filing pro se, asked the court for damages and costs. Specifically, the plaintiff claimed that the defendants violated his 2nd and 14th Amendment rights by attempting to break and enter into 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, plaintiffs and officers had a prior relationship that arose out of an automobile accident. At the time of the incident, plaintiff was working on an appeal for the automobile accident case, in which he claimed that officers saw that he was black and as a result claimed that he was faking 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 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 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 Plaintiff's malicious prosecution claim as against defendant Sgt. Aiellos. On October 27, 2010, plaintiff submitted an amended complaint, which was dismissed as to all defendants except Janice Behnke and Sgt. Aiellos on December 22, 2010. Janice Behnke's subsequent motion to dismiss was granted on February 26, 2011.

On December 13, 2013, the U.S. District Court (Judge Jose L. Linares) issued an order denying the respective parties' motions for summary judgment. On January 16, 2014, defendant appealed to the United States Court of Appeals for the Third Circuit from the potion of Judge Linares' order and opinion that denied defendant's motion for summary judgment on the basis of qualified immunity. On May 7, 2014, the Court issued an order granting defendant's motion to stay the case pending interlocutory appeal. As of November 13, 2014, the appeal was still ongoing.

Julie Singer - 11/13/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Defendant-type
Law-enforcement
Discrimination-basis
Race discrimination
General
False arrest
Over/Unlawful Detention
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Criminal Violation of Federal Rights Under Color of Law, 18 U.S.C. § 242
42 U.S.C. § 1983
Defendant(s) Hackensack Police Department
Plaintiff Description Plaintiff was 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.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:09-cv-05429-JLL-JAD (D.N.J.) 05/07/2014
PC-NJ-0023-9003.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 02/16/2010
PC-NJ-0023-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer to Plaintiff's Amended Complaint 03/10/2010
PC-NJ-0023-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order {Granting Motion to Dismiss Amended Complaint} 04/23/2010 (D.N.J.)
PC-NJ-0023-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 05/18/2010
PC-NJ-0023-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order {Denying Motion to Dismiss} 07/14/2010 (D.N.J.)
PC-NJ-0023-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 10/08/2010 (2010 WL 4025846) (D.N.J.)
PC-NJ-0023-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order { Granting in part and denying in part motion to dismiss} 10/12/2010 (D.N.J.)
PC-NJ-0023-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 12/21/2010 (2010 WL 5392724) (D.N.J.)
PC-NJ-0023-0008.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order {Dismissing Third Amended Complaint} 12/22/2010 (D.N.J.)
PC-NJ-0023-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 05/22/2012 (2012 WL 1883812) (D.N.J.)
PC-NJ-0023-0010.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order { Denying Plaintiff's motion for leave to amend the complaint} 05/22/2012 (D.N.J.)
PC-NJ-0023-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Plaintiff's Motion for Reconsideration] 11/07/2012 (D.N.J.)
PC-NJ-0023-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Plaintiff's Motion to grant court-appointed expert witness, with prejudice] 03/18/2013 (D.N.J.)
PC-NJ-0023-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion [For Summary Judgment] 07/09/2013
PC-NJ-0023-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [ Withdrawing Motion for Summary Judgment and administratively terminating motion] 07/17/2013 (D.N.J.)
PC-NJ-0023-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion [Denying Plaintiff’s and Defendant’s respective motions for summary judgment] 12/20/2013 (2013 WL 6865619) (D.N.J.)
PC-NJ-0023-0016.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Interlocutory Appeal 01/17/2014
PC-NJ-0023-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hammer, Michael A (D.N.J.) [Magistrate]
PC-NJ-0023-0010 | PC-NJ-0023-0011 | PC-NJ-0023-0013
Linares, Jose L. (D.N.J.)
PC-NJ-0023-0003 | PC-NJ-0023-0004 | PC-NJ-0023-0006 | PC-NJ-0023-0007 | PC-NJ-0023-0008 | PC-NJ-0023-0009 | PC-NJ-0023-0012 | PC-NJ-0023-0015 | PC-NJ-0023-0016 | PC-NJ-0023-9003
Monitors/Masters None on record
Plaintiff's Lawyers Prince, Donell (New Jersey)
PC-NJ-0023-0001 | PC-NJ-0023-0005 | PC-NJ-0023-0014 | PC-NJ-0023-9003
Defendant's Lawyers Flanagan, Brian G. (New Jersey)
PC-NJ-0023-9003
Galasso, Vicent L. (New Jersey)
PC-NJ-0023-9003
Gatlin, Karen Boe (New Jersey)
PC-NJ-0023-9003
Hayes, Kenneth (New Jersey)
PC-NJ-0023-9003
Klasna, Chad Lee (New Jersey)
PC-NJ-0023-9003
Kundla, Mark Stewart (New Jersey)
PC-NJ-0023-9003
Langfitt, V. Nicole (New Jersey)
PC-NJ-0023-9003
Malagiere, Richard (New Jersey)
PC-NJ-0023-9003
Positan, Wayne J. (New Jersey)
PC-NJ-0023-9003
Prutting, George A. (New Jersey)
PC-NJ-0023-0002 | PC-NJ-0023-9003
Sicheri, William August Anthony (New Jersey)
PC-NJ-0023-0017 | PC-NJ-0023-9003
Other Lawyers None on record

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