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 Second and Fourteenth Amendment rights by attempting to break and entered 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. 2010 WL 4025846 On October 27, 2010, plaintiff submitted an amended complaint. The District Court issued an opinion dismissing the amended complaint as to all defendants except Janice Behnke and Sgt. Aiellos on December 22, 2010. 2010 WL 5392724. Janice Behnke's subsequent motion to dismiss was granted 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. 2012 WL 1883812

On December 20, 2013, the U.S. District Court (Judge Jose L. Linares) issued an order denying the defendant and plaintiff’s motions for summary judgment. 2013 WL 6865619. On January 16, 2014, the defendants appealed to the Third Circuit from the denial of their motion for summary judgment on the basis of qualified immunity. On May 7, 2014, the Court issued an order granting the defendants' motion to stay the case pending interlocutory appeal. Then on December 2, 2014 the Third Circuit affirmed the district court’s decision. The Third Circuit’s decision hinged on two elements including whether the defendant’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.Appx. 742

Following the Third Circuit’s decision the parties began to enter into settlement negotiations. As of March 2018, the parties have been engaging in discovery and pretrial motions, and the matter is awaiting trial.

Julie Singer - 11/13/2014
Will McCartney - 03/10/2018


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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
Bail/Bond
Excessive force
Failure to discipline
Failure to supervise
Failure to train
False arrest
Fines/Fees/Bail/Bond
Over/Unlawful Detention
Racial profiling
Search policies
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1983
Criminal Violation of Federal Rights Under Color of Law, 18 U.S.C. § 242
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.
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2009
Case Ongoing Yes
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:09-cv-05429-JLL-JAD (D.N.J.)
PC-NJ-0023-9003.pdf | Detail
Date: 07/19/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint [ECF# 5]
PC-NJ-0023-0001.pdf | Detail
Date: 02/16/2010
Source: PACER [Public Access to Court Electronic Records]
Answer to Plaintiff's Amended Complaint [ECF# 10]
PC-NJ-0023-0002.pdf | Detail
Date: 03/10/2010
Source: PACER [Public Access to Court Electronic Records]
Order {Granting Motion to Dismiss Amended Complaint} [ECF# 40] (D.N.J.)
PC-NJ-0023-0003.pdf | Detail
Date: 04/23/2010
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 87]
PC-NJ-0023-0005.pdf | Detail
Date: 05/18/2010
Source: PACER [Public Access to Court Electronic Records]
Order {Denying Motion to Dismiss} [ECF# 79] (D.N.J.)
PC-NJ-0023-0004.pdf | Detail
Date: 07/14/2010
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 117] (2010 WL 4025846) (D.N.J.)
PC-NJ-0023-0006.pdf | WESTLAW | Detail
Date: 10/08/2010
Source: PACER [Public Access to Court Electronic Records]
Order { Granting in part and denying in part motion to dismiss} [ECF# 118] (D.N.J.)
PC-NJ-0023-0007.pdf | Detail
Date: 10/12/2010
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 137] (2010 WL 5392724) (D.N.J.)
PC-NJ-0023-0008.pdf | WESTLAW | Detail
Date: 12/21/2010
Source: PACER [Public Access to Court Electronic Records]
Order {Dismissing Third Amended Complaint} [ECF# 138] (D.N.J.)
PC-NJ-0023-0009.pdf | Detail
Date: 12/22/2010
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 187] (2012 WL 1883812) (D.N.J.)
PC-NJ-0023-0010.pdf | WESTLAW | Detail
Date: 05/22/2012
Source: PACER [Public Access to Court Electronic Records]
Order { Denying Plaintiff's motion for leave to amend the complaint} [ECF# 188] (D.N.J.)
PC-NJ-0023-0011.pdf | Detail
Date: 05/22/2012
Source: PACER [Public Access to Court Electronic Records]
Order [Denying Plaintiff's Motion for Reconsideration] [ECF# 217] (D.N.J.)
PC-NJ-0023-0012.pdf | Detail
Date: 11/07/2012
Source: PACER [Public Access to Court Electronic Records]
Order [Denying Plaintiff's Motion to grant court-appointed expert witness, with prejudice] [ECF# 223] (D.N.J.)
PC-NJ-0023-0013.pdf | Detail
Date: 03/18/2013
Source: PACER [Public Access to Court Electronic Records]
Motion [For Summary Judgment] [ECF# 229]
PC-NJ-0023-0014.pdf | Detail
Date: 07/09/2013
Source: PACER [Public Access to Court Electronic Records]
Order [ Withdrawing Motion for Summary Judgment and administratively terminating motion] [ECF# 231] (D.N.J.)
PC-NJ-0023-0015.pdf | Detail
Date: 07/17/2013
Source: PACER [Public Access to Court Electronic Records]
Opinion [Denying Plaintiff’s and Defendant’s respective motions for summary judgment] [ECF# 246] (2013 WL 6865619) (D.N.J.)
PC-NJ-0023-0016.pdf | WESTLAW | Detail
Date: 12/20/2013
Source: PACER [Public Access to Court Electronic Records]
Notice of Interlocutory Appeal [ECF# 250]
PC-NJ-0023-0017.pdf | Detail
Date: 01/17/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 37] (594 Fed.Appx. 742)
PC-NJ-0023-0018.pdf | WESTLAW| LEXIS | Detail
Date: 12/24/2014
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
Hardiman, Thomas Michael (W.D. Pa., Third Circuit)
PC-NJ-0023-0018
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
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 Ayes, Mitchell Ryan (New Jersey)
PC-NJ-0023-9003
Eder, Reid Harlan (New York)
PC-NJ-0023-9003
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
Lubin, Jesse D (New Jersey)
PC-NJ-0023-9003
Malagiere, Richard (New Jersey)
PC-NJ-0023-9003
Mclaughlin, Lucinda Jordan (New Jersey)
PC-NJ-0023-9003
Nunez, Xavier A (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

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