Bryan Mosley v. Egg Harbor City, Police Officer Alexander DeFeo, Police Officer Richard Carpo

District Court, D. New Jersey·Decided March 31, 2026·No. 1:22-cv-06489·Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

! HONORABLE KAREN M. WILLIAMS BRYAN MOSLEY, Plaintiff, Civil Action No. 22-6489 (KMW-EAP) v. EG RB al O HARBOR CITY ef af i| | MEMORANDUM OPINION AND ORDER Defendants, — | . ! a

THIS MATTER comes before the Court by way of Defendant Egg Harbor City (“Defendant Egg Harbor’), Defendant Police Officer Alexander DeFeo (“Defendant DeFeo”), and Defendant Police Officer Richard Carpo’s (“Defendant Carpo”) (collectively “Defendants”) Motion for Summary Judgment (ECF No. 70). Plaintiff Bryan Mosley (“Plaintiff”) opposed (ECF No. 76) and Defendants replied (ECF No. 80). Plaintiff subsequently filed a letter (ECF No. 81) responding to Defendants’ reply. The Court has considered all of the parties’ submissions, finds oral argument unnecessary, and, pursuant to Local Civil Rule 78.1, decides the motion on the papers; and WHEREAS, summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “A fact is ‘material’ under Rule 56 if its existence or nonexistence might impact the outcome of the suit under the applicable substantive law.” Santini v. Fuentes, 795 F.3d 410, 416 Gd Cir. 2015) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); see

also MS. by & through Hall vy. Susquehanna Twp, Sch, Dist., 969 F.3d 120, 125 (3d Cir. 2020) (“A fact is material if—taken as true—it would affect the outcome of the case under governing law.”). Moreover, “[a] dispute over a material fact is ‘genuine’ if ‘a reasonable jury could return a verdict for the nonmoving party.’” Santini, 795 F.3d at 416 (quoting Anderson, 477 U.S. at 248). The moving party bears the burden of identifying portions of the record that establish the absence of a genuine issue of material fact. Jd. (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). The burden then “shifts to the nonmoving party to go beyond the pleadings and come forward with specific facts showing that there is a genuine issue for trial.” Jd. (quoting Matsushita Elec. Indus. Co. vy. Zenith Radio Corp., 475 US. 574, 587 (1986) (internal quotations omitted)). To survive a motion for summary judgment, the nonmoving party must identify specific facts and affirmative evidence that contradict those offered by the moving party. Anderson, 477 U.S. at 256-57, “A nonmoving party may not ‘rest upon mere allegations, general denials or... vague statements... .’” Yrap Rock Indus,, Inc, v. Local 825, Int'l Union of Operating Eng’rs, 982 F.2d 884, 890 (3d Cir. 1992) (quoting Quiroga v. Hasbro, Inc., 934 F.2d 497, 500 Gd Cir. 1991)). When considering a motion for summary judgment, the court views the facts and all reasonable inferences drawn from the facts in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co., 475 U.S, at 587; and THE COURT NOTING that Defendant DeFeo and Defendant Carpo contend that Plaintiffs Fourth Amendment Excessive Force claim should be dismissed because they are entitled to summary judgment based on qualified immunity; and WHEREAS to establish a right to qualified immunity, the defendant has the burden to show either that there was no constitutional violation or that the federally protected right that was allegedly violated was not clearly established. Pearson y. Callahan, 555 U.S. 223, 231 (2009);

Mack v. Yost, 63 F.Ath 211, 227 Gd Cir, 2023) (cleaned up), To establish a right to qualified immunity on summary judgment, the defendant must show that “there was no genuine dispute of material fact to refute their contention that they did not violate [Plaintiffs] constitutional rights as he asserted them, or show that reasonable officers could not have known that their conduct constituted such a violation when they engaged in it.” Halsey v, Pfeiffer, 750 F.3d 273, 288 (3d Cir, 2014).; and WHEREAS, the Fourth Amendment of the United States Constitution protects a persons’ right to be “secure in their persons...against unreasonable...seizures.” U.S. Const. amend. IV. As such, to establish a Fourth Amendment violation as the result of excessive force, a plaintiff must first show that a seizure occurred,' and then that, under the specific circumstances, the seizure itself was unreasonable or that it was conducted in an unreasonable manner. Lamont v, New Jersey, 637 F.3d 177, 183 Gd Cir, 2011). (citing Brower v. County of Inyo, 489 U.S. 593, 599, (1989); Graham v. Connor, 490 U.S, 386, 395-96, (1989)). The reasonableness of a seizure is an objective question that balances the government’s interests that were at stake with the nature and quality of the intrusion on the plaintiff. See Graham, 490 U.S. at 396. When competing factual narratives exist, disputed material facts prevent the court from determining whether, as a matter of law, a defendant’s use of force was objectively reasonable. McKoy v. Carter, 543 F. App'x 231, 235 (3d Cir. 2013).; and WHEREAS, Local Civil Rule 56.1 requires the party filing a motion for summary judgment to separately file a statement of undisputed material facts citing to the record to support each fact. Loc. Civ. R. 56.1. The opposing party must file a responsive statement, addressing each fact, “indicating agreement or disagreement and, if not agreed, stating each material fact in dispute

this case, no party argues that Plaintiff was not seized.

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Bryan Mosley v. Egg Harbor City, Police Officer Alexander DeFeo, Police Officer Richard Carpo, (D.N.J. 2026).

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