Jeffrey G. Walstein v. Sergeant Joseph M. Schuler, et al.

District Court, D. New Jersey·Decided May 28, 2026·No. 3:25-cv-14491·Unknown

Opinion

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

JEFFREY G. WALSTEIN, Plaintiff, Civil Action No. 25-14491 (MAS) (RLS) MEMORANDUM OPINION SERGEANT JOSEPH M. SCHULER, e7 al, Defendants.

SHIPP, District Judge This matter comes before the Court upon Defendants Sergeant Joseph M. Schuler (“Schuler”), Tinton Falls Police Department (“TFPD”), and Borough of Tinton Falls’s (the “Borough”) (collectively, “Defendants”) Motion to Dismiss (ECF No. 15) Plaintiff Jeffrey G. Walstein’s (“Plaintiff”) First Amended Complaint (“FAC”) (ECF No. 14). Plaintiff opposed (ECF No. 16), and Defendants replied (ECF No, 19). The Court has carefully considered the parties’ submissions and reaches its decision without oral argument under Local Civil Rule 78.1(b). For the reasons below, Defendants’ motion is granted.

I. BACKGROUND! Plaintiff alleges that on September 17, 2025, he placed several unanswered telephone calls to the New Jersey State Police concerning an incident on the Garden State Parkway. (FAC 4 8-9.) Dispatchers subsequently contacted TFPD officers to perform a wellness check on Plaintiff at his residence. (/d. 10.) Plaintiff observed three TFPD vehicles parked near his home, yet none of the officers attempted to conduct the wellness check for which they were dispatched. Ud. § 11-12.) Shortly thereafter, Plaintiff exited his home and entered his vehicle to drive to the supermarket, passing the officers on the way. Ud. J 13.) TFPD then conducted a traffic stop of Plaintiff’s vehicle for lacking a front license plate and issued Plaintiff two traffic citations. (/d. {J 14-16.) Following this interaction, Plaintiff drove to TFPD headquarters and spoke to a lieutenant, Ud. {| 17-18.) Plaintiff then began to film the exterior of the TFPD police station and its parking lot to document which vehicles were located there that similarly lacked front license plates. 4 18.) While Plaintiff'was filming, Schuler approached Plaintiff and Plaintiffrequested Schuler

' The Court accepts the factual allegations in Plaintiff’s FAC as true and draws all inferences in the light most favorable to Plaintiff. See Phillips v. County of Allegheny, 515 F.3d 224, 232 (3d Cir, 2008). Additionally, for the purposes of deciding this Motion, the Court will consider two extraneous documents submitted by Defendants. First, the Court will consider the Municipal Court Certification of Disposition (Ex. K to Defs.’ Mot., ECF No. 15-6) demonstrating that Plaintiff pled guilty to a municipal loitering offense as a matter of public record. See Bolick v. Pennsylvania, 473 App’x 136, 138 (3d Cir. 2012) (noting that on a motion to dismiss, “a court is permitted to look to matters of public record, including criminal case dispositions.”). Second, the Court will consider Schuler’s body camera footage with respect to Plaintiff’s arrest because Plaintiff specifically references that footage in pleading his excessive force claim. (FAC {{ 23, 26); see Doe v. Princeton Univ., 30 F.4th 335, 342 @d Cir. 2022) (explaining that when “a document is integral to or explicitly relied upon in the complaint, [a court] may [ ] consider[ it] without converting the motion to dismiss into one for summary judgment”); Vintzileos v. Borough of Lavallette, No. 25-2200, 2025 WL 3247616, at *3-5 (D.N.J. Nov. 20, 2025) (considering police body camera footage on a motion to dismiss). Plaintiff has not disputed the authenticity of either document. (See generally Opp’n Br., ECF No. 16.)

to issue traffic tickets to every vehicle lacking a front license plate, like his own vehicle. (/d. 19-20.) Schuler declined Plaintiff’s request, to which Plaintiff asserted that “there is unequal enforcement of the law.” Ud. fff 19-21.) During this interaction, Plaintiff alleges he made a crude remark toward Schuler. (/d. § 21.) Schuler subsequently arrested Plaintiff for disorderly behavior. Ud § 22.) As Schuler was conducting his arrest, Plaintiff avers he was: (1) physically grabbed; and (2) slammed against a chain-link fence. (id. § 24.) Plaintiff contends that Schuler made various false statements indicating that Plaintiff was resisting arrest. (fd. {J 25-28.) Plaintiff was transported to the TFPD police station, placed in a holding cell, and detained for approximately one hour before being released. (Ud. § 29.) While in custody, Plaintiff alleges that Schuler “demeaned and insulted” Plaintiff. Ud. 30.) Against that backdrop, Plaintiff filed the instant action on August 12, 2025 (ECF No. 1), and amended the Complaint on October 14, 2025 (see FAC). Plaintiff asserts the following causes of action against Defendants, all arising under 42 U.S.C. § 1983 (“Section 1983”): (1) First Amendment retaliation (“Count One”); (2) false arrest in violation of the Fourth Amendment (“Count Two”); (3) excessive force in violation of the Fourth Amendment (“Count Three”); (4) deprivation of due process in violation of the Fourteenth Amendment (“Count Four”); (5) malicious prosecution in violation of the Fourth Amendment (“Count Five”); (6) selective and retaliatory enforcement in violation of the Equal Protection Clause of the Fourteenth Amendment (“Count Six”); (7) municipal liability for an unconstitutional policy or custom and failure to train or supervise (“Count Seven”); and (8) punitive damages (“Count Eight”).* (See generally FAC.)

* Although not clearly stated in the FAC, the Court construes Counts One, Two, Three, F our, Five, Six, and Eight as asserted against Schuler, in both his individual and official capacity, and Count Seven as asserted against TFPD and the Borough.

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Jeffrey G. Walstein v. Sergeant Joseph M. Schuler, et al., (D.N.J. 2026).

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