Jones v. DeRosa

238 F.R.D. 157, 66 Fed. R. Serv. 3d 652, 2006 U.S. Dist. LEXIS 80071, 2006 WL 3114465
CourtDistrict Court, D. New Jersey
DecidedNovember 2, 2006
DocketCivil Action No. 00-3746(MLC)
StatusPublished
Cited by11 cases

This text of 238 F.R.D. 157 (Jones v. DeRosa) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. DeRosa, 238 F.R.D. 157, 66 Fed. R. Serv. 3d 652, 2006 U.S. Dist. LEXIS 80071, 2006 WL 3114465 (D.N.J. 2006).

Opinion

MEMORANDUM OPINION

HUGHES, United States Magistrate Judge.

This matter is before the Court upon the Motion of Defendant Thomas A. DeRosa (“Officer DeRosa”) and upon the Motion of Defendant Township of Clinton (“Township”) to Quash Plaintiffs Subpoena dated August 24, 2006 which was served on the Township. Defendant Douglas Higgins (“Officer Higgins”) joins the Motion to Quash. Plaintiff William Seymour Jones (“Plaintiff’) opposes the Motion. On March 30, 2005, the Court dismissed Plaintiffs Third Amended Complaint as to the Township. The subpoena served by Plaintiff seeks certain documents from the Township including Internal Affairs files of Officer DeRosa, Officer Higgins, and other non-party members of the Clinton Police Department. The Court reviewed the written submissions of the parties and conducted oral argument on October 31, 2006. For the reasons that follow, Defendants Officer DeRosa, Officer Higgins, and the Township’s Motions to Quash the subpoena served by Plaintiff on the Township of Clinton are granted in part and denied in part.

I. BACKGROUND AND PROCEDURAL HISTORY

A. Factual Background

Plaintiffs Complaint arises from a traffic stop that he asserts was racially motivated. (Pl.’s Br. at 1). On July 13, 2000, Plaintiff [160]*160was a front seat passenger in a vehicle operated by Damon Harris traveling on Route 22 in Clinton Township, New Jersey. (DeRosa Br. at 1; Pl.’s Opp. Br. at 3). Both Plaintiff and Mr. Harris are African-Americans. (Pl.’s Opp. Br. at 1). Plaintiff asserts that while the vehicle “was stopped in traffic at the entrance to Route 78, [Officer] DeRosa pulled alongside the vehicle and stared at both occupants of the vehicle.” (Pl.’s Opp. Br. at 3). After following the vehicle for approximately two miles, Officer DeRosa pulled the vehicle over. (Pl.’s Opp. Br. at 4). Officer DeRosa reports stopping the vehicle after witnessing it swerve partially into the middle lane from the right lane toward a tractor-trailer. (DeRosa Ex. C).

After stopping the vehicle, Officer DeRosa approached the driver’s side and requested the driver’s license, registration, and proof of insurance. (DeRosa Ex. C). The driver could produce no identification, but told the officer that his name was Fahim A. McIntosh. (DeRosa Ex. C). Plaintiff, the front seat passenger, provided a valid Pennsylvania driver’s license. (PL’s Opp. Br. at 4). Officer DeRosa asked Mr. Harris to step out of the vehicle and further questioned him regarding his name, date of birth, and social security number. (DeRosa Ex. C). According to the officer, the driver was acting in a nervous and suspicious manner by refusing to make eye contact and by repeatedly looking back toward his vehicle. (DeRosa Ex. C). Officer DeRosa then instructed the driver to stand by and proceeded to question Plaintiff. (DeRosa Ex. C). Plaintiff told the officer that the driver’s name was Damon Harris. (DeRosa Ex. C). Officer DeRosa then called Officer Higgins, a Sergeant with the Clinton Township Police Department, for assistance. (DeRosa Ex. C). Officer DeRo-sa ran the information provided by Mr. Harris and then Officer Higgins placed Mr. Harris in the back of a police vehicle. (DeRosa Ex. C).

Officer DeRosa then asked Plaintiff to step out of the vehicle and patted him down for weapons. (DeRosa Ex. C). When Officer DeRosa reportedly attempted to search the vehicle for a registration and insurance card, he saw what he suspected was cocaine under the front passenger’s seat. (DeRosa Ex. C). Plaintiff asserts that Officer DeRosa searched the car without consent. (Pl.’s Opp. Br. at 4). Upon the discovery of the drugs, Officer Higgins placed Plaintiff and Mr. Harris under arrest. (DeRosa Ex. C). Plaintiff was charged with possession of cocaine with an intent to distribute in violation of N.J.S.A. 2C:35-5b(l). (See DeRosa’s Ex. C). After Plaintiff served five months in jail, all charges against him were dropped. (Pl.’s Opp. Br. at 4).

B. Complaint

On August 3, 2000, Plaintiff pro se filed a civil rights complaint against Officer DeRosa in the United States District Court, District of New Jersey, alleging violations of his civil rights resulting from the arrest on July 13, 2000. (DeRosa Br. at 1; Leit Cert., Ex. A). On January 17, 2001, by order of this Court, the matter was stayed for 120 days, or until May 18, 2001, pending the resolution of Plaintiff’s criminal matters in Pennsylvania. (See Dkt. no. 00-3746, entry no. 33). On May 29, 2001, the case was reopened by Order of the Court (See Dkt. no. 00-3746, entry no. 47). This Court further granted Plaintiffs motion for leave to file an Amended Complaint adding Officer Douglas Higgins as a defendant on July 16, 2001. (See Dkt. no. 00-3746, entry no. 54). On February 8, 2002, Officer DeRosa filed a motion for summary judgment [Dkt. no. 00-3746, entry no. 85] and the Court subsequently dismissed the claims for punitive damages against Officer DeRosa [Dkt. no. 00-3746, entry no. 104],

On August 20, 2002, Plaintiff filed a separate civil rights complaint against Officers DeRosa and Higgins which also resulted from the July 13, 2000 arrest. (See Dkt. no. 02-4048, entry no. 2; Leit Cert., Ex. F). Officer DeRosa filed an additional motion for summary judgment on August 27, 2002. (See Dkt. no. 00-3746, entry no. 108). The two actions were consolidated on January 31, 2003, and Plaintiff was granted leave to file an amended complaint. (See Dkt. no. 00-3746, entry no. 114). On February 13, 2003, Officer DeRosa’s summary judgment motion was dismissed as moot and premature given that Plaintiff was granted leave to file an [161]*161amended complaint. (See Dkt. no. 00-3746, entry no. 115).

Plaintiffs motion for appointment of pro bono counsel was granted by this Court on August 1, 2003. (See Dkt. no. 00-3746, entry no. 144). On May 17, 2004, the Court further ordered that Plaintiff was permitted to file a Third Amended Complaint naming the Township of Clinton and John Does 1-10 as defendants. (See Dkt. no. 00-3746, entry no. 157). Plaintiff filed the Third Amended Complaint on May 28, 2004. (See Dkt. no. 00-3746, entry no. 159). In the Third Amended Complaint, Plaintiff asserts that Defendants committed violations of his Fourth, Fifth, Sixth, and Fourteenth Amendment rights, conspired to deprive Plaintiff of his Civil Rights, violated the State Constitution, and falsely arrested and imprisoned him. Id. Plaintiff further argues that Officer DeRosa pulled over the vehicle solely because of the race of Plaintiff and Mr. Harris. Id. Specifically, Plaintiff asserts the following counts in his Third Amended Complaint: Count 1 — Violation of 42 U.S.C. § 1983 against Defendants DeRosa and Higgins; Count 2 — Violation of 42 U.S.C. § 1983 against the Township of Clinton and John Does 1-10; Count 3 — Conspiracy to Deprive One of Civil Rights against Defendants DeRosa and Higgins; Count 4 — Negligence against the Township of Clinton; Count 5 — False Arrest and False Imprisonment against all Defendants; and Count 6 — State Constitutional Claims against all Defendants. (See Dkt. no. 00-3746, entry no. 159).

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Cite This Page — Counsel Stack

Bluebook (online)
238 F.R.D. 157, 66 Fed. R. Serv. 3d 652, 2006 U.S. Dist. LEXIS 80071, 2006 WL 3114465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-derosa-njd-2006.