Owens v. Armstrong

171 F. Supp. 3d 316, 2016 U.S. Dist. LEXIS 37166, 2016 WL 1117945
CourtDistrict Court, D. New Jersey
DecidedMarch 22, 2016
DocketCivil Action No. 15-4911 (JBS-AMD)
StatusPublished
Cited by38 cases

This text of 171 F. Supp. 3d 316 (Owens v. Armstrong) 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
Owens v. Armstrong, 171 F. Supp. 3d 316, 2016 U.S. Dist. LEXIS 37166, 2016 WL 1117945 (D.N.J. 2016).

Opinion

OPINION

SIMANDLE, Chief Judge:

I. INTRODUCTION

Before the Court is Plaintiff Richard Owens’ (“Plaintiff’), submission of a civil rights complaint pursuant to 42 U.S.C. §§ 1983, 1985, and 1986; the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq.; and § 504 of the Rehabilitation Act (“RA”), codified at 29 U.S.C. § 794. At this time, the Court must review the complaint, pursuant to 28 U.S.C. § 1915A to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune from such relief. For the reasons set forth below, the Court concludes that the complaint will be dismissed in part and permitted to go forward in part. Additionally, Plaintiffs motion for the appointment of counsel, (Docket Entry 6), will be granted.

II. BACKGROUND

Plaintiff brings this civil rights action against Defendants Paul Armstrong, J.S.C., Julie M. Marino, J.S.C., Anthony Mignella, and Raymond Black. The following factual allegations are taken from the complaint and are accepted for purposes of this screening only. The Court has made no findings as to the veracity of Plaintiffs allegations.

Plaintiff is a convicted and sentenced state prisoner currently confined at South Woods State Prison (“SWSP”), Bridgeton, New Jersey. Defendant Mignella represented Plaintiff on an indictment out of Somerset County charging him with armed [325]*325robbery and aggravated assault on a police officer. (Docket Entry 3 ¶ 12). Through discovery, Plaintiff and Defendant Mignel-la learned that the officer Plaintiff allegedly assaulted was Defendant Mignella’s brother-in-law. (Docket Entry 3 ¶ 12(a)). Defendant Mignella’s visits with Plaintiff became hostile, with Defendant Mignella being “verbally aggressive” towards Plaintiff. (Docket Entry 3 ¶ 12(a)).

Plaintiff filed a complaint with the warden of SWSP, which was referred to the Somerset County Prosecutor’s Office. (Docket Entry 3 ¶ 12(a)). Plaintiff ultimately declined to press charges out of fear of retaliation. (Docket Entry 3 ¶ 12(a)). At trial, the jury found Plaintiff not guilty of the assault on the officer by reason of mental incapacity. (Docket Entry 3 ¶ 13). Defendant Mignella was eventually promoted to Deputy Public Defender in the Somerset County Public Defender’s Office, where he was in charge of evaluating pro se post-conviction relief (“PCR”) petitions. (Docket Entry 3 ¶ 14).

Plaintiff was later indicted for first-degree armed robbery, N.J. Stat. Ann. § 2C:15-1; third-degree possession of a weapon for an unlawful purpose, N.J. Stat. . Ann § 2C:3íM(d); and third-degree receiving stolen property, N.J. Stat. Ann. § 2C:20-7. (Docket Entry 3 ¶ 15). He pled guilty to an offered eighteen years with a thirty-five percent parole disqualifier under New Jersey’s No Early Release Act, N.J. Stat. Ann. § 2C:43-7.2. (Docket Entry 3 ¶ 16). He was sentenced in accordance with that agreement; however, Plaintiff appealed the sentence as being excessive in March 2012. (Docket Entry 3 ¶¶ 17-18). After the Appellate Division affirmed his sentence, he filed a PCR petition on March 4, 2013. (Docket Entry 3 ¶¶ 18-19).

According to the complaint, Defendant Mignella received a copy of Plaintiffs petition as the public defender in charge of reviewing PCR petitions, and proceeded to retaliate against him for escaping conviction on the assault against his brother-in-law. (Docket Entry 3 ¶ 20). He assigned Plaintiff a pool attorney to represent Plaintiff in his PCR proceedings; however after discovering that the attorney had just passed the bar exam, Plaintiff petitioned the court for a new attorney and notified the Ethics Committee and Advisory Committee on Judicial Conduct (“AJAC”). (Docket Entry 3 ¶ 22).

Plaintiff was thereafter assigned a new pool attorney, who “’knowingly’ accepted the Plaintiffs case with a ’conflict of interest’ and was constantly undermining or discounting the Plaintiffs concerns and/or allegations of conflicting representation.” (Docket Entry 3 ¶ 23).1 This attorney withdrew from Plaintiffs matter “after [Plaintiff] exposed her ill-representation by ’sabotaging’ a viable PCR claim of his by via [sic] video-conferencing from SWSP,” and Plaintiff threatened to file a complaint with the Ethics Committee and the court. (Docket Entry 3 ¶ 25). Plaintiffs third pool attorney “refused to publicly promote [former counsel’s] ill-representation against the Plaintiff to the Somerset County judiciary and/or Office of the Public Defender ....” (Docket Entry 3 ¶ 29).

Plaintiff thereafter began looking into retaining a private attorney. After receiving quotes for representation, he informed his current pool attorney that he wanted to retain private counsel with the proceeds of a federal civil action. (Docket Entry 3 ¶¶ 28, 30-31). Plaintiff did not receive any response from his pool attorney, (Docket Entry 3 ¶ 32), so he filed a pro se Motion for Self-Representation with the court. (Docket Entry 3 ¶ 33).

[326]*326Simultaneously with this motion, Plaintiff requested he be given an accommodation under the ADA, permitting him to appear via video-conferencing. (Docket Entry 3 ¶ 33). On April 4, 2014, Plaintiff mailed the judge presiding over his PCR proceedings, Defendant Armstrong, forms documenting his disability in support of his request for accommodations. (Docket Entry 8 ¶ 34). Plaintiff wrote to the court again on May 9, 2014 with more medical documents, as well as to inquire why the Criminal Division Manager had not confirmed the filing of his motions. (Docket Entry 3 ¶ 35).

On May 15, 2014, Plaintiff wrote to Defendant Marino, the Presiding Criminal Judge in Somerset County, in order to find out why “the Criminal Division Manager, Defendant Armstrong, and the State decline[d] to respond to his letters or provide written confirmation or acknowledge” the filing of his motions. (Docket Entry 3 ¶ 36). According to Plaintiff, a SWSP library employee called the Criminal Division Manager, and was informed that none of the motions Plaintiff submitted pro se had been filed. (Docket Entry 3 ¶ 36(e)). Plaintiff requested Defendant Marino adjourn the PCR hearing, scheduled for May 29, 2014, in order to give him a chance to retain private counsel. (Docket Entry 3 ¶ 36(f)).

Plaintiff mailed another letter to Defendant Marino the next day, May 16, again asking the court to postpone his hearing for two months so that he could retain private counsel. (Docket Entry 3 ¶ 37). He also asked her to vacate any existing transport writ for May 29, 2014, so that he would not have to travel to court via a prison transport van. (Docket Entry 3 ¶ 37). On May 23, 2014, however, Plaintiff was instructed by SWSP officials to get ready for his court trip. (Docket Entry 3 ¶ 28). Plaintiff was placed in a holding cell awaiting transport; however, he was unable to get into the van as it was not ADA-accessible.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
171 F. Supp. 3d 316, 2016 U.S. Dist. LEXIS 37166, 2016 WL 1117945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-armstrong-njd-2016.