Plummer v. Department of Corrections

702 A.2d 535, 305 N.J. Super. 365
CourtNew Jersey Superior Court Appellate Division
DecidedNovember 25, 1997
StatusPublished
Cited by8 cases

This text of 702 A.2d 535 (Plummer v. Department of Corrections) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plummer v. Department of Corrections, 702 A.2d 535, 305 N.J. Super. 365 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

HAVEY, P.J.A.D.

Plaintiff instituted the present action under 42 U.S.C.A. § 1983 (§ 1983) against defendants State of New Jersey, Department of Corrections (DOC) and five corrections officers.2 By leave granted, the defendant officers appeal from the denial of their summary judgment motion. They argue that: (1) the motion judge erred when concluding that the defense of qualified immunity was a question of fact for the jury; and (2) summary judgment should have been granted because their actions were objectively reasonable, thereby entitling them to qualified immunity as a matter of law. We reverse and dismiss the complaint against all defendants.

The following facts were presented by defendants in support of their motion. At approximately 7:30 a.m., while patrolling the East Jersey State Prison, Corrections Officer John Wadley observed plaintiff dressed in “state grays”3 and state boots in the prison parking lot, asking employees for money. Wadley recognized plaintiff as a former inmate who had been housed at Rahway Camp during his confinement. Inmates housed in Rahway Camp have access to the exterior grounds of the prison. They therefore have the “opportunity to become familiar with the grounds and with the procedures in effect at Rahway Camp.” Knowing that plaintiff was no longer an inmate, Wadley ordered him to leave the premises.

Later that day Wadley received a call fi’om the prison centerkeeper4 reporting that there was a person in the bushes near [369]*369prison property. A second call from a prison officer reported that the trespasser was across the street from the prison behind the Superintendent’s house. In both instances Wadley was unable to locate any trespasser. Later, he received a third call reporting that the trespasser was again near the Superintendent’s house. Wadley observed plaintiff running from a shed behind the house. He called for backup and pursued plaintiff to a nearby Daily Queen.

Sergeant Chasey, hearing that a “possible inmate” or trespasser was running from the Superintendent’s house, was told by a senior officer to pursue the unidentified person, detain him and take him to the Internal Affairs Unit (IAU) for questioning. Sergeant Pinho received a transmission from his lieutenant requesting that Pinho backup Chasey. In response, Pinho and Officer Steinberg joined in the pursuit. Officer Bellamy, who also heard the transmission about an inmate in “grays”, joined the pursuit in a prison van.

Officers Chasey, Pinho, Wadley, Bellamy and Steinberg stopped plaintiff and questioned him. Plaintiff was frisked and handcuffed because he was angry and was making hostile remarks. He was thereupon transported to the IAU.

In his certification in opposition to summary judgment, plaintiff states that although he was in the vicinity of the prison on the morning in question, he never entered prison property. At the time, he was walking from his home to a nearby warehouse to make inquiry respecting job prospects. He was wearing blue jeans, a gray shirt and sneakers. He obtained an employment application from the warehouse and returned home. Upon returning to the warehouse later that day, plaintiff observed Officer Wadley driving his perimeter patrol. Plaintiff then walked to the Dairy Queen to get something to eat. There, he was arrested and handcuffed by defendants.

In light of the competing certifications, the motion judge denied defendants’ summary judgment application in its entirety. Without deciding the validity of defendants’ qualified immunity de[370]*370fense, the judge concluded that because there were factual disputes, all issues, including qualified immunity, must be decided by a jury.

In order to establish a viable claim under § 1983, a plaintiff must show that a public official acting under color of law violated a right guaranteed by federal law, constitutional or statutory. Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 1923, 64 L.Ed.2d 572, 577 (1980); McKinney v. East Orange Mun. Corp., 284 N.J.Super. 639, 647, 666 A.2d 191 (App.Div.1995), certif. denied, 143 N.J. 519, 673 A.2d 277 (1996). Here, defendants were obviously acting under color of state law in seizing plaintiff and transporting him to IAU for questioning.

Qualified or “good faith” immunity is an affirmative defense to a § 1983 claim alleging a violation of a federal constitutional right by a public official. Harlow v. Fitzgerald, 457 U.S. 800, 815, 102 S.Ct. 2727, 2736, 73 L.Ed.2d 396, 408 (1982); Gomez, supra, 446 U.S. at 640, 100 S.Ct. at 1924, 64 L.Ed.2d at 577-78. The immunity, available only to officials performing discretionary functions, see Harlow, supra, 457 U.S. at 816, 102 S.Ct. at 2737, 73 L.Ed.2d at 409, protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 1096, 89 L.Ed.2d 271, 278 (1986).

Law enforcement officials are generally “shielded from liability [under § 1983] insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, supra, 457 U.S. at 818,102 S.Ct. at 2738, 73 L.Ed.2d at 410. “[B]are allegations of malice should not suffice to subject government officials either to the costs of trial or to the burdens of broad-reaching discovery.” Id. at 817-18, 102 S.Ct. at 2738, 73 L.Ed.2d at 410. A “clearly established right” is one where “[t]he contours [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523, 530-31 (1987).

[371]*371The New Jersey Supreme Court has adopted the federal objective reasonableness standard when determining the applicability of the qualified immunity defense in § 1983 actions. See Kirk v. City of Newark, 109 N.J. 173, 536 A.2d 229 (1988). Interpreting Anderson, the Kirk Court reasoned that § 1983 requires “disposition of the actions as a matter of law, at least when these actions arise out of an alleged unlawful arrest, search, or seizure by a law enforcement officer.” Id. at 179, 536 A.2d 229. Thus, an officer is entitled to summary judgment if “either ... he or she acted with probable cause, or, even if probable cause did not exist, that a reasonable police officer could have believed in its existence.” Id. at 184, 536 A.2d 229. Courts should look to the information possessed by the law enforcement officials at the time of the warrantless arrest. Ibid.; Anderson, supra, 483 U.S. at 641, 107 S.Ct. at 3040, 97 L.Ed.2d at 532.

Here, the standards pertaining to probable cause to carry out a warrantless arrest were clearly established at the time plaintiff was apprehended. Kirk, supra, 109 N.J.

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702 A.2d 535, 305 N.J. Super. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plummer-v-department-of-corrections-njsuperctappdiv-1997.