Schneider v. Simonini

715 A.2d 1018, 314 N.J. Super. 583, 1998 N.J. Super. LEXIS 392
CourtNew Jersey Superior Court Appellate Division
DecidedSeptember 4, 1998
StatusPublished
Cited by3 cases

This text of 715 A.2d 1018 (Schneider v. Simonini) 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
Schneider v. Simonini, 715 A.2d 1018, 314 N.J. Super. 583, 1998 N.J. Super. LEXIS 392 (N.J. Ct. App. 1998).

Opinion

The opinion of the court was delivered by

COLLESTER, J.S.C. (temporarily assigned).

Defendants Donald Simonini and Robert T. Buccino appeal from a final judgment of the Law Division finding Simonini, an investigator with the New Jersey Division of Criminal Justice (DCJ), and Buccino, Deputy Chief Investigator of the DCJ, liable under 42 U.S.C.A. § 1983 for violating the civil rights of Frank Schneider by his false arrest and detainment. We reverse on the grounds that defendants were entitled to judgment under the doctrine of qualified immunity.

[586]*586Plaintiffs Frank Schneider, Jr. and Susan Schneider filed this § 1983 action against defendants Simonini and Buccino as well as other law enforcement officers and agencies based on the wrongful arrest of Frank Schneider, Jr.1 Motions for summary judgment were granted in favor of other defendants, but the motion judge denied summary judgment to Simonini and Buccino as well as to John Post, another investigator with the DCJ, finding that there were genuine issues of material fact as to the existence of probable cause for plaintiff’s arrest. We denied defendants’ motion for leave to appeal, and the matter proceeded to a jury trial.

Both sides moved for judgment at the conclusion of testimony. The trial judge dismissed the case against Post based on qualified immunity. However, he found that Simonini and Buccino “demonstrated a deliberate indifference to the existence of probable cause,” denied their motion and granted judgment to plaintiffs on liability. The case proceeded to the jury on the sole issue of damages, resulting in an award to plaintiffs of $60,000 against Simonini and $15,000 against Buccino. Defendants’ motions for judgment notwithstanding the verdict, as well as for a new trial or remittitur were denied. Plaintiffs’ application for counsel fees was granted and a subsequent award was entered for $301,944 to be paid by defendants. This appeal followed.

The pertinent facts are as follows. In October 1988, the Organized Crime Bureau of the DCJ began Operation LeJeune, an investigation of the northern faction of the Bruno/Scarfb organized crime family involved in an alleged conspiracy to commit the crimes of armed robbery, drug dealing and arson. Key to the investigation was the cooperation of Tony Bonura, a turncoat informant who was part of the Bruno/Scarfo crime network. Bonura assisted both by providing inside information and by wearing a wire recorder in conversations with investigation targets. Because disclosure of his cooperation could well result in his death, Bonura’s identity was a secret known only to those at the [587]*587center of the investigation, which included defendants as well as Deputy Attorney General John Mercun. Simonini was the lead investigator and in charge of Bonura. Buccino was the commander of the Organized Crime bureau of the DCJ. Mercun’s responsibilities included consultation with Simonini and Buccino on legal matters including applications for arrest and search warrants prior to submission to a Superior Court judge.

On April 19, 1989, Bonura recorded his conversation with Richard Discorfano, an Operation LeJeune target, in which Discorfano told Bonura that a Mark Vilardi and Frank Schneider, Jr. had botched a hijacking of a truck load of VCRs for Discorfano. The conversation included the following:

A.B. (Anthony Bonura): ... what about the big load, VCRs, shit like that.
R.D. (Richard Discorfano): That ain’t them, that ain’t them. Those guys are going into hijacking. Remember, I told you I hired a couple of guys to hijack. Those guys, they don’t know what they’re doing. They handcuffed a guy in South Jersey, they’re bring’em up here, the guys get out of the fuckin’ truck, he’s knocking on people’s fuckin’ door.
A.B.: Who stuck them up?
R.D.: They did.
A.B.: Smokey and a...
R.D.: No. No. Frankie.
A.B.: Frankie Schneider?
R.D.: Not the father, the son.
A.B.: The son. Yea.
R.D.: Well. Mark right now is involved with the walkie talkie, Frank Schneider does the shit. Know what I’m saying?

Bonura told Simonini that he did not know any Frank Schneider, Jr. and had only a vague recollection of the name. No further information was obtained on the matter until July 10,1989, shortly before Operation LeJeune was terminated, when Simonini spoke with Robert DeBellis, an FBI Special Agent assigned to the Hijack Squad. During a conversation focused on other matters, DeBellis told Simonini that he had been advised by his confidential informant that Mark Vilardi and Frank Schneider, Jr. had committed an armed hijacking for Richard Discorfano of a truck loaded with VCRs on the New Jersey Turnpike in South Jersey [588]*588and had abandoned the truck and cargo after striking a telephone pole in North Jersey, leaving the truck driver bound in the sleeper section of the truck.

DeBellis’ informant told him that Vilardi had an arrest record and lived in Paterson. He described Frank Schneider, Jr. as a “big kid” about six to six feet two inches tall with a large muscular build and in his twenties. He said that Schneider lived in the Garfield-Lodi area and that both he and his father had criminal records.

DeBellis told Simonini that the FBI corroborated his informant’s information by checking the reports of the State Police and the Hackensack Police Department. These reports confirmed that on December 27, 1988 there was a hijacking at gunpoint of a truck load of Samsung VCRs and televisions near Exit 4 of the New Jersey Turnpike. The driver, Cliff Glidden, had picked up his load at the Samsung warehouse in Saddle Brook, New Jersey and was heading for Maryland when he was hijacked, bound and thrown into the sleeper portion of the tractor. The hijackers later abandoned the tractor trailer and its cargo in Hackensack after striking a light pole in the Little Ferry area.

DeBellis told Simonini that he did not have photographs of Vilardi or Schneider. When Simonini asked DeBellis if his informant could make an identification of the men from photographs, DeBellis said that the informant would be of no assistance. Si-monini took the comment to mean that DeBellis would not make his informant available for any identification in order to protect the informant’s identity. Simonini followed standard police procedure in not asking DeBellis for the identify of his informant. However, he was assured by DeBellis that the informant had proved reliable in the past and had been independently corroborated by DeBellis and other FBI agents.

Simonini reviewed his files and found that another of his confidential informants had reported that in December 1988, Discorfa-no asked for help in “moving” a load of stolen video cassette recorders and cosmetics that he expected to receive. He then [589]*589received and read the State Police report of the December 27, 1988 hijacking in which Glidden told the State Police that he left Saddle Brook at 2 p.m. and stopped at a Turnpike service area to use the rest room. He said that on his return a man put a gun to his head, handcuffed him behind his back, bound his feet with tape and pushed him to the sleeper berth portion of the truck.

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Related

Schneider v. Simonini
749 A.2d 336 (Supreme Court of New Jersey, 2000)

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Bluebook (online)
715 A.2d 1018, 314 N.J. Super. 583, 1998 N.J. Super. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-simonini-njsuperctappdiv-1998.