White v. Williams

208 F.R.D. 123, 2002 U.S. Dist. LEXIS 10252, 2002 WL 1274140
District Court, D. New Jersey·Decided June 10, 2002·No. No. CIV.A. 99-CV-2240(JAP)·Published·Cited by 9 cases

Opinion

OPINION

PISANO, District Judge.

I. INTRODUCTION

This is the latest round in the “racial profiling” litigation which has consumed New Jersey’s State and Federal Courts for the better part of six years. 1 Specifically, the individually named Plaintiffs, three African-American men who were stopped on the New Jersey Turnpike (“Turnpike”) allegedly on the basis of their race, filed this civil rights action on behalf of themselves, and a class of similarly situated individuals, alleging that Defendants violated their civil rights through conducting, endorsing and covering up the State Police’s practice of “racial profiling-” on the Turnpike.

Presently before the Court is Plaintiffs’ motion for class certification pursuant to Fed R. Civ. P. (“Rule”) 23(b)(3). The motion presents a moving target, in that, Plaintiffs’ moving papers include two separate definitions of the proposed class. First, the Motion for Class Certification defines the proposed class as “comprising all persons of color who for the period of January 1, 1993 through April 3, 2001 were subjected to stops, detention and/or searches on the New Jersey Turnpike by the New Jersey State Police in violation of the Fourth and Fourteenth Amendments to the United States Constitution.” (Motion for class certification). On the other hand, the proposed Order includes the much broader definition of “[a]ll persons of color who were stopped, detained, and/or searched by New Jersey State Police on the New Jersey Turnpike for the period January 1, 1993 through April 3, 2001.” (Proposed Order).

Defendants filed opposition. The Court decides this motion without oral argument pursuant to Rule 78. The motion for class certification is denied because Plaintiffs’ proposed definition of the class is overly broad, amorphous and vague. Further, even if Plaintiffs had clearly defined a class, its certification would be inappropriate because individual issues unique to each individual plaintiffs claim predominate over the issues common to all members of the proposed class. Finally, Plaintiffs cannot demonstrate that handling this matter as a class action is superior to resolving it through traditional litigation.

II. BACKGROUND2 A. Procedural History

Plaintiffs Thomas White (“White”), John McKenzie (“McKenzie”), Frederick Hamiel (“Hamiel”), Tyrone Hamilton (“Hamilton”) and the South Burlington County Branch, National Association for the Advancement of Colored People (“NAACP”) commenced this action on May 14, 1999, alleging various claims against Defendants, the Department of Law and Public Safety-Division of State [126] Police (“State Police”), the New Jersey-Turnpike Authority (“Turnpike Authority”), Col. Carl A. Williams (“Williams”), Col. Clinton Pagano (“Pagano”), Col. Michael Fedor-ko (“Fedorko”), Justice Peter Verniero (“Verniero”) and Attorney General John J. Farmer, Jr.(“Farmer”), related to the State Polices’ practice of racial profiling on the Turnpike. An Amended Complaint containing five counts was filed' on June 22, 19993. On November 3, 1999, Judge Irenas placed this matter on administrative suspension pending the outcome of class certification issues in the related State Court ease Morka v. State of New Jersey, No. L-8429-97 (N.J.Super.Ct.Law.Div. Oct. 5, 2000). After the Superior Court denied class certification in Morka, this case was reopened on January 25, 2001. It was reassigned to the undersigned on April 3, 2001.

Thereafter, various motions to dismiss pursuant to Rule 12(b)(6) and motions for summary judgment pursuant to Rule 56 were filed by various Defendants including Vernie-ro, the State Police, the Turnpike Authority, Pagano, Fedorko and Farmer. On November 14, 2001, this Court entered a consent order dismissing with prejudice Counts two (§ 1981), three (§ 1985) and four (§ 1986) as to defendant Pagano and Count four (§ 1986) as to defendant State Police. On November 19, 2001, counsel for defendant Williams entered an appearance.

On January 9, 2002, this Court granted in part and denied in part defendants’ motions to dismiss and for summary judgment. White v. Williams, 179 F.Supp.2d 405 (D.N.J.2002). Specifically, the Court denied Defendants’ motion to dismiss Counts one (§ 1983), three (§ 1985) and four (§ 1986)4 and granted Verniero’s motion to dismiss Count two (§ 1981) and Defendants’ motion to dismiss Count five (Title VII injunctive relief). Id. at 424-25. Therefore, the following counts remain: “Count one (§ 1983) as to defendants Williams, Pagano and Verniero; Count two (§ 1981) as to Williams; Count three (§ 1985) as to Williams and Verniero; Count four (§ 1986) as to Williams, Verniero and the Turnpike Authority.” Id. The Opinion dismissed all claims as to Farmer, Fedor-ko, and the State Police. In addition it dismissed all claims filed by the NAACP. Id.

Thereafter, Answers were filed by Pagano and Verniero. The instant motion followed.

B. Proposed Class Representative’s Individual Claims5

i. White

White, a retired Philadelphia corrections officer, complains of two instances of “racial profiling” that occurred one month apart in 1998. (amend compl). First, White alleges that in May 1997, he was stopped by an unidentified Caucasian trooper for erratic driving while traveling northbound on the Turnpike in the vicinity of exit 7. (amend. compl.1l 21). After the trooper inspected White’s license, registration and insurance policy, the trooper sought White’s consent to search the vehicle. (White dep. at 17). White consented and the trooper searched the car and found nothing. White acknowledged that, throughout the stop, the trooper was polite and respectful toward him, but he viewed the politeness to be a veneer. White recalled “[h]e was using the term sir a lot, but between the sirs, I could hear the arro[127] gance in his voice.” (White dep. at 23). White was not personally searched. (White dep. at 21). The trooper released him without issuing a citation.

Approximately one month later, White was again stopped by a different unnamed Caucasian trooper for erratic driving, (amend. compl.H 22). At the time of this stop, White was traveling northbound on the Turnpike in the vicinity of exit 9. (amend.compl.H 22). Like the first stop, the trooper checked White’s license, registration and insurance information, before seeking White’s consent to search the trunk. (White dep. at 32). White consented, the trooper searched the trunk and found no evidence of criminality. (amend.eompI.H 22). White was released without being issued a citation.

White testified at his deposition that as a result of these incidents he has suffered mental harm. (White dep. at 51-52). White recalled that he suffered “anger and frustration. I mean, I know that I was driving safely, responsibly, and I know there was no reason for them to pull me over other than the fact that the color of my skin, and I was totally angry.” (White dep. at 52). White has not sought medical treatment as a result of these stops.

ii. Hamiel

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White v. Williams, 208 F.R.D. 123, 2002 U.S. Dist. LEXIS 10252, 2002 WL 1274140 (D.N.J. 2002).

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