SIMPSON JUAN v. GEORGE ALEMEZOHU

(NOTE: The status of this decision is .)
 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3778-07T13778-07T1

SIMPSON JUAN,

Plaintiff-Appellant,

v.

GEORGE ALEMEZOHU AND

RICHARD BUTLER,

Defendants,

and

JEAN DUPONT, SUSAN SANCHEZ,

WILLIAM NEMETH, ORLANDO BORRERO,

MUHLENBERG REGIONAL MEDICAL

CENTER-SOLARIS HEALTH SYSTEM,

Defendants-Respondents.

 

Submitted May 12, 2009 - Decided

 
Before Judges Winkelstein and Fuentes.

On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, L-5815-06.

Simpson Juan, appellant pro se.

Cole, Schotz, Meisel, Forman & Leonard, attorneys for respondents Jean Dupont, William Nemeth, Orlando Borrero and Muhlenberg Regional Medical Center (Donald A. Ottaunick, of counsel and on the brief; Lauren T. Rainone, on the brief).

Daniel A. Williamson, Corporation Counsel, attorney for respondent Susan Sanchez (John Motta, on the brief).

Anne Milgram, Attorney General, attorney for respondents District VIII Ethics Committee, District VIII Ethics Committee Secretary Manny Gerstein, Esquire and the Office of Attorney Ethics (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Matthew Sapienza, Deputy Attorney General, on the brief).

PER CURIAM

Plaintiff and defendant George Alemezohu worked at the Muhlenberg Regional Medical Center. An argument broke out between them, which resulted in each filing municipal court assault complaints against the other. The court found both parties not guilty.

Plaintiff then filed a civil suit against Alemezohu; that lawsuit was subsequently dismissed. Plaintiff subsequently filed this lawsuit in July 2006. In addition to suing Alemezohu, plaintiff sued Alemezohu's former attorney, Richard Butler, multiple persons employed at the Muhlenberg Regional Medical Center, and a municipal court employee. The court denied plaintiff's motions to join other persons and ultimately granted all of defendants' motions to dismiss plaintiff's complaint.

Plaintiff appeals from the orders dismissing his complaint, as well as from the orders denying him the right to join additional parties. On appeal, he raises the following ten points for our consideration:

POINT I THE TRIAL JUDGE ABUSE[D] HIS DISCRETION BY DENYING PLAINTIFF LEAVE TO AMEND COMPLAINT.

POINT II THE [TRIAL] JUDGE ABUSE[D HIS] DISCRETION BY DENYING PLAINTIFF HIS CONSTITUTIONAL RIGHTS TO DUE PROCESS AND EQUAL PROTECTION OF THE LAWS.

POINT III THE TORT CLAIM[S] ACT DOES NOT APPLY TO PLAINTIFF'S CLAIM ARISING UNDER THE CIVIL RIGHTS ACT.

POINT IV THE TRIAL JUDGE ABUSE[D HIS] DISCRETION BY DENYING PLAINTIFF'S CLAIM FOR MALICIOUS PROSECUTION.

POINT V MANNY GERSTEIN, ESQ. AND OFFICE OF ATTORNEY ETHICS ARE NOT ABSOLUTELY IMMUNE[] UNDER CIVIL RIGHTS ACT FOR CONSTITUTIONAL DEPRIVATION FOR DECLARATORY OR INJUNCTIVE RELIEF.

POINT VI NEW JERSEY COURTS RECOGNIZE THE TORT OF PRIMA FACIE TORT [IF] PLAINTIFF['S] CAUSE OF ACTION FALL[S] WITHIN GAPS IN LAW.

POINT VII THE TRIAL JUDGE ABUSE[D HIS] DISCRETION BY DENYING PLAINTIFF'S CLAIM OF DENIAL OF ACCESS TO COURT BY DEFENDANTS PLAINFIELD MUNICIPAL EMPLOYEES.

POINT VIII PLAINTIFF['S] CLAIM NOT BARRED BY RES JUDICATA OR COLLATERAL ESTOPPEL PURSUANT TO THE ENTIRE CONTROVERSY DOCTRINE.

POIN IX THE TRIAL JUDGE IMPROPERLY DISMISS[ED] PLAINTIFF'S CLAIM AGAINST DEFENDANT ALEMEZOHU WHO DID NOT [MAKE] ANY MOTION TO DISMISS OR OTHERWISE PLEAD AFFIRMATIVE DEFENSE BUT DEFAULTED IN DISCOVERY.

POINT X DEFENDANT ALEMEZOHU HAD UNCLEAN HANDS.

Having reviewed plaintiff's arguments in light of the prevailing law and the record, we conclude that his arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm all of the orders challenged by plaintiff on appeal, which include the following: March 16, 2007 order dismissing the complaint as to defendant Susan Sanchez; March 16, 2007 order dismissing the complaint as to defendant Richard Butler; March 16, 2007 order denying plaintiff's motion to amend the complaint; March 16, 2007 order denying plaintiff's application to file a late notice of claim against defendant, Susan Sanchez, and the City of Plainfield; March 16, 2007 order dismissing the complaint as to defendants Jean Dupont and William Nemeth; January 18, 2008 order dismissing plaintiff's complaint as to defendant Richard Butler; January 18, 2008 order denying plaintiff's motion for joinder of claims; January 18, 2008 order denying plaintiff's "application for civil action for damages and other appropriate relief pursuant to CRA"; January 18, 2008 order denying plaintiff's application for "joinder of parties and claims as against the Office of Attorney Ethics" and Manny Gerstein, Esquire; January 18, 2008 order denying plaintiff's application for entry of default against defendant, George Alemezohu; January 18, 2008 order denying plaintiff's application for a proof hearing; January 18, 2008 order granting summary judgment in favor of defendants Orlando Borrero and the Muhlenberg Regional Medical Center, dismissing plaintiff's complaint with prejudice; and April 3, 2008 order dismissing plaintiff's complaint as to defendant George Alemezohu.

 
Affirmed.

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A-3778-07T1

June 1, 2009