JOHNSON v. CITY OF PATERSON et al, No. 2:2021cv19907 - Document 30 (D.N.J. 2022)
Court Description: OPINION. Signed by Judge Evelyn Padin on 11/1/2022. (ld, )
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JOHNSON v. CITY OF PATERSON et al Doc. 30 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 1 of 12 PageID: 325 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY BRESHEY JOHNSON, Plaintiff, No. 21cv19907 (EP) (JSA) v. OPINION THE CITY OF PATERSON, OFFICER LEVIS QIRJAKO, in his personal capacity, OFFICER ELBRUZ DAGISTANLI, in his personal capacity, Defendants. Evelyn Padin, U.S.D.J. Presently before the Court is Defendant all claims asserted against it by Plaintiff Procedure 12(b)(6). D.E. 18. motion to dismiss under Federal Rule of Civil and decides the motion without oral argument. See Fed. R. Civ. P. 78(b); L. Civ. R. 78.1(b). For the reasons stated below, Paterson motion is GRANTED in part (as to Counts I and IV) and DENIED in part (as to Counts II and III). I. BACKGROUND1 A. Factual Background This is a civil rights case brought by Johnson against Paterson and two Paterson Police Officers, Levis Qirjako and Elbruz Dagistanli. Johnson asserts various claims against Defendants 1 For the purposes of this Opinion, the Court accepts as true all of the c allegations. -pled factual Dockets.Justia.com Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 2 of 12 PageID: 326 under 42 U.S.C. § 1983. Her factual allegations underlying her claims are as follows: Late on the night of March 11, 2020, Johnson and her exD.E. 13 at 1. The argument continued outside, and the ex-girl s behavior. Id. Officers Qirjako and Dagistanli arrived at the scene after the argument ended, at the same time Uber arrived. Id. Qirjako arrested Johnson at approximately 1:00am on March 12, 2020, as she attempted to get in to y Id. at 2. Johnson alleges that handcuffs, before processing, Officer Qirjako began swinging [her] by [her] arms into a wall and bench. Id. Id. She further claims that several officers witnessed this incident, and not one officer intervened to stop it. Id. at 3. [ed [and] bruised [her] cheek bones/forehead Id. ains in [her] right shoulder anytime [she] use[s] her shoulder for too long. Id. Id. Johnson alleges that she was thereafter placed in a holding cell -6 hours. Id. at many request[s] for toilet pap Id. 2 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 3 of 12 PageID: 327 Id. She was accordingly Id. l trauma and an arm injury. The doctor was [also] concerned [about a potential] facial fracture and Id. As noted, Johnson specifically avers that other officers in the precinct alleged use of excessive against her, and that all such officers refused to intervene. Johnson asserts that this fact demonstrates unconstitutional customs, practices and a pattern of excessive force that Paterson is liable for. Id. at 3. Johnson also points to several reports and additional statistics which purportedly bolster her claims against Paterson, specifically reports filed by the Paterson police department showed that the internal affairs division disposed of 93 excessive force complaints against city police officers from 2015 through 2019 and found that an officer did Id. Second, she notes obtained criminal convictions against at- Id. And third, that a two- department had out of date p and that endant Officers and its other officers, including but not limited to, matters related to the reasonable and appropriate use of force during [] arrests, and intervention in the excessive use of force by fellow Id. at 4. 3 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 4 of 12 PageID: 328 B. Procedural History Johnson initiated this action, pro se, on November 10, 2021. D.E. 1. On April 6, 2022, Johnson, still acting pro se four separate claims under 42 U.S.C. § 1983: (1) Fourth Amendment Violations, against all defendants; (2) Monell Liability, i.e., that a municipal policy or custom was the moving force behind the injury, against Paterson only; (3) Canton Liability, i.e., a Monell-rooted failure-to-train claim, against Paterson only; and (4) Eighth Amendment Violations, against all defendants. Id. On May 6, 2022, Paterson filed its motion to dismiss all claims asserted against it pursuant to Federal Rule of Civil Procedure 12(b)(6). D.E. 18. On July 18, 2022, Johnson, now represented by counsel, filed her opposition to that motion. D.E. 26. Paterson filed its reply on July 25, 2022. D.E. 28. II. LEGAL STANDARD Federal Rule of Civil Procedure 8(a) does not require that a complaint contain detailed factual allegations. However, the Twombly, 550 U.S. at 570; see also West Run Student Hous. Assocs., LLC v. Huntington Nat. Bank, 712 F.3d 165, 169 (3d Cir. 2013). the reasonable inferen Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly . . it asks for more than a sheer p Id. Rule 12(b)(6) provides for the dismissal of a complaint if it fails to state a claim upon which relief can be granted. As the moving party, the defendant bears the burden of showing that no claim has been stated. Animal Sci. Prods., Inc. v. China Minmetals Corp., 654 F.3d 462, 469 n.9 4 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 5 of 12 PageID: 329 (3d Cir. 2011). For the purposes of the motion, the facts alleged in the complaint are accepted as true and all reasonable inferences are drawn in favor of the plaintiff. New Jersey Carpenters & the Trustees Thereof v. Tishman Const. Corp. of New Jersey, 760 F.3d 297, 302 (3d Cir. 2014). III. ANALYSIS A. 42 U.S.C. § 1983, Generally Johnson asserts claims pursuant to 42 U.S.C. § 1983, which, in relevant part, provides that the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. 42 U.S.C. § 1983. B. Counts I and IV Are Dismissed Against Paterson The Court, as an initial matter, will dismiss Counts I a against Paterson (insomuch as Johnson is even attempting to assert direct claims against Paterson by way of those two counts). Although Johnson lists Paterson as a defendant in the heading of both counts, it is clear, upon a review of the substantive allegations therein, that both of these counts speak only to the specific actions rights. See D.E. 13 at 2-4. Indeed, Johnson does not discuss Paterson within Counts I and IV at all. See id. Importantly, Section 1983 liability cannot attach to a municipality or local governing body under a theory of respondeat superior. , 436 U.S. 658, 694 (1978). Counts I and IV are accordingly dismissed as against Paterson. 5 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 6 of 12 PageID: 330 C. Monell-Based Claims The Court now turns its attention to the two Section 1983 municipal liability claims which Johnson specifically asserts against the City of Paterson: Count II (Monell Liability, i.e. custom or policy claim) and Count III (Canton Liability, i.e. failure-to-train claim). A Jewell v. Ridley Township, 497 F. App x 182, 185 (3d Cir. 2012) (quoting Monell, 436 U.S. at 694). Watson v. Abington Twp., 478 F.3d 144, 155 (3d Cir. 2007) (internal quotation and alteration omitted). course of conduct, although not specifically endorsed or authorized by law, is so well-settled and Id. at 155-56 (internal quotation omitted). For a policy or custom claim, in addition to pleading that a policy or custom inflicted the injury in question, a plaintiff must also allege that the policy or custom was the proximate cause of his injuries. Estate of Roman v. City of Newark, 914 F.3d 789, 798 (3d Cir. 2019) (citations To do this, a plaintiff must demonstrate an conduct in the past, . . . failed to take precautions against future violations, and that [its] failure, at Id. (quotations and citation omitted). A plaintiff does not need to identify a responsible decisionmaker in his pleadings, and a plaintiff is not required to prove that the custom had the municipality s formal approval. Id. (citation omitted). 6 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 7 of 12 PageID: 331 A Section 1983 municipal liability claim may also be premised on a municipality s failure to properly train, supervise, or discipline its employees. See Reitz v. County of Bucks, 125 F.3d To plead such a claim, a plaintiff must demonstrate that a city Roman, 914 F.3d at 798 (3d Cir. 2019) (quoting Brown v. Muhlenberg Township, 269 F.3d 205, 215 (3d Cir. 2001)). For claims involving police officers, the alleged failure can onl Id. (quoting City of Canton v. Harris, 489 U.S. 378, 388 (1989)); see also Forrest v. Parry, 930 F.3d 93, 106 (3d Cir. 2019) (explaining that a Monell separate, but equally demanding requirement of demonstrating a failure or inadequacy amounting to deliberate indifference on the part of the m know that employees will confront a particular situation, (2) the situation involves a difficult choice or a history of employees mishandling, and (3) the wrong choice by an employee will Roman, 914 F.3d at 798 (quoting Doe v. Luzerne County, 660 F.3d 169, 180 (3d Cir. 2011) (internal brackets omitted)); see also Connick v. Thompson, 563 U.S. 51, 61 (2011) ( constitutional rights, the city may be deemed deliberately indifferent if the policymakers choose ). D municipal actor disregarded a known or obvious consequence of his action . . . Ordinarily, a pattern 7 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 8 of 12 PageID: 332 of similar constitutional violations by untrained employees is necessary to demonstrate deliberate Thomas v. Cumberland Cty., 749 F.3d 217, 223 (3d Cir. 2014) (internal quotations, citations, and brackets omitted); accord Connick v. Thompson, 563 U.S. 51, 61 (2011) ( s culpability for a deprivation of rights is at its most tenuous ). a. Estate of Roman v. City of Newark The Third Circuit in Roman used these guidelines to assess the pleading sufficiency of the plaintiff s Monell-rooted policy or custom and failure-to-train claims against the City of Newark. Roman, 914 F.3d 789. The Third Circuit found that the plaintiff had not pled an unconstitutional policy because his complaint failed to refer to an official proclamation, policy, or an edict. Id. at 798. The Third Circuit found, however, that the plaintiff sufficiently pleaded a claim for an unconstitutional custom, as well as a claim that Newark failed to train, supervise, and discipline its officers. Id. at 799. in areas including . . . complaints against officers accused of . . complaint referred to a press release, a newspaper article, and a consent decree. Id. Those documents collectively provided that Newark was under the supervision of a federal monitor after arrest, and that the monitor would oversee reforms in several areas, including searches, arrests, and the intake and investigation of misconduct complaints. Id. More specifically, the consent decree covered the same type of conduct the plaintiff alleged, as it prohibited officers from relying on information known to be materially false or incorrect to justify a warrantless search or to effect an arrest, mandated officers to collect data on 8 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 9 of 12 PageID: 333 consent, the type of search, and a brief description of the facts creating probable cause, and required the police department to investigate police misconduct with special emphasis on allegations of criminal misconduct, false arrest, planting evidence, and unlawful searches. Id. The newspaper article and the consent decree also provided factual support to the plaintiff s failure-to-train claim, as the head of Newark s police union conceded the last training he received was in 1995, when he first joined the Newark Police Department. Id. at 799-800. The consent decree further indicated that Newark police officers in general were not trained on the requirements of the Fourth Amendment and related law, touched on supervisory review of unlawful searches and arrests requiring desk lieutenants and unit commanders to review searches that appeared to be without legal justification and arrests that were unsupported by probable cause, and provided disciplinary measures for police officers who engaged in unlawful searches and false arrests. Id. at 800. In Roman, the Third Circuit determined that at the pleadings stage, the plaintiff s allegations, along with the references to and content of the press release, newspaper article, and consent decree, were strong enough to survive a motion to dismiss. Id. In reversing the district court s dismissal of the plaintiff and properly associated documents in the light most favorable to [plaintiff], there are claims plausible enough to withstand a motion to dismiss. We think there is one the municipal liability claim. And the [district court] did not have to look beyond the amended complaint and supporting documents to glean t Id. at 803. b. Application Monell-Based Claims This Court finds the reasoning of Roman to be particularly instructive, and will, based on Monell-based custom or policy and failure- 9 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 10 of 12 PageID: 334 to-train claims to proceed at this time. or policy claim, it is clear that Johnson has not pled an unconstitutional policy because her complaint fails to refer to an official proclamation, policy, or an edict. She has, however, sufficiently pleaded a claim for an unconstitutional custom. As noted above, Johnson has specifically alleged that Officer Qirjako swung her into a wall and bench while she was in handcuffs at the police station. She alleges Qirjako cut her lip open, bruised her cheek bones, forehead, and the rest of her face, that she suffered from swelling all over her body, that her right arm was not fully functional for months, and, further, that she continues to experience sharp pains in her right shoulder. unprovoked. She also claims that several officers witnessed this incident and refused to intervene. Johnson expressly claims that those officers failed to stop Qirjako because of Paterson Police Department concerning excessive force, and that these D.E. 13 at 3. police department [which] showed that the internal affairs division disposed of 93 excessive force complaints against city police officers from 2015 through 2019 and found that an officer did Id. This report suggests that Paterson may have had knowledge of similar unlawful conduct in the past, and that it has not taken precautions to prevent future violations. Johnson has therefore plausibly pled an affirmative link between For these reasons, factual allegations, coupled with her reference to the Paterson Police are strong enough to survive 10 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 11 of 12 PageID: 335 motion to dismiss i.e. Monell custom or policy claim, is accordingly denied. For similar reasons, -to-train claim will also be denied. Here, Johnson, in addition to the factual allegations detailed above, specifically avers y train or modify its training to Defendant Officers and its other officers, including but not limited to, matters related to the reasonable and appropriate use of force Id. at 4. Johnson bolsters her failure-to-train claim by making reference to: (1) the annual internal affairs reports discussed supra, and (2) a twoExecutive Research Forum in 2022 which fou This information bolsters her failure-to-train claim. Thomas, 749 F.3d at 223 Ordinarily, a pattern of similar constitutional violations by untrained employees is necessary to demonstrate deliberate indifference for purposes ). The Court finds, based on the foregoing, that Johnson has also adequately pled a failureto-train claim. i.e. -to-train claim, will also be denied. But see Kilgarriff v. Strunk, Civ. No. 18-10120, 2019 WL 1434763, at *5 (D.N.J. Mar. 31, 2019) (finding that merely because the plaintiff was arrested and allegedly subjected to excessive force does not, by itself, provide a factual basis to support claims of a citywide policy); Guzman v. City of Newark, Civil Action No. 20-6276, 2022 WL 1044957, at *9 (D.N.J. Apr. 7, 2022) Monell claims as inadequately pled where Plaintiff failed to plausibly allege the existence of a custom or policy that resulted in his alleged 11 Case 2:21-cv-19907-EP-JSA Document 30 Filed 11/01/22 Page 12 of 12 PageID: 336 constitutional injuries, failed to provide any other specific factual allegations supporting the deliberate indifference to his constitutional rights were merely conclusory). IV. CONCLUSION For the reasons above, motion is GRANTED in part (as to Counts I and IV) and DENIED in part (as to Counts II and III). Dated: November 1, 2022 __________________ Evelyn Padin, U.S.D.J. 12
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