937 F. Supp. 2d 582
D.N.J.2013Background
- Venetta N. Benjamin sought damages and related relief against the City of East Orange, its Police Department, and Shamsiddin Abdur-Raheem under §1983 and state law.
- Venetta sued after Abdur-Raheem abducted Zara and threw her from a bridge following alleged domestic violence and after Venetta was denied an after-hours Domestic Violence TRO by the EOPD on Presidents' Day weekend.
- The EOPD allegedly directed Venetta to wait until the next day to seek a TRO, despite statutory emergency procedures and a manual requiring after-hours relief to be available.
- Abdur-Raheem was later convicted of murder; Zara died as a result of the February 16, 2010 incident.
- Plaintiff served a NJTCA notice of claim on April 30, 2010; the complaint was filed February 9, 2012; defendants moved to dismiss under Rule 12(b)(6).
- The court granted in part and denied in part the East Orange Defendants’ motion, dismissing some §1983 claims against the EOPD and some Counts, while allowing others to proceed or granting leave to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EOPD is a proper §1983 defendant | Plaintiff argues the EOPD is a separate entity liable under §1983. | Defendants contend the EOPD is not a separate defendant from the City and should be dismissed. | EOPD is not a proper defendant; dismissed with prejudice. |
| Whether the City can be liable under Monell for due process claims | Plaintiff asserts city policy/custom caused the violation. | Defendants contend there was no policy or custom giving rise to liability. | Due process claims against the City are dismissed without prejudice for lack of policy/custom proof; leave to amend granted on due process claim. |
| Whether equal protection and failure-to-train claims survive | Plaintiff asserts discriminatory policy or failure to train caused injury. | Defendants argue there was no discriminatory policy or deliberate indifference evidence. | Equal protection claim dismissed without prejudice; failure-to-train claim dismissed without prejudice. |
| Whether state-law claims (negligence, gross negligence, IIED, survival, wrongful death) survive | NJTCA permits claims for negligent acts by public entities when not immune and causation is pleaded. | Defendants claim sovereign immunity and lack of causation/intentional conduct bars these claims. | Sovereign immunity does not bar these state claims; causation sufficiently pleaded; IIED dismissed for lack of intent; survival and wrongful death claims survive. |
| Whether the §1988 fee-shifting claim is actionable | Plaintiff seeks attorney’s fees under §1988 as a standalone claim. | §1988 does not provide an independent cause of action. | Count 9 (§1988) dismissed with prejudice. |
Key Cases Cited
- DeShaney v. Winnebago County Dept. of Social Servs., 489 U.S. 189 (U.S. 1989) (state has no duty to protect private violence absent custody or special relationship)
- Monell v. Dept. of Social Services, City of New York, 436 U.S. 658 (U.S. 1978) (municipal liability requires policy or custom)
- Pembaur v. City of Cincinnati, 475 U.S. 469 (U.S. 1986) (policy authority can bind municipality to liability)
- City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (deliberate indifference required for failure-to-train claims)
- Phillips v. County of Allegheny, 515 F.3d 224 (3d Cir. 2008) (state-created danger framework and elements)
- Morse v. Lower Merion School Dist., 132 F.3d 902 (3d Cir. 1997) (foreseeability and directness of harm in state-created danger analysis)
- Bright v. Westmoreland County, 443 F.3d 276 (3d Cir. 2006) (arbitrariness or gross negligence that shocks the conscience)
- Kaucher v. County of Bucks, 455 F.3d 418 (3d Cir. 2006) (causation in state-created danger claims)
- Rivas v. City of Passaic, 365 F.3d 181 (3d Cir. 2004) (relationship element in state-created danger)