765 F.Supp.3d 401
D.N.J.2025Background
- Plaintiff Orlando A. Hernandez was arrested in 2015 by municipal police in Lyndhurst, NJ, for narcotics and traffic offenses; cash in his possession was seized and held in a Bergen County Prosecutor’s Office asset account.
- Hernandez was convicted at trial, but his conviction was later reversed on appeal; he then requested return of the seized cash.
- The Prosecutor’s Office conditioned return of the funds on Hernandez waiving any legal claims; Hernandez refused, and the Office retained the money.
- Hernandez filed suit under federal civil rights laws (§§ 1981, 1983, 1985, 1986, 1988) and the New Jersey Civil Rights Act, alleging constitutional violations from the refusal to return his money.
- The Bergen County Prosecutor’s Office moved to dismiss, claiming absolute immunity, that it was not a "person" subject to suit, and that the complaint was deficient.
- The court denied the motion to dismiss, allowing Hernandez’s claims to proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Absolute immunity for prosecutor’s office | Refusing to return money is an administrative act, not prosecution | Argues absolute immunity for all prosecutor acts | No absolute immunity for administrative acts |
| "Person" under § 1983 and state law | Prosecutor’s office acts as local entity in admin tasks | Office is not a “person” subject to suit | Office is a “person” re: administrative functions |
| Complaint sufficiency | Provided specific, detailed allegations | Complaint is conclusory and lacks specificity | Complaint is sufficiently detailed |
| Need for individual involvement | Suit properly targets office for policy/practice | No allegation against specific individual | Individual involvement irrelevant for office claims |
Key Cases Cited
- Imbler v. Pachtman, 424 U.S. 409 (1976) (explains prosecutor’s absolute immunity limited to prosecutorial functions)
- Burns v. Reed, 500 U.S. 478 (1991) (clarifies scope of absolute immunity for prosecutors)
- Forrester v. White, 484 U.S. 219 (1988) (distinguishes between judicial and administrative functions)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) (defines state entities’ "personhood" under § 1983)
- Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978) (local governments are “persons” under § 1983)
- Van de Kamp v. Goldstein, 555 U.S. 335 (2009) (absolute immunity applies to certain prosecutorial tasks)
- Briscoe v. LaHue, 460 U.S. 325 (1983) (prosecutorial immunity related to judicial process)