Marc Stephens v. City of Englewood
689 F. App'x 710
| 3rd Cir. | 2017Background
- In 2012 Tyrone Stephens (a juvenile) was charged with a series of offenses arising from an October 31 assault; his adult brother Marc retained attorney Nina Remson to represent him.
- Investigative evidence included a witness identification (Natalia Cortes), a confession by co-defendant Justin Evans implicating Tyrone, and inconsistencies in Tyrone’s alibi; Tyrone initially denied involvement but later admitted being nearby.
- Tyrone was arrested; later Evans recanted and Cortes expressed uncertainty, and the prosecutor dismissed the indictment with prejudice; Tyrone was released.
- Marc and Tyrone sued Remson (legal malpractice) and Englewood detectives, the police department, and the City (42 U.S.C. § 1983 and state-law claims). Defendants moved for summary judgment.
- The district court granted summary judgment for all defendants and denied Rule 59(e) motions; the Third Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal malpractice: affidavit-of-merit requirement | The Stephenses claim Remson rendered deficient counsel and caused the guilty plea; discovery delay excused affidavit noncompliance | Remson: affidavit-of-merit required by NJ law; plaintiffs failed to submit one and had Remson’s file before suit | Affirmed for Remson — plaintiffs failed to provide required affidavit; discovery did not excuse noncompliance |
| False arrest / false imprisonment / malicious prosecution | Officers lacked probable cause; evidence (alibi, later recantation) shows no probable cause | Officers had probable cause based on witness ID, Evans’s statement, and alibi inconsistencies | Affirmed for officers — probable cause existed at arrest/charging stage |
| Coercion of Evans’s statement | Plaintiffs assert detectives coerced Evans’s confession | Defendants point to voluntary, recorded interrogation with Miranda warnings and Evans’s mother present | Court: no genuine dispute of coercion; interrogation was not coercive |
| State torts (IIED, negligence, defamation) | Arrest and conduct were outrageous and negligent; officers defamed Tyrone | Defendants: conduct supported by probable cause; record lacks evidence of defamatory/negligent acts | Affirmed — IIED fails (not outrageous given probable cause); negligence/defamation unsupported |
Key Cases Cited
- Nicini v. Morra, 212 F.3d 798 (3d Cir. 2000) (summary judgment review standard)
- Snyder v. Pascack Valley Hosp., 303 F.3d 271 (3d Cir. 2002) (affidavit-of-merit rule applies in federal court when New Jersey law applies)
- Goodwin v. Conway, 836 F.3d 321 (3d Cir. 2016) (probable cause is a complete defense to false-arrest/false-imprisonment/malicious prosecution)
- Orsatti v. N.J. State Police, 71 F.3d 480 (3d Cir. 1995) (definition of probable cause for arrests)
- Wilson v. Russo, 212 F.3d 781 (3d Cir. 2000) (evidence sufficient to establish probable cause standard)
- Reedy v. Evanson, 615 F.3d 197 (3d Cir. 2010) (probable cause threshold is lower than that needed to convict)
- Grayson v. Mayview State Hosp., 293 F.3d 103 (3d Cir. 2002) (leave to amend may be futile where claims lack merit)
- Kneipp v. Tedder, 95 F.3d 1199 (3d Cir. 1996) (municipal liability requires underlying constitutional violation)