THOMPSON-EL v. TOWNSHIP OF GREEN BROOK
3:19-cv-14253
D.N.J.Nov 21, 2024Background
- Plaintiff Georgia Thompson-El sued Green Brook Township and Officer Anthony Pepe, alleging unlawful arrest and malicious prosecution based on lack of probable cause.
- The case revolves around credit card theft at Bonefish Grill, where Officer Pepe identified Plaintiff as a suspect largely via unpreserved surveillance footage.
- Plaintiff was arrested and indicted but the charges were later dismissed; she asserts claims under 42 U.S.C. § 1983 and New Jersey law.
- Plaintiff alleges Officer Pepe misidentified her and misrepresented evidence in the affidavit of probable cause.
- Green Brook Defendants moved for summary judgment; the Court grants the motion in part (municipal liability claims) and denies in part (probable cause issues remain triable).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable Cause for Arrest & Imprisonment | Pepe lacked probable cause; identifications based on unclear, unpreserved footage with no corroborating evidence | Officer Pepe reasonably identified Plaintiff from license & surveillance, had approval by prosecutor and judge | Genuine dispute of material fact; summary judgment denied |
| Probable Cause for Malicious Prosecution | Initiation of prosecution lacked probable cause and was based on misrepresentations | Indictment and judicial approval establish probable cause | Genuine dispute of material fact; summary judgment denied |
| Municipal Liability/Failure to Train (Monell) | Green Brook failed to train/supervise officers, had custom of indifference, failed on racial bias issues | No showing of specific lack of training or pattern of misconduct | No deliberate indifference or causal link; summary judgment granted |
| Supervisory Liability (John Doe Defendant) | John Doe supervisor liable for failures in investigation/training | No identity substituted despite ample time for discovery | Dismissed for failure to identify party |
| State Law & NJCRA Claims | State claims (false arrest, imprisonment, malicious prosecution) mirror federal claims | Probable cause bars these claims | Summary judgment denied; factual disputes remain |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (genuine dispute requirement for summary judgment)
- Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978) (municipal liability standard under § 1983)
- City of Canton, Ohio v. Harris, 489 U.S. 378 (1989) (standard for municipal liability for failure to train)
- Wilson v. Russo, 212 F.3d 781 (3d Cir. 2000) (probable cause analysis and warrant misrepresentation standard)
- Orsatti v. N.J. State Police, 71 F.3d 480 (3d Cir. 1995) (probable cause for arrest standard)
- Halsey v. Pfeiffer, 750 F.3d 272 (3d Cir. 2014) (probable cause and malicious prosecution—factual question for jury)