Watson v. N.J. Dep't of the Treasury
179 A.3d 1061
N.J. Super. Ct. App. Div.2017Background
- Watson appeals a July 22, 2016 dismissal of his Mistaken Imprisonment Act claim by the Treasury.
- Watson was arrested in 1988 in Pennsylvania and on the New Jersey Turnpike for cocaine and weapons; he was convicted in New Jersey.
- Watson served about five-and-a-half years and was released around March 1996.
- In 2014, the New Jersey AG conceded Watson’s 1988 conviction may have been tainted by racial profiling and vacated it in a consent order.
- In 2015, federal court resentenced Watson after vacatur, eliminating his status as a federal career offender.
- Watson filed his Act claim on April 27, 2016; Treasury moved to dismiss for timeliness and other reasons.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the two-year limit begin under the Act? | Watson argues the clock starts at vacatur (or later), not at release. | Treasury contends the two-year period runs from release or pardon, not from vacatur. | Two-year limit starts at release or pardon, vacatur does not trigger. |
| Is the claim time-barred given no pardon and release in 1996? | Watson contends vacatur should extend the limitations period. | Treasury maintains no pardon; period expired within two years after release. | Claimuntimely under the two-year rule; properly dismissed. |
| Does verification of the complaint affect dismissal? | Watson’s complaint lacked verification; plaintiff sought amendment to verify. | Failure to verify supports dismissal or denial of amendment. | Court affirming dismissal; verification issue not dispositive given timeliness. |
Key Cases Cited
- Mills v. State, 435 N.J. Super. 69 (App. Div. 2014) (remedial Act requires proof of elements by clear and convincing evidence)
- Kamienski v. State, 451 N.J. Super. 499 (App. Div. 2017) (Act is remedial and waives sovereign immunity; subject to limits)
- DiProspero v. Penn, 183 N.J. 477 (2005) (extrinsic evidence allowed to ascertain legislative intent)
- Printing Mart-Morristown v. Sharp Electronics Corp., 116 N.J. 739 (1989) (liberal pleading standard; examine face of complaint)
- Castello v. Wohler, 446 N.J. Super. 1 (App. Div. 2016) (de novo review of dismissal for failure to state a claim)