must be without consent and without legal cause to constitute false arrest. Plaintiff, as noted, visited headquarters voluntarily. He was free to leave at will. He conceded that doors were open and that people were going in and out of the building within his view. That detectives were among those in the room, coming and going about their official duties, as is to be expected at a police headquarters. The presence of a policeman who questions the plaintiff, or the bare assertion that authority to arrest exists in the defendant, without purporting to exercise it by taking the plaintiff into custody, is not imprisonment, so long as no present restraint of liberty is to be implied. Also, there is no false imprisonment unless the defendant intends to cause a confinement. Restatement of the Law of Torts, § 35; Prosser on Torts, § 12. There was an absence of words or conduct which would induce a reasonable apprehension of force directed to the plaintiff. Russell v. Levinsohn, 1927, 138 A. 205, 5 N.J.Misc. 765. And where it is clear that there is no reasonable apprehension of force, there is no issue to go to a jury on the question of false arrest. Earl v. Winne, supra; Hebrew v. Pulis, 1906, 64 A. 121, 73 N.J.L. 621, 7 L.R.A.,N.S., 580.
I disregard as mere conclusions, the loose and general, the factually unsupported characterizations of the complaint of acts of the defendants as malicious, conspiratorial, and done for the purpose of depriving plaintiff of his constitutional rights. The things defendants are alleged to have done, as distinguished from the conclusions of the pleading with respect to them, do not constitute a deprivation of the civil rights of the plaintiff. Fully recognizing that conspiracies are rarely proved by direct evidence, nonetheless some evidence, however slight, must be offered of a fact from which a reasonably-minded person can draw an inference of the alleged conspiracy. Lindsey v. Leavy, 9 Cir., 1945, 149 F.2d 899; Whitaker v. Coleman, 5 Cir., 1940, 115 F.2d 305. Here, not a scintilla of admissible proof has been submitted by plaintiff to controvert defendants' affidavits. The absence of facts is not cured by vituperativeness and the indiscriminate use of opprobrious adjectives. Neither is it cured by mere assertions unaccompanied by facts which would be admissible in evidence upon a trial.
Moreover in considering a motion for summary judgment, the court is entitled to consider exhibits and other papers that have been identified by affidavit or otherwise made admissible in evidence. Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co., 2 Cir., 1945, 147 F.2d 399, certiorari denied 1945, 325 U.S. 861, 65 S. Ct. 1201, 89 L. Ed. 1982; 6 Moore's Federal Practice, 2d Ed. (1955), p. 2061. The affidavit of defendant John P. Owens identifies and has attached thereto a signed copy of a letter of George M. Searle, Deputy Superintendent, Division of State Police, Albany, New York. This communication states that plaintiff 'has turned up from time to time in an effort to harass the Division and some of its members, including the writer, and most recently in July 1953 he served a summons and complaint against certain members of the Division and approximately 50 others, including Governor Dewey and other well known persons in public life, entitled 'Pollack v. Aspbury, et al.' This matter was handled by the Attorney General, and Chief Justice (Judge) Knox wrote in the last paragraph of his decision: 'In addition, I wish to say that if the plaintiff should again file a pleading such as that now before me, I shall not hesitate to cite him for contempt of court."
The opinion referred to is Pollack v. Aspbury, D.C.S.D.N.Y.1953, 14 F.R.D. 454, 456, certiorari denied 1954, 348 U.S. 903, 75 S. Ct. 228, 99 L. Ed. 709, and 1955, 349 U.S. 940, 75 S. Ct. 786, 99 L. Ed. 1268. While the pleading before me differs in several respects from that which was before Judge Knox, there are also many points of similarity. Plaintiff's pleading is replete with irrelevant, redundant, vituperative, repetitious and impertinent matter. Likewise plaintiff's affidavit fails to meet the test of showing that a claim actually exists. So many of the statements set forth in plaintiff's affidavit are subject to the serious infirmities of being irrelevant and immaterial that their value is nil. Illustrative of the deficiencies referred to, mirroring the complaint, are the following:
'From the complaint this court can judge the real motive behind defendants acts. It was not the enforcement of Law and Order, plaintiff has committed no crime they knew that. The sole purpose was the advancement the political fortunes of their friends. A policeman is supposed to be 'neutral' when it comes to politics. Not so with defendants Lacey and Owens who are nothing but a confirmed aganets (agents). * * *.
'We don't have to go to Communist China to get cruel, unmerciful treatment, it is being done right here by defendants Lacey and Owens.
'Defendants should not be allowed the protection of the Constitution which they are trying to wreck. It ks (it is) plaintiff's devotion to the principles upon which this nation rests, justice -- freedom, and fairness, which is not defendants way of life. * * * They ars (are) the advance agents of their political henchmen, and cronies.'
Such statements would not be competent evidence. While a serious question arises as to the good faith of plaintiff's pleading, making it subject to be stricken as sham on motion of the court, this opinion is addressed to the motions before the court. I am constrained to conclude that no genuine issue of fact remains to be tried and that defendants are entitled to judgment as a matter of law.
Plaintiff's motion for summary judgment is denied. Defendants' motion for summary judgment is granted.
The foregoing opinion shall constitute findings of fact and conclusions of law as required by Rule 52.
An order may be submitted in conformity with the opinion herein expressed.