Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
LONGORIA v. STATE OF NEW JERSEY
October 17, 2001
EMBLEZ LONGORIA, PLAINTIFF,
STATE OF NEW JERSEY; STATE OF NEW JERSEY &MDASH; DIVISION OF STATE POLICE; JOHN J. FARMER, ATTORNEY GENERAL FOR THE STATE OF NEW JERSEY; CARSON J. DUNBAR, SUPERINTENDENT, STATE OF NEW JERSEY &MDASH; DIVISION OF STATE POLICE; PETER G. VERNIERO; CARL A. WILLIAMS, JR.; CAPTAIN JOSEPH SARNECKY; LIEUTENANT JOSEPH WATTAI; JOHN DOES 1 THROUGH 10, DEFENDANTS.
The opinion of the court was delivered by: Stephen M. Orlofsky, United States District Judge
This matter having come before the Court on Defendants's motion for
summary judgment and Plaintiff's Cross-Motion for Summary Judgment,
pursuant to Fed.R.Civ.P. 56, Benjamin Clarke, Esq., R. Brian McLaughlin,
Esq., Robert A. Tandy, Esq., DeCotiis, Fitzpatrick, Gluck, & Cole, LLP,
appearing on behalf of Defendants, and Philip J. Moran, Esq., appearing on
behalf of Plaintiff, Emblez Longoria; and,
The Court having considered the papers submitted by counsel for
Plaintiff and Defendants in support of their respective motions;
For the reasons stated in the Opinion issued herewith, IT IS, on this
17th day of October, 2001, hereby ORDERED that:
1. Defendants's Motion for Summary Judgment is GRANTED on all of
Plaintiff's claims under federal law, as set out in Count One of the
2. This Court shall decline to exercise supplemental jurisdiction
under 28 U.S.C. § 1367(c) over Plaintiff's claims under the laws of
New Jersey, as set forth in Count Two of the Complaint, without prejudice
to his ability to pursue them in the courts of New Jersey; and,
3. Plaintiff's Cross-Motion for Summary Judgment is DENIED; and,
4. All of Plaintiff's claims asserted under federal law, as set forth
in Count One of the Complaint, are DISMISSED WITH PREJUDICE; and,
5. Plaintiff's claims asserted under the laws of New Jersey, set forth
in Count Two, are DISMISSED WITHOUT PREJUDICE.
This case presents a footnote to the ongoing public scrutiny of the
operations and employment practices of the New Jersey State Police.
Plaintiff, a long-time New Jersey State Trooper, alleges that his
employment prospects have been dimmed by a long-standing aura of racial
hostility in the ranks of the State Police, as well as by antagonism
directed at him as a result of his personal ties to a previous,
successful, critic of the institution. He now seeks money damages and
injunctive relief. His claims, if true, reflect badly on the character of
the New Jersey State Police; ultimately, however, they do not constitute
wrongs cognizable in this Court. The Defendants have moved for summary
judgment, pursuant to Fed.R.Civ.P. 56. The Plaintiff has filed a
cross-motion for summary judgment. For the reasons set forth more fully
below, I shall shall grant the Defendants's motion on Plaintiff's federal
claims, and, in the exercise of my discretionary power under
28 U.S.C. § 1367, dismiss the supplemental state law claims without
prejudice. I shall also deny Plaintiff's cross-motion for summary
FACTS AND PROCEDURAL HISTORY
The Plaintiff, Emblez Longoria ("Longoria"), an Hispanic male, has been
a member of the New Jersey State Police since July 28, 1988. Def.'s R.
56.1 Statement ¶ 1.*fn1 During portions of 1997, Longoria was
stationed at the State Police barracks in Hightstown, New Jersey.
Longoria Depo. at 219.*fn2 While at Hightstown, Longoria was
temporarily assigned to the Narcotics and Organized Crime Bureau
("NOCB"), another unit within the New Jersey State Police. Id. at
219-36. Longoria worked at the NOCB for approximately two months, id. at
246, garnering positive reviews. Id. at 238.
During Longoria's stay at the NOCB, the State Police posted a notice
for a permanent position, essentially identical to the temporary position
Longoria was then occupying. Id. at 236. Longoria applied for, but did
not receive, that appointment. Id. at 237, 248. Instead, Longoria was
given another temporary assignment with the NOCB. Id. at 247, 254-55.
The assignment lasted "a few months." Id. at 262. Longoria was told his
work during the second NOCB stint was "excellent." Id. at 270. Shortly
thereafter, Longoria applied for a "very ...