The opinion of the court was delivered by: Pisano, District Judge
This matter is before the Court on Plaintiff's Motion to Reconsider, Re-open, and file a Second Amended Complaint , with respect to this Court's Opinion and Order [10, 11] dismissing the Amended Complaint, entered June 30, 2009, familiarity with which is presumed. The Order dismissing the Amended Complaint granted Plaintiff leave to move to re-open and file an amended complaint, within 30 days thereafter, if he could cure the deficiencies of the Complaint and Amended Complaint. The Motion to Reconsider and Re-open was received by the Clerk's office on July 30, 2009, and is timely.
It appears that Plaintiff seeks reconsideration only with respect to the dismissal of the false arrest and false imprisonment claims against Defendants Craig Meyer and John W. Fodor.*fn1 Plaintiff seeks to re-open this matter and to file a second amended complaint asserting the false arrest and false imprisonment claims.
In the proposed Second Amended Complaint, Plaintiff alleges that Defendant Sergeant Craig Meyer signed an affidavit on or about January 14, 2008, pursuant to which an arrest warrant was later issued.*fn2
The affidavit accused the plaintiff that on 07/02/2007 at 10:33 A.M., that the plaintiff went into a Peapack Gladstone Bank and cashed a fraudulent payroll check, when in fact on 07/02/2007 the plaintiff had been falsely accused and then arrested on this complaint.
The detective had sufficient information that at the time when he applied for an arrest warrant for the plaintiff that it was not the plaintiff in the Peapack Gladstone Bank, because on or around October 29, 2007 the detective interviewed Tia Perrin and at that interview the detective said when he showed Tia Perrin a photo of the suspect in the Peapack Gladstone Bank cashing the fraudulent check, He stated to Tia Perrin who is the plaintiff's daughter, He stated (Tia" I have information that this is not your father).
And also on 07/02/2007, at the time in question the plaintiff Eric E. Criss was in Court in Newark, New Jersey and could not have possibly been at two places at one time.
They also claim to have photographs of a suspect in another Peapack Gladstone Bank located in Morris County, (Shunpike Branch), they also claim that the Bank surveillance photographs taken clearly depict defendant Criss presenting a fraudulent payroll check made payable to Dexter Baker in the amount of $952,32.00 [sic]. It should be noted that this is not a photograph of the plaintiff. (Motion to Reconsider at (1), (2).)
Plaintiff alleged in the previous Complaint and Amended Complaint that he was arrested on February 24, 2008, and that he appeared in the Superior Court of New Jersey, Somerset County, in the courtroom of the Honorable Julie M. Marino, on Monday, February 25, 2008, where he was charged by complaint no. W-2008-000072-1801, and where bail was set at $50,000.00, cash only.*fn3
In the proposed second amended complaint, Plaintiff alleges that the defendants continued to harm him by virtue of their questioning of another suspect, Steven Jacob Lawyer, the next day, on February 26, 2008. Plaintiff transcribes several lines of questioning, which he characterizes as "coercive."
Det. Sgt. Craig Meyer: oh yea who's ...