The opinion of the court was delivered by: Hochberg, District Judge:
NOT FOR PUBLICATION CLOSED
This matter comes before the Court on Defendants' Motion to Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court has reviewed the parties' submissions pursuant to Federal Rule of Civil Procedure 78.
Plaintiff Adam Rhein is employed as a Corrections Officer in the Bergen County Sheriff's Office ("BCSO"). He brings this action against Defendants Bergen County, the BCSO, Sheriff Leo McGuire and Deputy Chief Brian Reich.
In July of 2008, Rhein was "on loan" to the Bergen County Prosecutor's Office, where he was working as a detective, when he was advised to report back to the BCSO. On July 10, after working in the BCSO's Bureau of Criminal Identification ("BCI") for most of the week, Rhein "advised certain superiors that he enjoyed working" there "very much" that week. (Cmplt. ¶ 16)
The following day, Rhein's supervisor in the Bergen County Prosecutor's Office was allegedly informed that Rhein would not be returning to the office that week. On July 14, 2008, Rhein claims that he had a conversation with Brian Reich about his desire to return to the Prosecutor's Office. Two days later, after a similar conversation with Reich, Rhein returned to the Prosecutor's Office, where he was told that he was "not trusted" there anymore, though the plan had been to hire him full time if he had stayed on a bit longer. (Cmplt. ¶ 19) Rhein was then ordered to turn in his county-owned vehicle.
On July 17, 2008, Reich asked Rhein why he had not reported an injury he'd sustained while off duty. Reich told Rhein that he believed Rhein was "deceiving" him and "was going to wind up back in the jail." (Cmplt. ¶ 21) He then ordered Rhein to go home and not return to work until he provided documentation of clearance to work from a doctor. Rhein was later advised that Internal Affairs was investigating him because of his undisclosed injury and was told to report for an Internal Affairs interview.
On July 18, 2008, when Rhein returned to work, he claims he was advised that he was "on modified duty" and was directed to turn in his weapon. (Cmplt. ¶ 24) He was also made to attend a second Internal Affairs interview where he was questioned about what prescription medications he was taking. He was directed to provide medical documentation that he was capable of returning to work.
On July 21, 2010, Rhein was directed to report to the Bergen County Jail, which he claims was a decision made "to place [his] physical safety in jeopardy, as it was well known that [his] work at the BCPO resulted in the incarceration of persons he had a hand in arresting and sending to that same jail." (Cmplt. ¶ 25)
In August of 2008, Rhein alleges that he was passed over for a position as sheriff's officer, "even though he was arguably the most qualified of all of the candidates." (Cmplt. ¶ 26) He was later passed over for "an internal affairs detective position," for which he again claims he "was arguably the most qualified."
Rhein also claims that McGuire made a series of inappropriate comments indicating that Rhein should be fired or was "go[ing] nowhere" in the Bergen County Sheriff's Office and that on March 14, 2010, McGuire called him an "asshole." (Cmplt. ¶¶ 28-30) Rhein also alleges that he was told by various superiors over the course of his time in the BCSO that he needed to help McGuire get reelected sheriff.
Based on these allegations, Rhein asserts claims pursuant to 42 U.S.C. § 1983 for violations of his First and Fourteenth Amendment rights and for conspiracy to violate his civil rights and alleges municipal liability for those violations. (Cmplt. ¶¶ 35-37, 43-52) Plaintiff also brings several state law claims for intentional infliction of emotional distress, gross ...