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Dillihay v. Freed

United States District Court, D. New Jersey

March 5, 2014

DARYL I. DILLIHAY, Plaintiff,
v.
HOWARD E. FREED, et al., Defendants.

OPINION

NOEL L. HILMAN, District Judge.

I. INTRODUCTION

Plaintiff is a state inmate confined at the Atlantic County Justice Facility in Mays Landing, New Jersey. Plaintiff brings this civil rights action pro se pursuant to 42 U.S.C. § 1983 and has submitted an application to proceed in forma pauperis. Based on the in forma pauperis application, the Court will grant Plaintiff's application and will order the Clerk to file the complaint.

At this time, the Court must review the complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune from suit. While Plaintiff's Complaint is difficult to decipher, he appears to be suing several police officers, a prosecutor, and a judge, each for his role in Planitiff's arrest, conviction, and imprisonment. Because each of Plaintiff's claims is insufficiently plead, the complaint will be dismissed for failure to state a claim upon which relief will be granted. However, Plaintiff shall be given leave to file an amended complaint.

II. BACKGROUND

Plaintiff names several defendants in the complaint; specifically: Howard E. Freed, Christopher Lipari, Cpl. Houck, P. Neal, Watson and Feldman. He also names unknown "John Does" of the Stockton Police Department.

With respect to Defendant Freed, Plaintiff states that he is a judicial officer of the Galloway Municipal Court. In his capacity as a Judge, Plaintiff states that Judge Freed issued a "fatally defective/deceptive fictitious notice of warrant." (Dkt. No. 1 at p. 4.) Plaintiff further claims that this caused him to be falsely imprisoned.

Plaintiff alleges that Defendant Lipari is a prosecutor in Galloway Township. He claims that Lipari:

is guilty of causing the affiant/claimant to be unlawfully/falsely imprisoned, engaging in trespass, aggravated assault, constructive fraud, fraud upon the court, deprivation of rights under color of law, malicious prosecution, as well as a plethora of criminal actions, in egregious and wanton misconduct in want of jurisdiction, without evidence of authority and jurisdiction (in absence of both) by proceeding unlawfully/illegally for a minimum of 25 minutes without arraignment, or plea and continued in the void ab initio proceeding to convict affiant/claimant with full knowledge of the matter(s) being a conflict of interest even after affiant/claimant's challenge of the court's jurisdiction and authority (by way of abatement of matter(s) and judicial notice and proclamation/affidavits of truth) placed into the record of the court by the affiant claimant, settling the matter(s) in the private. The Defendant grossly turned a previous 10 day sentence into 180 days, purposely, intentionally, and knowingly, knowing the affiant was not the mis-discriptioned/mis-representation [sic], nom de guerre/misnomer, in collusion with Howard E. Freed - J.M.C. (who could have stopped the unlawful actions of the defendant but elected not to, and conspire to commit the treasonous/perjurous actions with him (defendant).

( Id. at p. 5.)

Plaintiff makes several allegations against Defendant Houck. Houck is a police officer in the Galloway Township Police Department. Plaintiff states that Houck committed trespass, aggravated assault and used excessive force in executing the "fatally defective/deceptive ficticious [sic] notice of warrant" that was issued by Judge Freed. He states that Houck was warned that the restraints he put on Plaintiff during the arrest were too tight and that they caused physical injury and nerve damage. Additionally, Plaintiff alleges that Houck is liable because he was unlawfully arrested.

Plaintiff next states that Defendant Neal is also a police officer in the Galloway Township Police Department. His allegations against Defendant Neal are similar to those against Defendant Houck.

With respect to Defendants Watson and Feldman, Plaintiff alleges that they are employed at Mike Best Bailbonds. He states that they:

did by way of trespass and aggravated assault, cause the Affiant Claimant to be unlawfully/falsely imprisoned, by way of deception and telling the Affiant's girlfriend/fiance and family that they were looking for an unknown person of interest, not being the Affiant Claimant, and never having identifying themselves as to who they were, without any authority or jurisdiction, in collusion with Howard E. Freed - J.M.C., Galloway Twp. Police and Stockton State Police Units, without any evidence of a contract between the bonding company and the ...

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