United States District Court, D. New Jersey
Michael Alan Ewing, Plaintiff: Martin P. Duffy, Esq., COZEN
AND O'CONNOR, Cherry Hill, NJ.
Cumberland County and Cumberland County Department of
Corrections, Defendants: John C. Eastlack, Jr., Esq., Daniel
Edward Rybeck, Esq., WEIR & PARTNERS LLP, Cherry Hill, NJ.
Dale Sciore and Brad Pierce, Defendants: Arnold Robinson,
Esq., ROBINSON & ANDUJAR, LLC, Millville, NJ.
Clint Ciangaglini, Defendant: Shanna McCann, Esq., CHANCE &
MCCANN LLC, Woodstown, NJ.
Edwin Pratts, Defendant: Linda A. Galella, Esq., RICHARDSON,
GALELLA & AUSTERMUHL, Woodbury, NJ.
Estate of Kevin Still, Defendant: Michael Louis Testa, Sr.,
Esq., Justin Robert White, Esq., TESTA HECK SCROCCA & TESTA,
PA, Vineland, NJ.
Joshua Minguela, Defendant: Salvatore J. Siciliano, Esq.,
SICILIANO & ASSOCIATES, LLC, Haddonfield, NJ.
Drew Ford, Defendant: Patrick J. Madden, Esq., Timothy R.
Bieg, Esq., MADDEN & MADDEN, PA, Haddonfield, NJ.
John Fazzolari, Defendant: Douglas E. Burry, Esq., SAPONARO &
SITZLER, Mt. Holly, NJ.
Vineland Township, Vineland Police Department, James Day, and
Steven Houbary, Defendants: Judson B. Barrett, Esq., BARRETT
AND PAVLUK, LLC, Ocean, NJ.
JEROME B. SIMANDLE, Chief United States District Judge.
A. Factual Background
1. Arrest and Transport to Vineland Police Department
Cumberland County Jail
2. Incident in the Processing room during
trip to the CCDOC (Day, Ciangaglini, Minguela)
3. Incident in the CCDOC control room and strip
during Plaintiff's second visit (Houbary, Pratts,
Fazzolari, Sciore, Pierce, Minguela, Ford)
4. Use of Force reports
5. Defendants' Statements
6. Plaintiff's injuries
7. Expert reports of Dr. Fred Simon and Dr. Randall
8. Training on the use of force at Cumberland County
9. Internal investigations into excessive force at
10. Plaintiff's expert report of Dr. Randall
11. Notice of Claim
B. Procedural Background
III. STANDARD OF REVIEW
A. Claims against Cumberland Correctional Officers
1. Summary judgment is not warranted against
§ 1983 claim of excessive force
2. Minguela is not entitled to qualified immunity
3. Plaintiff's state law claims are not barred by
4. Defendants Pratts, Still, Minguela, Ford,
Ciangaglini are not entitled to summary judgment on
Plaintiff's assault and battery claim
5. Fazzolari and Pratts are not entitled to summary
on Plaintiff's claim of intentional infliction of
6. Defendants Pratts, Still, Minguela, Ford,
Pierce are not entitled to summary judgment on
B. Claims against Cumberland County and CCDOC
1. Cumberland County is not entitled to summary
Plaintiff's failure to train and failure to
2. Plaintiff's common law claims are not
precluded by the New
Jersey Tort Claims Act
C. Claims against the Vineland Defendants
1. The City of Vineland is entitled to summary
the § 1983 claim of failure to train and the
common law claim
of negligent training
2. The Court will grant summary judgment on
§ 1983 claim for failure to intervene against
Officer Day but
deny summary judgment on the claim against Officer
a case involving excessive force against Plaintiff Michael
Ewing by correctional officers at the Cumberland County
Correctional Facility and police officers of the Vineland
Police Department. After Ewing was arrested in Vineland, New
Jersey for disorderly conduct, he was processed and sent to
the Cumberland County Jail, where he was beaten by
correctional officers. He suffered multiple traumatic
injuries, fractures, and a concussion.
brought suit against the individual officers involved, as
well as against Cumberland County, the Cumberland County
Jail, Vineland Township (" City of Vineland" or
" Vineland" ), and the Vineland Police Department,
alleging constitutional violations under the Fourteenth
Amendment and various state tort claims.
individual officers and entity Defendants have filed nine
motions for summary judgment seeking the dismissal of
Plaintiff's § 1983 and state law claims. Because
there is a genuine dispute as to whether Cumberland County
correctional officers used excessive force against Plaintiff
and whether the jail failed to adequately investigate and
train officers in the use of force, the Court will deny the
Cumberland County Defendants' motions for summary
judgment. The Court will, however, grant the Vineland
Defendants' motion for summary judgment for all Vineland
Defendants except Steven Houbary, and will dismiss the City
of Vineland (named as Vineland Township), the Vineland Police
Department, and Vineland Police Officer James Day from this
Plaintiff suffers from memory problems allegedly related to
post-traumatic stress and recalls very little of what
happened to him, the following facts are taken primarily from
other sources in the record.
Arrest and transport to Vineland Police Department and
Cumberland County Jail
around 11 p.m. on the evening of June 30, 2008, the Vineland
police arrived at a Comfort Inn in Vineland, New Jersey,
where Plaintiff was staying, in response to a disorderly
persons call. Plaintiff, who was in the area because of a
temporary job, had gotten into an argument with the clerk of
the hotel, which prompted the clerk to call the police. The
clerk refused to let Plaintiff into his room, so Plaintiff
went to sleep near some trees behind the hotel. (Pl.
Counterstatement of Facts (" Counter SMF" ) [Docket
Item 237] ¶ ¶ 6-11.)
Officer William Bontcue of the Vineland Police Department
arrived at the scene and was told that Plaintiff was in the
back of the hotel. (Bontcue Dep. 1 [Docket Item 237-4]
93:20-94:13.) According to Bontcue, Plaintiff was lying on
the ground but was not acting disorderly. (Id.
94:17-96:2.) Bontcue called to Plaintiff, who then got up and
became " quite agitated." When Bontcue could not
get him to calm down, Bontcue told Plaintiff that he was
under arrest for disorderly conduct. (Bontcue Dep. 2 [Docket
Item 221-8] 48:2-51:24.) After Plaintiff pushed Bontcue into
a parked van, Bontcue released his police dog from his car.
Bontcue and the dog pushed Plaintiff to the ground and
another police officer who had arrived on the scene, Officer
Michael Fransko, handcuffed Plaintiff. (Bontcue Dep. 2
52:20-55:12.) Plaintiff was bitten by the police dog and was
pepper sprayed during this encounter. (Minguela Statement of
Material Facts (" Minguela SMF" ) [Docket Item
221-1] ¶ ¶ 12-13.)
was taken to the Vineland Police Department for processing,
where he was pepper sprayed a second time for spitting at
police officers. (Shaw Dep. [Docket Item 221-8] 20:24-21:5;
Minguela SMF ¶ 16.) He was then taken to the hospital to
be cleared for dog bites. As he was being secured into a
stretcher by Defendant Officer James Day and Officer Shaw to
go to the hospital, Plaintiff spit in Shaw's face. Shaw
then struck Plaintiff with his hand, and Plaintiff fell off
the stretcher and onto the pavement. Plaintiff sustained a
cut over his left eye. (Shaw Dep. 66:12-25; Minguela SMF
¶ ¶ 17-18; Counter SMF ¶ ¶ 22-23.)
hospital, Plaintiff was given two sedatives and cleared for
transport to the Cumberland County Correctional Facility
(" CCDOC" or " Cumberland County Jail" ),
where he was to be held. Correctional officers at the
Cumberland County Jail were told that Plaintiff was coming
and that he was " belligerent" and "
irate" and was " trying to fight with
officers." (Pratts Dep. [Docket Item 237-8] 157:17-23;
Still Dep. [Docket Item 237-10] 214:4-23.)
transported Plaintiff to the CCDOC. He stated that it was the
practice of the Vineland Police Department to assign the most
junior police officer to transport prisoners to the jail. He
had transported prisoners to jail before but had received no
formal training on the proper procedures for bringing a
prisoner to jail. He learned the procedures during his time
shadowing another officer following his graduation from the
police academy. (Day Dep. 34:18-35:22; 114:10-115:25.)
Incident in the processing room during Plaintiff's first
trip to the CCDOC (Day, Ciangaglini, Minguela)
Day brought Plaintiff to a CCDOC processing cell. Defendants
Sergeant Clint Ciangaglini and correctional officer
Lisa-Brown Carter were in the room. Defendant Joshua Minguela
observed from an outside monitor. Day testified that
Plaintiff appeared sedated and calm, and was having some
difficulty standing because of the sedatives. (Day Dep.
[Docket Item 237-6] 134:1-135:7; CCDOC Video.) Minguela
stated that Plaintiff was " acting in an irate
manner." (Minguela Use of Force report [Docket Item
237-13].) Nurse Moore, who was called into the processing
cell to examine Plaintiff, did not observe any injuries to
Mr. Ewing other than to his left eye. (See Deposition of
Moore at page 17, lines 15-25, attached as Exhibit "
Moore refused to accept Plaintiff into the jail because he
did not have medical clearance for an abrasion over his left
eye. (Moore Dep. [Docket Item 237-14] 15:11-21.) Ciangaglini
testified that Plaintiff was still in Day's custody while
Plaintiff was in the processing cell, but Day was under the
belief that Plaintiff was in the custody of CCDOC.
(Ciangaglini Dep. 170:15-24; Day Dep. 154:15-18.)
had to go to the hospital to get a medical clearance before
being admitted as an inmate. Nurse Moore, Day, and Minguela
all testified that Sergeant Ciangaglini then brought
Plaintiff, who was handcuffed, to his feet and forcefully
pushed him into the closed door of the cell. (See Day Dep.
147:6-211; Minguela Dep. at page 162:14-24; Moore Dep.
19:24-20:4; see also Deposition of Carter at page 75, lines
5-8 and page 76, lines 6-8, attached as Exhibit "
L" ). Minguela and Day believed that Ciangaglini's
use of force was " excessive" and " not
necessary." (Minguela Dep. [Docket Item 237-15]
163:21-164:6.) Minguela, Day, and Carter did not report the
incident to their supervisors.
Ciangaglini denies pushing Plaintiff into the door. According
to Ciangaglini, he was assisting Plaintiff, who was still
sedated, with walking to the door of the processing cell.
Plaintiff " was face to face with the door until
[Ciangaglini] ordered to have the door open."
Ciangaglini stated that Plaintiff made no contact with the
door. (Ciangaglini Dep. [Docket Item 172:5-174:9.)
escorted Plaintiff out of the jail and transported him back
to the hospital to get hospital clearance. Day did not recall
Plaintiff complaining of being in pain. (Day Dep.
was examined by Dr. Dominic Diorio at Bridgeton Division of
South Jersey Hospital. Dr. Diorio indicated in his medical
chart that Plaintiff did not report being in any pain and did
not appear to be suffering from any injuries, including
external injuries. Everything appeared to be normal. (Diorio
Dep. [Docket Item 237-20] 28:20-34:18.)
Incident in the CCDOC control room and strip search room
during Plaintiff's second visit (Houbary, Pratts, Still,
Fazzolari, Sciore, Pierce, Minguela, Ford)
police officer Steven Houbary relieved Defendant Day and took
Plaintiff back to Cumberland County Jail to be admitted. Day
did not tell Houbary about the earlier incident with
Ciangaglini. (Day Dep. 165:15-167:8.)
time Plaintiff entered the jail with Houbary, the midnight
shift officers were on duty. Defendant Lieutenant Dale Sciore
was the Shift Commander and held the most senior position. He
supervised the other officers as well as the Sergeants.
Defendants Sergeants Ciangaglini and Brad Pierce were the
Shift Supervisors. (Pierce Dep. 22:9-23:2.) Ciangaglini and
Pierce were responsible for the day-to-day operations and for
supervising the officers.
brought Plaintiff to the rear control room, where three
correctional officers, Defendants Edwin Pratts, Kevin Still,
and John Fazzolari were waiting to process Plaintiff.
was the " Issue Officer" that day and was in charge
of the intake process. As part of the intake process, inmates
undergo a pat search and strip search. Pratts received
training on pat downs and strip searches during his
orientation training but recalled that the training was
" real short" and did not go into any depth. He did
not receive training on how to be an Issue Officer. (Pratt
Dep. 60:3-12; 63:7-15.)
did not follow the Jail's pat search procedures, which
required an inmate to first remove his shoes and socks before
the search. He did not know the Jail had a policy on how to
conduct a pat search. (Pratts Dep. [Docket Item 237-8]
109:25-111:10.) Pratts told Plaintiff to turn towards the
wall, spread his legs, and place both hands on the wall. He
ordered Plaintiff to take off his shoes without removing his
hands from the wall. (Pratts Dep. 224:19-225:2.) Houbary had
never seen another inmate being asked to remove his shoes in
this manner. (Houbary Dep. 99:17-21.) Houbary thought that
the pat-down procedure was a little different that day
because " [u]sually the nurse is called down" to
examine the prisoner before a pat-down begins and no nurse
was called down for Plaintiff. (Houbary Dep. 87:14-22.)
Houbary also noticed that there were more than the normal
number of officers in the room. (Houbary Dep. 95:4-24.)
testified that Plaintiff was " irate" and initially
refused to take his shoes off. (Pratts Dep. 225:11-20.) The
CCDOC surveillance video shows Plaintiff attempting to comply
with Pratts' order by using his foot to take his shoe
off. (CCDOC Surveillance Video, Ex. B of Ciangaglini Br.
[Docket Item 226], sent to the Court.) In the process of
trying to take off his shoe, Plaintiff's foot touched
Defendant Pratts' leg. (Houbary Dep. 102:1-20.) Pratts
then used physical force to bring Plaintiff to the ground.
(Houbary Dep. 96:16-97:3.) Houbary " wasn't looking
at exactly what was happening," and only saw Pratts
" in his peripheral vision." (Houbary Dep.
94:2-9.). He didn't clearly see whether Plaintiff had
kicked Pratts and testified, " I was looking at
everything peripheral, and I seen them take him to the
ground." Id. 96:13-15; 102:12.)
Still, and Fazzolari then carried Plaintiff to the strip
search room. Defendant Minguela and Defendant Drew Ford were
also ordered to go to the strip search room. In total, five
correctional officers were in the room with Plaintiff. In
addition to those officers, Sergeants Sciore and Pierce went
into the strip search room at the beginning but left after
approximately two minutes. Sciore left the room and continued
with his duties as Shift Commander. (Sciore Dep. 167:14;
170:3-7.) Pierce went back into the room later on and
observed one officer with his knee in Plaintiff's back as
Plaintiff was face down on the ground while Still was trying
to remove his pants. (See CCDOC Surveillance Video; Pierce
Dep. [Docket Item 230-3] 125:23-129:14.)
did not go into the strip search room but he followed the
officers to the strip search room to see what was happening.
(Houbary Dep. 109:13-22.). He testified that he observed
Plaintiff from outside the room because he had not yet been
told that he could leave the jail. Houbary believed that
until he was excused to leave the jail, Plaintiff was still
partially his responsibility. Pierce escorted Houbary out of
the building a few minutes later. (Houbari Dep. 104:4-21.)
Houbary left, he saw Plaintiff in the strip search room
complying with orders to remove his shoes and socks. (Houbary
Dep. 108:2-23; Counter SMF ¶ 94.) Pierce and Sciore, who
left the strip search room with Houbary at around the same
time, also testified to seeing Plaintiff comply with orders.
(Pierce Dep. 112:2-113:25; Sciore Dep. 170:2-7.)
was escorted out of the room approximately six and a half
minutes later by Pratts, Minguela, Fazzolari, and Ford. He
was taken to the medical unit. There is no surveillance
camera in the strip search room.
inmate whose cell was close to the strip search room, David
Pagan, was woken up by correctional officers in the early
morning of July 1 and ordered to mop up " a lot of
blood" from the area near the strip search room. (Pagan
Statement [Docket Item 237-26], at 3-5.) He stated that there
was " a whole puddle" of blood " as big as [a]
basketball ring" which he had to mop up. Pagan found
bloodied clothing, including a white shirt that was "
full of blood," which he had to throw away.
(Id.) The surveillance video shows Pagan using a mop
to clean up the floor. The video also shows him leaving the
area with a black garbage bag.
Use of Force reports
five Defendants who were in the strip search room filled out
Use of Force reports documenting the force they allegedly
used on Plaintiff. The Use of Force reports state that
Plaintiff was being irate while in the strip search room and
would not comply with a search; that Pratts took down
Plaintiff because Plaintiff " kicked" Pratts; that
Minguela gave Plaintiff a one second burst of pepper spray
when he did not comply with the strip search; and that
Plaintiff was taken down a second time and handcuffed after
he turned towards Fazzolari with a raised, closed fist. (Use
of Force reports [Docket Item 237-13].) Minguela, Still, and
Pratts refer to the take down in the rear control room as a
" minimal force" take down. Fazzolari refers to the
take down in the strip search room as a " minimal
force" take down." (Id.) Four of the five
reports contained the same misspelling of the word "
testified that at the time, Cumberland County Jail had a
policy requiring officers' Use of Force reports to match.
He also testified that officers had to rewrite reports that
did not match. (Ford Dep. 295:5-10.) He testified that he
discussed the content of the report with the other officers
involved " so that way [the] reports are similar in
detail, just to get down time lines, actions." (Ford
Dep. 293:25-294:4.) Victor Bermudez, a correctional officer
at CCDOC, recalled being told by one of the correctional
officers involved in the incident that he was asked to
re-write his report. Bermudez did not recall why the report
had to be changed. (Bermudez Dep. [Docket Item 237-28]
Pierce reviewed the officers' reports and wrote his own
Use of Force report one hour before he visited Plaintiff in
his cell. Pierce's report indicates that it was done at
5:45 a.m., 15 minutes before Minguela's report was
completed and 40 minutes before Ford's report was
completed. (Compare Pierce Use of Force report [Docket Item
237-39] with Minguela and Ford Use of Force reports [Docket
Item 237-13]; Pl. Counter SMF ¶ 159.) Pierce stated in
the report that Plaintiff was cleared by Nurse Moore and had
been placed in a transitional holding cell for observation.
At 5:45 a.m., however, Plaintiff had not yet been cleared.
report was consistent with the officers' reports. He
testified that because he was not present during the
incident, he took what his officers told him " at face
value." (Pierce Dep. [Docket Item 237-21] 236:10-14.)
Pierce concluded that the force used on Plaintiff by his
officers was " justified." (Pierce Use of Force
Report [Docket Item 237-39].)
Defendants' accounts of the incident during deposition
were similar to what was in their Use of Force reports.
Defendants testified that Plaintiff was acting belligerent,
was cursing and spitting at the officers, and was making
offensive gestures. They testified that Minguela pepper
sprayed Plaintiff and that a take down was performed in order
to get Plaintiff to comply with the strip search.
were some inconsistencies with the Use of Force report. Ford
and Pratts testified that all five officers participated in
the take down in the strip search room, while Still testified
that only Pratts, Minguela, and Fazzolari were involved.
(Compare Ford Dep. 250:6-13 and Pratts Dep. 244:20-245:3 with
Still Dep. 268:15-24.)
to Minguela, Plaintiff fell from a bench he was standing on
in the room, at which time Fazzolari, Minguela, Still, and
Pratts grabbed his legs and arms. (Minguela Dep.
199:17-200:23.) Pierce testified that there were no benches
in the strip search room. (Pierce Dep. [Docket Item 237-21]
146:4-147:9.) Ford and Fazzolari did not recall any officers
being injured from the encounter in the strip search room.
(Ford Dep. 265:20-266:1; Fazzolari Dep. 150:20-151:2.) Ford
testified that they did not find any weapons on Plaintiff
during the strip search. (Ford Dep. 266:6-8.)
was taken to the medical unit and examined by Nurse Moore.
She observed that Plaintiff looked " beaten up" or
" roughened up." She heard Plaintiff say to the
officers, " Y'all didn't have to beat me like
that." (Moore Dep. 26:23-27:5; 28:22-29:10.) Moore
observed that Plaintiff had an injury to his right eye that
he did not have the first time she saw him. (Moore Dep.
25:19-26:4.) She also heard Defendant Still say to another
correctional officer that Still didn't lay a hand on
Plaintiff. (Moore Dep. 35:13-14.)
the medical exam, Plaintiff was taken to a transitional
holding cell. Sergeant Pierce saw Plaintiff in the early
morning of July 1, and Plaintiff complained to Pierce of
being in pain. (Pierce Dep. [Docket Item 237-21] 226:8-13.)
He was given some Motrin. (Id.)
an hour and a half later, Lisa Brown-Carter, another
correctional officer, found Plaintiff lying on the floor of
his cell. (Brown-Carter Dep. [Docket Item 237-12] 41:3-5.)
She recalled Plaintiff saying, " Help me, help me, I
can't breathe," and that he was dizzy. (Id.
42:12-13; 45:1-2.) Brown-Carter noticed that Plaintiff's
right eye appeared shut. (Id. 45:8-10.)
took Plaintiff to the medical unit and helped him undress for
the doctor. She noticed bruising on Plaintiff's lower
back, " scrapes on his rib area," and a mark the
shape of a footprint on Plaintiff's back. (Brown-Carter
that morning, Victor Bermudez, a correctional officer, was
sent to retrieve Plaintiff from a holding cell for a matter
related to Plaintiff's case. He described Plaintiff as
" battered up." Plaintiff was limping and one side
of his face was " swollen and black and blue."
(Bermudez Dep. [Docket Item 237-28] 134:16-135:3.) Plaintiff
had trouble breathing. (Id. 136:11-13.) When
Bermudez asked Plaintiff what had happened, Plaintiff said
that he couldn't remember. (Id. 140:3-4.)
Bermudez also recalled Plaintiff turning a " gray-green
color," which Bermudez had seen before in three inmates
who had died. (Id. 135:8-23.) Bermudez "
knew" that individuals who turned that color were "
not getting enough blood," and advised Lieutenant Susan
Luciano, the Shift Commander that day, to take Plaintiff to
the hospital. (Id. 138:4-139:6.)
was taken to South Jersey Regional Medical Center in an
ambulance. The EMT report noted that Plaintiff " had
severe bruising on his abdomen area and severe bruising on
his back and a perfect foot print on his lower left
shoulder." It also stated that Plaintiff's "
leg and buttocks was bruised from a[sic] dog bites that did
not puncture the skin." (EMT Report [Docket Item
237-32].) Plaintiff told the EMT that he " was beat up
by the police department and sprayed with maced[sic] and then
the dog was let loose on him." (Id.)
of his injuries, Plaintiff was transported by helicopter to
Cooper Hospital Trauma Center for medical treatment. He was
in hemodynamic shock and was admitted to the intensive care
unit on a ventilator. (See Cooper Hospital Discharge Summary
[Docket Item 237-35].) Cooper Hospital records indicate that
Plaintiff had suffered numerous injuries, including a
lacerated kidney and renal artery which caused internal
bleeding, fracture of the bones around his right eye,
multiple fractured ribs, a fractured jaw bone, and a
concussion. (See Cooper Hospital Summary Sheet [Docket Item
237-37].) He was at the hospital for ten days. (See Cooper
Hospital Discharge Summary.)
Moore testified that when Pratts returned to Cumberland
County Jail for his shift the next day, he told her that she
" knew what to say" if people began to ask
questions. (Moore Dep. 47:7-48:8.)
Expert reports of Dr. Fred Simon and Dr. Randall
submitted expert testimony from Dr. Fred Simon, a board
certified General Surgeon who practices Acute Care Surgery.
Simon opined that Plaintiff's injuries, " [o]ther
than the dog bites and abrasion over his left eye, . . . were
caused by brute aggressive blunt trauma in the Cumberland
County Jail." Simon stated that the injuries "
require significant force," and " could not have
been caused by the 'take down' seen in the
[surveillance] video and the second 'take down'
described in the Use of Force Reports that occurred in the
strip search room." (Simon Letter [Docket Item 237-31]).
expert Dr. Randall McCauley, a Professor Emeritus of
Criminology at Indiana University of Pennsylvania, opined
that with a multiple officer take down, the harm suffered by
Plaintiff would be minimized.
Training on the use of force at Cumberland County
Jersey Attorney General's Use of Force Policy (" AG
Policy" ) requires every law enforcement agency to hold
trainings twice a year on the appropriate use of force and
deadly force. Cumberland County Jail has adopted the
AG Policy. (Sciore Dep. 29:19 -- 31:14; Saunders Dep. [Docket
Item 237-41] 88:25-89:11.)
is conflicting evidence on CCDOC's compliance with the AG
policy at the time of Plaintiff's assault. Minguela,
Ford, and Fazzolari, did not recall receiving use of force
training other than during their initial two-week training at
the Jail and training at the police academy, which they were
required to complete within one year of hire. (See Pratts
Dep. 75:13-16-81:5-9; Minguela Dep. 32:12-33:12; 46:13-22;
Ford Dep. 57:3-9; Fazzolari Dep. 83:12-85:12.)
Saunders, the Warden at Cumberland County Jail at the time of
the incident, stated that in 2008, correctional officers did
not receive any use of force training other than during the
initial academy and jail trainings. (Saunders Dep. 84:10-14.)
testified that CCDOC provided use of force training to its
officers twice a year as part of the bi-annual firearms
re-certification. However, Pratts and Ciangaglini did not
remember ever reviewing use of force policies during
fire-arms re-certification, and Minguela testified that he
was " sure" that they did not review use of force
training during the semi-annual firearms recertification.
(Compare Sciore Dep. 29:8-30:22 with Minguela Dep.
52:17-53:25; Ford Dep. 60:17-61:6; Pratts Dep. 80:22-81:4;
Ciangaglini Dep. 117:11-14.) Ford did not recall whether this
was ever done. (Ford Dep. 60:14-61:6.)
CCDOC keeps a training log showing officers' attendance
at training sessions. (Training Log [Docket Item 237-42];
Counter SMF ¶ 173.) The training log indicates that of
the five correctional officers who in the strip search room,
only Still had received training which included training on
use of force within six months of the July 30, 2008 incident
because he was a new hire. Sergeants Pierce and Ciangaglini
and Lieutenant Sciore had last attended training which
included use of force training approximately nine years
before the incident. (Id.) Captain Michael Palau,
the head of the Internal Affairs and training unit, testified
that the training log did not reflect all of the training the
officers at the jail may have received. (Palau Dep. [Docket
Item 237-25] 123:17-124:2.)
to New Jersey law, Cumberland County Jail also required new
hires to attend academy training, which included a training
on use of force, within one year of their hire. (CCDOC Policy
5.2 [Docket Item 237-22].) Correctional officers who were not
academy trained within one year were not allowed to work at
the jail without a waiver from the State. Glenn Saunders, the
warden at CCDOC at the time of the incident, stated that the
academy training " did not always happen" within
the one-year period. Four of the five officers who were in
the strip search room -- Still, Pratts, Minguela, and
Fazzolari -- had not been academy-trained ...