Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Reardon v. Zonies

United States District Court, D. New Jersey

March 29, 2017

JOHN E. REARDON, Plaintiff,
v.
MAGISTRATE ZONIES, et al., Defendants.

          JOHN E. REARDON Pro Se Plaintiff.

          ZELLER & WIELICZKO, LLP By: Dean R. Wittman, Esq. Michael J. Huntowski, Esq. Counsel for Defendants.

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         Pro se Plaintiff John Reardon asserts that he was denied his right to a jury trial when he was fined for various traffic violations in municipal court in 1988. He further asserts that Defendants retaliated against him for “challenging the State's Motor Vehicle Laws.” (Compl. pg. 16)

         Presently before the Court is Defendants' Motion to Dismiss the Complaint for failure to state a claim. For the reasons set forth below, the Motion will be granted as to the federal law claims and the Court will decline to exercise supplemental jurisdiction over the remaining state law claims.[1]

         I.

         The Complaint alleges that Plaintiff was subject to a traffic stop three times in 1988. First, on June 24, 1988, Plaintiff alleges he was pulled over by Defendant Officer Russell J. Smith and issued Plaintiff traffic tickets for “(A) No Registration; (B) No Insurance; (C) Failure to use turn signals; (D) Driving While Suspended[2]; and (E) Failure to produce [registration and insurance].” (Compl. pg. 5)

         Second, on October 14, 1988, Defendant Officer Smith again allegedly stopped the Plaintiff, this time issuing tickets for “(A) Driving While suspended; (B) Driving without Insurance and (C) Using an Unregistered Vehicle.” (Compl. pg. 5)

         Lastly, Plaintiff alleges that on November 17, 1988 Defendant Officer Daniel J. Dougherty stopped Plaintiff and issued Plaintiff tickets for “(A) No Insurance; (B) No Registration; (C) Driving while suspended; and (D) Fictitious License Plates.” (Compl. pg. 5)

         Plaintiff alleges that he was “summarily tried and convicted” on April 24, 1989 in Runnemede municipal court. (Compl. pg. 6) It is not clear whether there was one alleged summary “trial” or three separate proceedings. In any event, Plaintiff alleges that Defendant “Magistrate” Daniel B. Zonies, Esq. presided over all adjudications and that Defendant Lawrence Luongo, Esq. was the “prosecutor.” (Compl. pg. 6)

         “On the [June 24, 1988] offenses” Plaintiff alleges he was “fined” $10.00 and assessed $15.00 in “costs” for driving an unregistered vehicle; and “fined” $350.00 and assessed $15.00 in “costs” “for having no insurance.” (Compl. pg. 6) He also alleges that “as a result of” these “convictions, ” “Plaintiff was given $3, 000.00 in surcharges and had his license suspended for 6 months.” (Id.)

         “On the [October 14, 1988] offenses, ” Plaintiff alleges he was “fined” $25.00 for driving an unregistered vehicle, and $500.00 for “having no insurance.” (Compl. pg. 6) He was also allegedly assessed $15.00 in costs for each violation. (Id.) Plaintiff also alleges that his license was suspended for two years and he “was given $3, 000.00 in surcharges.” (Id.)

         “On the [November 17, 1988] offenses” Plaintiff alleges he was “fined” as follows:

• “No registration: $35.00 Fine, $15.00 Costs”
• “Fictitious Tags: $25.00 Fine and $15.00 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.