United States District Court, D. New Jersey
MEMORANDUM & ORDER
matter comes before the Court on the motion (ECF no. 26) of
the City of Newark and the Newark Police Department to
dismiss the complaint for failure to state a claim. For the
reasons stated herein, the motion will be denied.
deciding a Rule 12(b)(6) motion, a court must take die
allegations of the complaint as true and draw reasonable
inferences in the light most favorable to the plaintiff.
Phillips v. County of Allegheny, 515 F.3d 224, 231
(3d Cir. 2008). Pursuant to Fed.R.Civ.P. 8(a), a complaint
must contain a "short and plain statement of the claim
showing that the pleader is entitled to relief."
"[A] plaintiffs obligation to provide the
'grounds' of his 'entitlement to relief requires
more than labels and conclusions, and a formulaic recitation
of the elements of a cause of action will not do."
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007). Thus, the complaint's factual allegations must be
sufficient to raise a plaintiff's right to relief above a
speculative level, stating a claim that is "plausible on
its face." Id. at 570; see also Umland v.
PLANCO Fin. Serv., Inc., 542 F.3d 59, 64 (3d Cir. 2008).
First Amended Complaint (ECF no. 21, referred to herein as
the "Complaint"), alleges as follows. On May 6,
2014, the plaintiff, Malcolm Wiley, was on foot at 207 North
9th Street in Newark, New Jersey. Newark police
officers, whose identities are currently unknown to
plaintiff, were in a marked police car. They sought to make
an investigatory stop of Wiley. To apprehend him, the
officers ran over Wiley with their police car, deliberately
using the car as a weapon. The officers then falsely arrested
Wiley, who had not been engaging in any criminal activity,
and took him to die nearest precinct. Wiley suffered broken
legs, as well as injuries to his hip, back, thighs, and head.
The officers delayed getting Wiley needed medical attention,
although eventually they took him to the University of
Medicine and Dentistry of New Jersey (UMDNJ).
Complaint asserts ten causes of action:
Count 1: Excessive force (42 U.S.C. § 1983)
Count 2: Denial of medical care (42 U.S.C. § 1983)
Count 3: Monell liability of City (42 U.S.C. §
Count 4: Unlawful seizure (42 U.S.C. § 1983)
Count 5: Assault and battery
Count 6: Intentional infliction of emotional distress
Count 7: Negligent infliction of emotional ...