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.

Wiley v. City of Newark

United States District Court, D. New Jersey

October 16, 2017

MALCOLM WILEY, Plaintiff,
v.
CITY OF NEWARK, NEW JERSEY; CITY OF NEWARK NEW JERSEY POLICE DEPARTMENT; CITY OF NEWARK NEW JERSEY POLICE OFFICERS JOHN DOES 1-50, etc., Defendants.

          MEMORANDUM & ORDER

          KEVIN MCNULTY. U.S.D.J.

         This 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.

         Introduction

          In 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).

         The 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).

         The 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. § 1983)
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 ...

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.