United States District Court, D. New Jersey
MELISSA YVETTE HOFFMAN CONRAD J. BENEDETTO ON BEHALF OF
ALTMAN (PRO HAC) SOLOMON RADNER (PRO HAC) EXCOLO LAW, PLLC ON
BEHALF OF PLAINTIFF
B. REYNOLDS REYNOLDS & HORN, P.C. A PROFESSIONAL
CORPORATION ON BEHALF OF DEFENDANTS THE CITY OF MILLVILLE AND
CHIEF JODY FARABELLA
PATRICK JOSEPH MADDEN MADDEN & MADDEN, PA ON BEHALF OF
DEFENDANT OFFICER JEFFREY PROFFIT
L. HILLMAN, U.S.D.J.
matter concerns various § 1983 and related state law
claims by Plaintiff Kenneth Harden against Defendants the
City of Millville, Chief Jody Farabella, and Officer Jeffrey
Proffit. Before the Court is a motion to dismiss by the City
of Millville and Farabella based on the statute of
limitations. For the reasons set forth below, the Court will
grant the motion.
Court takes its facts from Plaintiff's Second Amended
Complaint. In 2015, Plaintiff and a companion were driving in
the City of Millville when they were stopped by Officer
Proffit of the City of Millville Police Department. After
stopping Plaintiff, Proffit “forced Plaintiff out of
his vehicle and without provocation punched Plaintiff
numerous times in the face and about his body.” Fearing
for his safety, Plaintiff attempted to flee. He was chased by
Proffit who pulled out his service weapon. In response,
Plaintiff stopped running and was apprehended.
then “pushed and shoved Plaintiff to the ground,
” where “Officer Proffit attempted unsuccessfully
to shove his service gun into Plaintiff's mouth.”
He then “pistol-whipped Plaintiff on the back-right
side of his head causing Plaintiff's head to split open
and begin bleeding.” Plaintiff was taken to the
Millville Police Headquarters where he was charged with
resisting arrest. After being processed, Plaintiff was
transported to Inspira Hospital in Vineland, New Jersey,
where he received multiple staples to his head. In addition
to the injury to his head, Plaintiff also had other
abrasions, scratches, and bruises on his face and torso. He
also had a headache and injury to the middle finger on his
right hand. As a result of the 2015 incident, Plaintiff has
suffered continuously from nightmares and dizziness.
filed a Second Amended Complaint in this matter on July 18,
2017. Plaintiff's Second Amended Complaint asserts eight
counts against Defendants: (1) a § 1983 claim appearing
to be a Monell claim, (2) what appears to be a §
1983 claim under the Eighth and Fourteenth Amendments, (3) a
§ 1983 claim for supervisory liability, (4) a claim for
violation of the New Jersey Civil Rights Act, N.J.S.A.
10:6-1, (5) battery, (6) negligence, (7) a § 1983 claim
under the Fourth Amendment for unlawful arrest, and (8) a
§ 1983 claim under the Fourth Amendment for excessive
Defendants answered on August 10, 2017, specifically
asserting a statute of limitations defense. On October 12,
2017, Defendants the City of Millville and Farabella filed
their motion to dismiss.
Court has federal question jurisdiction pursuant to 28 U.S.C.
§ 1331, as Plaintiff brings claims under 42 U.S.C.
§ 1983. The Court exercises supplemental jurisdiction