United States District Court, D. New Jersey
L. TELLES LAW OFFICES OF ERIC A. SHORE, P.C. On behalf of
FAVILLE BAIRD LAW OFFICES OF ERIC A. SHORE, P.C. TWO PENN
CENTER On behalf of Plaintiff
ARNAUTOVIC ASHLEY GAGNON OFFICE OF THE ATTORNEY GENERAL OF
N.J. On behalf of Defendants Mary Eva Colalillo, Dana R.
Pertone, and Grace Macaulay
L. HILLMAN, U.S.D.J.
matter concerns various § 1983 and New Jersey Civil
Rights Act (NJCRA) claims arising from Plaintiff Keidron
Alexander's January 2016 arrest. Before the Court is a
Motion to Dismiss filed by Defendants Mary Eva Colalillo,
Dana Pertone, and Grace MacAulay. For the reasons that
follow, the Court will grant Defendants' motion.
Court takes its facts from Plaintiff's July 7, 2017
Second Amended Complaint. On the morning of January 23, 2016,
Plaintiff and Averie Jones, Plaintiff's girlfriend who
lived with him at the time, engaged in a physical
altercation. At no point during the altercation did Plaintiff
touch Jones or physically threaten her. During the
altercation, Jones poured a pot of boiling water on
Plaintiff, resulting in first- and second-degree burns on
Plaintiff's back, head, and ear.
response, Plaintiff stated he was going to call the police.
However, Jones called the police before Plaintiff could.
Defendant Officer Marino arrived on the scene first in
response to the 911 call. Marino recognized that Jones
displayed no signs of physical injury on his arrival. Marino
learned that Plaintiff had been scalded with hot water.
Hill Police Officer observed burn injuries to Plaintiff's
face and relayed to Marino that Plaintiff's skin turned
pink and the condition of his neck, ear, and face. Marino
acknowledged Plaintiff's injuries. It was recognized that
Plaintiff's injuries were so serious that they warranted
calling an ambulance.
asked Jones several times whether she required medical
attention, to which Jones responded she did not. Neither
Marino nor any other Pine Hill Police Officer spoke with
Plaintiff at the scene to get his version of events.
Defendant Officer Kramer escorted Plaintiff to Kennedy
Hospital. Marino never appeared at the hospital to take a
statement from Plaintiff.
to Marino, it was not a rare occurrence to arrive at the
scene of a domestic violence incident where both parties
claim to be a victim. Despite the fact that Marino was aware
that Plaintiff exhibited signs of injury in a domestic
setting and that Jones exhibited no signs of physical injury,
Marino, Kramer, the Borough of Pine Hill, and the Borough of
Pine Hill Police Department issued a Statement of Probable
Cause and warrant against Plaintiff, charging him with
assault, N.J.S.A. 2C:12-1(a)(1), and aggravated assault,
N.J.S.A. 2C:12-1(b)(7). Plaintiff was placed under arrest by
Kramer upon leaving the hospital. Jones was not arrested.
was detained at the Camden County Correctional Facility until
January 25, 2016. The charges against Plaintiff were
eventually dismissed, and Plaintiff was granted a final
restraining order against Jones.
July 7, 2017 Second Amended Complaint asserts nine counts:
(1) a Fourth Amendment false arrest claim under § 1983;
(2) a Fourth Amendment malicious prosecution claim under
§ 1983; (3) a Fourteenth Amendment selective enforcement
claim under § 1983; (4) a Fourteenth Amendment civil
rights violations claim under § 1983; (5) a
Monell claim under § 1983; (6) a false
arrest claim under the NJCRA; (7) a malicious prosecution
claim under the NJCRA; (8) a sex discrimination claim under
the New Jersey Law Against Discrimination, N.J.S.A.
10:5-1; and (9) a claim for equitable relief.