United States District Court, D. New Jersey
M. KOBER, CHERRY HILL, ON BEHALF OF PLAINTIFF
RICHARD L. GOLDSTEIN, MARSHALL, DENNEHEY, WARNER, COLEMAN
& GOGGIN, PA ON BEHALF OF DEFENDANTS LISA HATCHER, RON
MIDDLETON, SCOTT OBERMEIER, AND GLOUCESTER TOWNSHIP
JESSICA ANN JANNETTI OFFICE OF THE ATTORNEY GENERAL OF N.J.
ON BEHALF OF DEFENDANT DAVE WALLACE
L. HILLMAN, U.S.D.J.
matter concerns constitutional claims by Plaintiffs arising
out of their fifteen-hour detention at a police station. The
police were investigating a fire at Plaintiff's
apartment. After the investigation, no charges were filed.
Presently before the Court is the motion of Defendant Dave
Wallace, one of the investigators, to dismiss Plaintiffs'
claims against him. For the reasons expressed below,
Defendant's motion will be granted with leave granted to
a.m. on January 27, 2016, Plaintiff Charles V. Klingberg,
Jr., received a call at work that his apartment was on fire.
He called his wife, Plaintiff Brenda Klingberg, who was also
at work. Both Plaintiffs immediately left work and drove to
their home in Gloucester Township, New Jersey. When they got
to their apartment, they identified themselves to the
Gloucester Township police officers at the scene. An officer
directed Plaintiffs to get into a patrol car in order to be
driven to the station to give a statement. Plaintiffs claim
that they felt they had no choice but to follow that command.
the police station at 9:30 a.m., Plaintiffs were placed in
separate interrogation rooms. Plaintiffs claim that
Defendants Lisa Hatcher, Ron Middleton, Scott Obermeier,
Gloucester Township police officers, did not permit them to
speak to each other, make a phone call, or leave the station,
despite being told they were not under arrest.
to Plaintiffs' amended complaint, at 4:30 p.m., Hatcher,
Middleton, Obermeier, and Defendant Dave Wallace, an
investigator with the Camden County Prosecutor's Office,
“or some of them, ” interrogated Brenda
Klingberg. At 7:00 p.m., Obermeier met with Charles Klingberg
and took his statement. At 10:00 p.m. to 11:00 p.m.,
Middleton and Wallace interrogated Charles Klingberg,
described as “rough.” At 11:00 p.m., Charles
Klingberg was administered a polygraph test.
claim that during their detention, they did not receive any
food or drink until 11:00 p.m., and they were only allowed to
use a jail cell toilet. At 1:00 a.m., they were permitted to
leave the police station, and were never arrested.
claim that they were unreasonably seized and detained in
violation of the Fourth Amendment of the U.S. Constitution
and the New Jersey Civil Rights Act. Wallace has moved to
dismiss Plaintiffs' claims against him because he is
entitled to qualified immunity, and because Plaintiffs have
failed to meet the proper pleading standard to state a viable
claim against him. Plaintiff has opposed Wallace's
Subject Matter Jurisdiction
Court has jurisdiction over Plaintiffs' federal claims
under 28 U.S.C. § 1331, and supplemental jurisdiction
over Plaintiffs' ...