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Glaspie v. County of Gloucester

United States District Court, D. New Jersey

August 22, 2018

LEON GLASPIE, Plaintiff,
v.
COUNTY OF GLOUCESTER, et al., Defendants.

          OPINION

          ROBERT B. KUGLER UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Plaintiff Leon Glaspie, a federal prisoner incarcerated at SCI Benner Township in Bellefonte, Pennsylvania, filed a civil rights complaint arising from a violation of the Interstate Agreement on Detainers (“IAD”). Currently pending before this Court is Defendant Gloucester County's motion to dismiss the complaint pursuant to Rule 12(b)(6) (ECF No. 41) and Plaintiff's motion for leave to amend the complaint (ECF No. 48). For the following reasons, Defendant's motion to dismiss the complaint is granted and Plaintiff's motion to amend the complaint is denied.

         II. BACKGROUND

         The Court adopts and recites the relevant factual history of the case as set forth by the New Jersey Superior Court, Appellate Division:

On November 5, 2008, [Plaintiff], while serving a five-year federal sentence for conspiracy to distribute cocaine, 18 U.S.C.A. § 371, was granted furlough from a federal halfway house in Philadelphia, Pennsylvania, to look for work. On that date, along with a co-defendant, he robbed a bank in Deptford, New Jersey, and fled the scene, injuring a police officer along the way. He was not apprehended until November 24, 2008. After the arrest, he was housed in the Philadelphia Federal Detention Center (“FDC”), where he continued to serve his sentence for the conspiracy while awaiting disposition of the new charge of escape, 18 U.S.C.A. § 751.
On January 5, 2009, the Deptford Police Department lodged a detainer against [Plaintiff]. … In early April 2009, Gloucester County indicted [Plaintiff] for second-degree robbery, N.J.S.A. 2C:15-1(a)(2), and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, 15-1(a)(2).
On April 27, 2009, the Gloucester County Prosecutor, pursuant to the IAD, submitted a certification in support of a state writ to the United States Department of Justice, Federal Bureau of Prisons, requesting [Plaintiff]'s temporary release to New Jersey authorities. The date scheduled for arraignment on the indictment was June 1, 2009. The Gloucester County Superior Court issued a companion order to produce to the County Sheriff, demanding [Plaintiff]'s delivery to the county jail for purposes of the hearing. Accordingly, on June 1, 2009, [Plaintiff] was transported, or “shuttled, ” to Gloucester County, arraigned, and returned to the Philadelphia FDC that same day.
On July 16, 2009, [Plaintiff] was indicted on the federal escape charge. See 18 U.S.C.A. § 751. He entered a guilty plea to the offense on August 26, 2009, and on December 15, 2009, was sentenced to twenty-seven months of imprisonment.
In the interim, the Gloucester County Superior Court issued additional writs to produce [Plaintiff] for proceedings on July 27, August 31, and October 23, 2009. On each occasion, [Plaintiff] was shuttled from the Philadelphia FDC to New Jersey, and returned the same or the following day.
On February 25, 2010, [Plaintiff] was transferred to Big Sandy, a federal penitentiary in Inez, Kentucky. The Gloucester County Prosecutor then lodged a second detainer against [Plaintiff] with Big Sandy. After [Plaintiff] requested final disposition from New Jersey under the IAD, he was transported to New Jersey from Kentucky on June 26, 2010. See N.J.S.A. 2AL159A-3.
In September 2010, a superseding indictment issued charging [Plaintiff] with second-degree robbery, N.J.S.A. 2C:15-1(a)(2); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, 15-1(a)(2); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a); and first-degree robbery, N.J.S.A. 2C:15-1(a)(1).

State v. Glaspie, 60 A.3d 821, 822-23 ( N.J.Super.Ct.App.Div. 2013).

         Plaintiff filed a motion in the Superior Court of New Jersey, Trial Division, to dismiss the indictment based on a violation of the anti-shuttling provision of the IAD. (ECF No. 1 at p. 6). Specifically, Plaintiff argued that the four instances of shuttling between the Philadelphia FDC and the Gloucester County Correctional Facility in 2009 violated the IAD. (See id.). The trial court denied Plaintiff's motion on December 22, 2010. See Glaspie, 60 A.3d at 823. On March 3, 2011, Plaintiff entered a guilty plea to second-degree robbery on the superseding indictment. See id. Plaintiff was sentenced on April 15, 2011. See id.

         Plaintiff appealed the denial of his motion and on February 28, 2013, the Superior Court of New Jersey, Appellate Division, granted Plaintiff's appeal and ordered that the indictment be dismissed with prejudice based on violation of the IAD's anti-shuttling provision. See Id. at 827. The State appealed, and Plaintiff remained imprisoned in a New Jersey correctional facility until November 25, 2013, when the New Jersey Supreme Court denied review of the Appellate Division's decision. (See ECF No. 1 at p. 6).

         On or about October 21, 2015, Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983 asserting that he is entitled to monetary damages for the period of time between June 1, 2009 and November 25, 2013, during which he was illegally detained and unlawfully imprisoned. (See ECF No. 1 at pp. 6-7). On September 7, 2016, this Court issued an opinion dismissing all claims against the State of New Jersey, New Jersey Department of Corrections, Judge Walter L. Marshall, Jr., and Prosecutor Mary K. Pyffer and proceeding Plaintiff's claim against Gloucester County. (See ECF No. 5).

         Gloucester County now moves to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). (See ECF No. 41). Gloucester County argues that the statute of limitations on Plaintiff's false imprisonment claim has expired, or in the alternative, that Plaintiff has failed to plead facts sufficient to state a claim under 42 U.S.C. § 1983. (See Id. at pp. 6-8). Plaintiff filed a response in opposition to the motion to dismiss and Gloucester County filed a reply in support of its motion. (See ECF Nos. 45 & 47).

         Thereafter, Plaintiff filed a motion for leave to amend his complaint. (See ECF No. 48). In the proposed amended complaint, Plaintiff seeks to assert the following claims against Gloucester County: (1) negligence for failing to abide by the provisions of the IAD; (2) failure to train employees on the provisions of the IAD; and (3) false imprisonment. (See ECF No. 48 at pp. 2-12). Additionally, Plaintiff appears to reassert the previously dismissed constitutional violation claims against Judge Walter L. Marshall, Jr. and Prosecutor Mary K. Pyffer. (See ECF No. 48 at pp. 14-20).

         III. ...


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