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Moretti v. Mordaga

United States District Court, D. New Jersey

August 24, 2018



          KEVIN MCNULTY United States District Judge.

         Plaintiff Salvatore J. Moretti, pro se, is a prolific litigant; his complaint lists some two dozen filed actions. (ECF no. 1 at 15-16) In this Complaint, he sues a single defendant, Michael Mordaga. Mordaga has filed a Rule 12(b)(6) motion to dismiss the complaint for failure to state a claim, as well as a short reply brief. (ECF nos. 27, 41) Moretti has filed multiple documents, and hundreds of pages of attachments, that may be construed as a response to the motion. (See ECF nos. 31, 34, 35, 36, 37, 38, 39, 43, 44, 45, 46, 47) For the reasons stated herein, the motion to dismiss will be granted.


         The Complaint is brought under "U.S. Const. Amed. Fourth, Fourteenth, Civil Rights 42 U.S.C. Sections 1981, 1983, 1985, 42 USC Sect. 12101, 3631, etc." The Complaint is wide-ranging, defying summarization. It covers a bewildering variety of personal and historical events, which I do not summarize here. Instead, I extract from the Complaint the allegations that mention the only named defendant, Michael Mordaga.

         Mordaga worked in the Bergen County Prosecutor's office and lives in Paramus, New Jersey. He used the same CPA as Moretti, and went to the same law school as the County prosecutor, Molinelli. A labor activist named William Kresja died in June 1, 1988, at a time that he was "under the eye of Mordaga." In 1994, Moretti was "jailed, for no reason, for over a month, under the surveillance of Police Director, Police Officer, Police Detective, Prosecutor Office Detective Michael Mordaga." Mordaga coveted the job of Bergen County Sheriff. "Rival Assemblyman Ken Zisa opposed Mordaga, and Zisa was replaced by Mordaga, Director of the Police."

         Mordaga "graduated from Paramus High School," where he played football. Moretti first met Mordaga when sunning himself on his front lawn. The two got in a fight when Moretti identified himself as the property manager.

         John Doyno, a CPA used by Moretti, was also employed by Mordaga to set up a corporation (from the context, possibly in the 1980s). Moretti only found out about this years later. Moretti also learned years after the event that Doyno had assisted Mordaga in building a "$1, 300, 000 show place" in Paramus, near a church that the Moretti family had attended since 1959.

         Moretti read in New Jersey court reports that Mordaga, when assigned to the narcotics squad in Hackensack, broke into the apartment of one Leo Jones without a warrant.

         There was a scandal surrounding the Bergen County Sheriff that required the return of $225, 000 in 2001, and the Sheriff was replaced. "In retrospect, it is difficult to connect this event to the report by the Record newspaper that Michael Mordaga wanted the Bergen Sheriffs job." It was reported, however, that Mordaga wanted to be the Bergen County Sheriff and the Hackensack Police Chief. After the chief was forced to resign, Mordaga "ran the Hackensack police department as the civilian police director."

         In or around 2007, it emerged that there was a "kickback of $100, 000 to Michael Mordaga in the Teterboro jet crash," apparently in connection with Mordaga's referral of an attorney. Mordaga "operated DS Universal Consultants and made over $170, 000 a year." The Record reported in 2016 that Mordaga owned several houses in addition to his $1, 300, 000 showplace.

         "In summary, many police officers have had their lives wrecked by Michael Mordaga, and the Bergen County Prosecutor's Detective Squad. It is time to assess damages." The nation's military "entered WWII with high ideals, ideals which we do not see exhibited by Michael Mordaga and John Molinelli." A law school graduate, Moretti would have improved the image of Hackensack, but Mordaga has not done so. Through the "intrigues" of men such as Mordaga and Molinelli, the town has a "ghost town image," with many commercial vacancies.

         Moretti seeks compensation for loss of services (apparently, services to his real estate properties) "during the twenty years of Mordaga's serving as a detective."

         The Complaint touches on many other subjects, which bear no obvious relation to the sole defendant, Mordaga. The defendant accurately lists some of them: "inter alia. World War II, issues with a barking dog, the fact that [Moretti] is a storied author (with references to his books), various political elections, arson, assault, housing issues, the election of Superior Court judges, banking issues, robbery and theft, foreclosure actions, jet crashed, issues getting his parking ticket validated when he appeared for jury duty, the downfall of the Sears store in Hackensack, meetings with President Roosevelt at Hyde Park..., and meetings at the Vatican and with General Patton." (Def. Br. 5-6)

         II. ...

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