United States District Court, D. New Jersey
BRITTON, Plaintiff pro se
B. SIMANDLE U.S. DISTRICT JUDGE
Plaintiff Lonnie Britton, a convicted and sentenced state
prisoner currently confined in South Woods State Prison
(“SWSP”), has submitted a proposed amended
complaint (“PAC”) that the Court construes as a
motion to amend his complaint. Motion to Amend, Docket Entry
6. He also moves for the appointment of pro bono counsel,
Docket Entry 7.
Court dismissed Plaintiff's complaint on April 18, 2018
as unintelligible, incomprehensible, and frivolous. It
granted Plaintiff one final opportunity to submit a coherent
complaint in the interests of justice. April 18, 2018 Order,
Docket Entry 5.
PAC alleges the Office of the Public Defender (“the
Office”) “has a policy to the end that no
innocent person shall be convicted, and that the guilty, when
convicted shall be convicted only after a fair trial
according to due process of the law.” PAC ¶ 3
alleges the Office negligently hired Omar Aguilar to
represent Plaintiff in his criminal trial and failed to
“formulate and adopt rules and regulations as are
necessary to prevent Aguilar and other staff members from
invariable patterns of unconstitutional conduct.”
Id. ¶¶ 4-5.
Plaintiff alleges Robert Moran failed to supervise Aguilar
and other members of the Office and did not “provide
all the necessary services to Britton and facilities of
representation; including investigation and preparation to
enforce the state declared policy for the realization of the
constitutional guarantee to Britton.” Id.
Plaintiff further alleges Aguilar counseled him “to
accept an agreement to have bail reduced which was deficient
and showed prejudice of counsel to Britton's right to
have bail.” Id. ¶ 19. Plaintiff states
Moran was aware of the Office's “custom of
influencing or advising clients to voluntarily and
intelligently except [sic] unilaterally negotiated plea
bargains at which appear to be a function controlled by
administrative direction . . . .” Id.
Plaintiff states he waived his right to counsel on January
23, 2015 because he “objected to Aguilar's conduct
of incompetence, unhonesty [sic] and unfair pattern of
conduct in assisting him in handling his case.”
Id. ¶¶ 26-27.
Plaintiff further alleges Eric Shenkus, another Public
Defender who occasionally appeared on Plaintiff's behalf,
failed to communicate with him to discuss strategy.
Id. ¶ 40.
Plaintiff alleges Steven Rando, a detective with the Atlantic
City Police Department, improperly administered his
Miranda rights and enticed Plaintiff to
“involuntary confess” before arresting him
without a complaint or warrant. Id. ¶¶
According to Plaintiff, Deputy Court Administrator Yolonda
Shabazz signed the warrant stating she found probable cause
for arrest after he was detained by Detective Rando.
Id. ¶¶ 47, 62-66.
Plaintiff alleges Joe Fury identified himself as a FBI agent
when he arrived at the Atlantic City Police Department.
Id. ¶ 57. Plaintiff states Fury coerced him
into making an involuntary statement by “making
reference to Federal custody and help that Britton could
receive . . . .” Id. ¶ 60.
Plaintiff alleges the Atlantic City Municipal Court
“failed to train or supervise Shabazz, Rando, and Fury
in the execution of government policy in the procedures of
filing the complaint and ...