Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fisher v. Pratt

United States District Court, D. New Jersey

February 11, 2019

DANIEL D. FISHER, SR., Plaintiff,
v.
STEVEN PRATT, individually, and as Captain of Southampton Volunteer Fire Department, and as Investigator of New Jersey State Fire Marshal Office, Southampton Township Fire Department, Defendant.

          DANIEL D. FISHER Appearing pro se.

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         This case concerns civil rights violations alleged to have occurred due to the demolition of Plaintiff Daniel D. Fisher, Sr.'s home. As Plaintiff Fisher has been granted the right to proceed in forma pauperis (“IFP”), this matter is before the Court sua sponte for screening consistent with 28 U.S.C. § 1915. For the reasons stated herein, this Court will dismiss 42 U.S.C. §§ 1985 and 1986 claims, but allow the remaining claims to proceed past screening.

         BACKGROUND

         The Court takes its facts from Plaintiff's Complaint.

         Before explaining the factual basis for this action, it is important to briefly explain some procedural history. An action alleging similar claims arising from the same set of facts was first filed in this Court on December 15, 2017 under a separate docket (1:17-cv-13248 (NLH/KMW)). Plaintiff amended that complaint on December 28, 2017 (the “FAC”) and appeared to assert causes of action under 42 U.S.C. §§ 1983 and 1985 - for damages only. Thereafter, Plaintiff served the Defendants in the original action: Steven Pratt, the Southampton Township Fire Department (collectively, the “Fire Department Defendants”), and the New Jersey State Fire Marshal's Office (the “State Defendant”).

         On January 29, 2018, the Fire Department Defendants filed a Motion to Dismiss or, in the alterative, for a more definite statement. On February 14, 2018, the State Defendant filed a Motion to Dismiss. On February 20, 2018, Plaintiff filed a Second Amended Complaint. The Court issued a March 14, 2018 Order requiring Plaintiff to file a formal motion with the Court asking for leave to file the February 20, 2018 Second Amended Complaint. Plaintiff thereafter filed a Motion for Leave to Amend on March 27, 2018.

         On August 24, 2018, this Court entered an Opinion and Order which:

• Granted the State Defendant's Motion to Dismiss and dismissed it from the case;
• Granted the Fire Department Defendants' Motion to Dismiss the § 1985 claim, without prejudice;
• Granted Southampton Township Fire Department's Motion to Dismiss the § 1983 claim, without prejudice;
• Denied Pratt's Motion to Dismiss the § 1983 claim, without prejudice;
• Denied Plaintiff's Motion for Leave to File a Second Amended Complaint; and
• Granted leave for Plaintiff to file an amended complaint that attempts to cure the deficiencies noted in the Court's Opinion.

         Instead of filing an amended complaint, Plaintiff voluntarily withdrew his FAC and the Clerk closed the case. Thereafter, Plaintiff filed a Motion for Reconsideration which was denied for lack of jurisdiction because the case was voluntarily closed by Plaintiff. The Court instructed Plaintiff to file an amended ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.