United States District Court, D. New Jersey
ANTOINE R. TRENT, et al. Plaintiff,
UNION TOWNSHIP POLICE DEPARTMENT, et al., Defendants.
MCNULTY UNITED STATES DISTRICT JUDGE
plaintiff, Antoine R. Trent, is a state prisoner proceeding
pro se with a civil rights complaint filed pursuant to 42
U.S.C. § 1983. Presently pending before this Court is
Mr. Trent's request to reopen his case. For the following
reasons, plaintiffs request to reopen will be denied.
facts alleged in plaintiffs complaint are summarized in my
prior opinion. The plaintiff sues the Union Township Police
Department and one of its officers, David Pinto, for
excessive use of force on April 22, 2011.
February 4, 2015, this Court screened Mr. Trent's
original complaint and found that it was filed beyond the
applicable two-year statute of limitations for actions
brought pursuant to 42 U.S.C. § 1983 in New Jersey. Mr.
Trent filed his complaint in November 2014, over
three-and-one-half years after the incident. I dismissed the
complaint without prejudice, and gave Mr. Trent thirty days
in which to file a proposed amended complaint that stated the
basis for tolling the two-year statute of limitations period,
if any such a basis existed. The deadline came and went. On
July 21, 2016, or over five months after the Court's
screening Opinion, Mr. Trent sent the court a letter arguing
that the statute of limitations should have been equitably
request to reopen the case will be denied for several
reasons. First, Mr. Trent's request to reopen was filed
well beyond the thirty-day period that this Court allowed in
its February 4, 2016 Opinion. Second, Mr. Trent has failed to
file a proposed amended complaint with his request to reopen,
as required by the Court's February 4, 2016 Order.
and in the alternative, the asserted grounds for equitable
tolling are inadequate.
letter, Mr. Trent explains that in July 2011, a paralegal
visited him in prison and stated that a law firm would be
interested in representing him in a civil lawsuit against the
police. Mr. Trent filled out forms permitting the paralegal
to obtain his medical records. The attorney allegedly told
him he was investigating the matter. Mr. Trent thereafter
tried and failed to reach the attorney. Eventually, in 2014,
Mr. Trent filed the complaint on his own.
tolling has generally been applied in three circumstances:
(1) [where] 'the complainant has been induced or tricked
by his adversary's misconduct into allowing the filing
deadline to pass' ...
(2) where a plaintiff has 'in some extraordinary way'
been prevented from asserting his rights [and]...
(3) where a plaintiff has timely asserted his rights
mistakenly by either defective pleading or in ...