United States District Court, D. New Jersey
WILLIAM J. MARTINI, U.S.D.J.
MATTER comes before the Court upon Defendant the
State of New Jersey's (“State”) Motion to
Dismiss the Amended Complaint. There was no oral argument
pursuant to Federal Rule of Civil Procedure 78(b). For the
reasons set forth below, the Motion is
is represented by counsel, but the Amended Complaint, ECF No.
[1-1], is not a model of clarity. Much of the allegations
found in the Amended Complaint are boilerplate recitation of
state and federal constitutional rights without factual
details. Based on the sparse allegations before the Court, it
appears that on February 11, 2016 Plaintiff, while driving in
Summit, New Jersey, had an encounter with at least one state
trooper. Plaintiff alleges that during the encounter the
state trooper stated that he smelled the odor of marijuana
and searched Plaintiff's vehicle. It is not clear if
anything was found in the vehicle. The trooper then asked
Plaintiff to consent to a breath test, and Plaintiff refused.
Plaintiff was then arrested for driving under the influence
and refusal to consent to a breath test. ECF No. [1-1] at 7;
see also N.J.S.A. § 39:4-50 & 4-50.2. The
Amended Complaint does not state if Plaintiff made any
further statements to the trooper.
18, 2016, the state court suppressed the fruits of the search
of Plaintiff's vehicle. The charges were later dismissed.
Based on these facts, Plaintiff asserts the following claims:
1. Count I: “Violations of New Jersey Constitution -
2. Count II: “False Arrest, Violations of U.S.
Constitutions [sic] 4th and 5th Amendment and N.J.
Constitution, Article 1 - All Defendants”
3. Count III: “Malicious Prosecution - All
4. Count IV: “Invasion of Privacy Article 1 Par 1 New
Jersey Constitution - Individual Defendants Only” 5.
Count V: “Lible [sic], Slander, Defamation - Individual
6. Count VI: “Infliction of Severe Emotional Distress
 - Individual Defendants Only”
7. Count VII: “USCA [sic] 1983, 1985, 1986, 1988 - All
8. Count VIII: “N.J.S.A. 10:5-1.1, 10:5-12(f), 10-1-1,
2 - All Defendants.”
initially filed this case on February 13, 2017 in New Jersey
state court. See ECF No.  at 2. According to the
NJAG, that case was dismissed on September 1,
2017 for lack of prosecution. On May 2, 2018, counsel for
Plaintiff filed a “Motion for Reinstatement” in
New Jersey state court, which was granted on May 25, 2018.
Id. at 2. On August 3, 2018, Plaintiff filed an
Amended Complaint, ECF No. [1-1], which added the federal
causes of action set forth in Count VII. The Amended
Complaint asserts claims against the State of New Jersey, the
Division of State Police State of New Jersey Department of
Law and Public Safety (the “Division”),
Superintendent of State Police Joseph Fuentes, State Trooper
William Perez, Sargent J.R. Coppola, and John Does 1-10.
Id. The NJAG represents that the State was served on
September 25, 2018 with a copy of the Amended Complaint.
Id. at 3. It is unclear whether Plaintiff ever
attempted to serve the other Defendants with a copy of the
original or amended complaints. Id. ...