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Case 1:05-cv-02029-JBS-JBR Document 2 Filed 04/26/2005 Page 1 of 12
DAVID ENGLISH, :
: Civil No. 05-2029 (JBS)
Plaintiff, :
:
v. :
: O P I N I O N
DET. ARMSTRONG, et al., :
:
Defendants. :
_______________________________ :
APPEARANCES:
direct the Clerk of the Court to file the Complaint without pre-
Dockets.Justia.com
Case 1:05-cv-02029-JBS-JBR Document 2 Filed 04/26/2005 Page 2 of 12
I. BACKGROUND
factual allegations are taken from the Complaint and are accepted
was under the obvious influence of PCP and crack cocaine. Det.
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States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). The Court must
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Plaintiff should also be aware that the PLRA requires
Courts to determine whether a prisoner has, on three or more
prior occasions while incarcerated or detained in any facility,
brought an action or appeal in federal court that was dismissed
as frivolous, malicious, or for failure to state a claim upon
which relief may be granted. If so, the prisoner is precluded
from bringing an action in forma pauperis unless he or she is
under imminent danger of serious physical injury. 28 U.S.C. §
1915(g). It appears that English has filed two lawsuits which
were dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A.
See English v. Camden County Correctional Facility, et al., Civil
No. 95-285 (JBS), and English v. Fratto, et al., Civil No. 95-284
(JBS). The Court cautions plaintiff that this would be his third
strike under § 1915(g).
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Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997). The Court
Gibson, 355 U.S. 41, 45-46 (1957)); Milhouse v. Carlson, 652 F.2d
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Harrisburg County Police Dept., 91 F.3d 451, 453 (3d Cir. 1996).
part:
1994).
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citizen, there are no allegations that she was acting under color
IV. ANALYSIS
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Garner, 471 U.S. 1, 8 (1985) and Graham v. Connor, 490 U.S. 386,
396 (1989).
266, 274 (1994)(a section 1983 claim for false arrest may be
two elements: (1) that there was an arrest; and (2) that the
Philadelphia, 855 F.2d 136, 141 (3d Cir. 1988). To establish the
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(3d Cir. 1995). Rather, probable cause exists when the facts and
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While “[a] false imprisonment claim under 42 U.S.C. §
1983 is based on the Fourteenth Amendment protection against
deprivations of liberty without due process of law[,]” Baker v.
McCollan, 443 U.S. 137, 142 (1979), the claim is derivative of a
Fourth Amendment violation for arrest without probable cause.
See Groman, 47 F.3d at 636.
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Montgomery v. De Simone, 159 F.3d 120, 126 (3d Cir. 1998); Rose
B. Malicious Prosecution
(3d Cir. 1996), and that there has been a seizure, Gallo v. City
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In this instance, plaintiff’s arrest occurred on or about
March 29, 2005; therefore, the § 1983 claim for false arrest
accrued on that date. Plaintiff submitted this action for filing
in the district court on or about April 18, 2005, making his
action timely.
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of Philadelphia, 161 F.3d 217, 222 (3d Cir. 1998); Luthe v. Cape
May, 49 F. Supp.2d 380, 393 (D.N.J. 1999). Under New Jersey law,
cause for the proceeding, and (4) the criminal proceeding was
63 F.3d 110, 116 (2d Cir. 1995)); see Albright v. Oliver, 510
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The United States Court of Appeals for the Third Circuit has
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Port Auth. Police Benevolent Ass'n v. Port Auth. of New York and
New Jersey Police Dep’t, 973 F.2d 169, 173 (3d Cir. 1992)
(citing Schall v. Joyce, 885 F.2d 101, 106 (3d Cir.1989)). Here,
English has the opportunity to raise his claims (i.e., that the
V. CONCLUSION
s/ Jerome B. Simandle
JEROME B. SIMANDLE
United States District Judge
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