The officers were taking S.D.'s statement when plaintiff entered the pizzeria and pushed Officer Croban on her way to reach S.D. Neither Officer Croban nor Officer Arias recalled seeing plaintiff's brother or friend in the pizzeria. He was hysterically crying because he had just been robbed by a group of adolescents.
The officers responded to the scene, where they found a juvenile boy, S.D., 2 sitting in a booth near the entrance to the pizzeria.
Brianna perez mr postman trial#
When defendants moved for summary judgment, the parties provided the trial court with very different accounts of why and how this occurred.Īccording to Officers Croban and Arias, they were on routine patrol when civilians alerted them about a problem at a pizzeria. On May 28, 2010, Officers Croban and Arias arrested plaintiff at a local pizzeria in Elizabeth. For the following reasons, we affirm in part and reverse, vacate, and remand in part. While the trial court correctly concluded plaintiff's guilty plea barred her from asserting claims based upon false arrest or false imprisonment, we conclude the court erred in dismissing plaintiff's excessive force claim and her common law claims based on willful misconduct. The court further held the permanency and monetary thresholds of the New Jersey Tort Claims Act1 (TCA) barred plaintiff's CRA claim based upon excessive force, as well as her common law tort claims. The trial court held plaintiff's guilty plea in a related juvenile proceeding barred any CRA claim based upon false arrest or false imprisonment. 10:6-1 to -2, in addition to related common law tort claims. Plaintiff sued the officers and the City alleging false arrest, false imprisonment, and excessive force, in violation of the New Jersey Civil Rights Act (CRA), N.J.S.A. Plaintiff claimed she suffered injuries from excessive force used by the officers when they arrested her at a local pizzeria. She also appeals from a Februorder denying her motion for reconsideration.
Croban (Officer Croban), Grisel Arias (Officer Arias), and the City of Elizabeth (the City). Plaintiff Brianna Perez appeals from the Law Division's Januorder granting summary judgment and dismissing her complaint against defendants Francisco R. Croban (Palumbo Renaud & DeAppolonio, LLC, attorneys Mr. Renaud argued the cause for respondent Francisco R. Spaeth argued the cause for respondent Grisel Arias (Wolf, Helies, Spaeth & Lucas, P.A., attorneys Guy P. Varady argued the cause for respondent City of Elizabeth (LaCorte, Bundy, Varady & Kinsella, attorneys Mr. Pennington argued the cause for appellants (Eric S. On appeal from Superior Court of New Jersey, Law Division, Union County, Docket No. This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet this opinion is only binding on the parties in the case and its use in other cases is limited.
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