Opinion

PICKETT v. BROWN

Court
District Court, D. New Jersey
Filed
Apr 22, 2022
Cited by
0 cases
Authority
More cited than 25.4%

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

GLEN PICKETT,

Plaintiff,

Civil Action No. 21-10725 (KMW) (MJS)

v.

OPINION

DENNIS BROWN, et al.,

Defendants.

WILLIAMS, District Judge

This matter comes before the Court by way of Defendant Jessica Klavens’ (“Klavens”)

motion to dismiss Plaintiff’s Amended Complaint (ECF No. 8). Plaintiff Glen Pickett (“Plaintiff”)

is proceeding pro se with the instant Amended Complaint (ECF No. 6). Plaintiff opposes Klavens’

Motion (ECF No. 20), and Klavens responded to Plaintiff’s opposition (ECF No. 21). For the

reasons set forth below, Klavens’ Motion is GRANTED.

I. BACKGROUND1

On June 9, 2021, Plaintiff filed an Amended Complaint alleging that Defendants interfered

with and infringed upon his rights during events that occurred on May 22-23, 2020. Amended

Complaint, ECF No. 6 at ¶¶ 1-9. Specifically, Plaintiff alleges that on May 22, 2020 and May 23,

2020, Defendant Dennis J. Brown, using Defendant Michelle Brown-Pierce’s vehicle, trespassed

upon Plaintiff’s property. Id. at ¶¶ 3, 21. Plaintiff asserts that Defendants Dennis J. Brown,

Michelle Brown-Pierce, Priscilla Brown, Belinda Brown, and Rasheek Burden (collectively

1 The Court sets forth the facts based on what it can glean from Plaintiff’s unartfully pled filings.

“Brown Defendants”) threatened him with injury and held him in a “condition of false

imprisonment” by “fraudulent means,” whereby he felt that he could not leave his house. Id. at ¶¶

4-5, 32. Plaintiff believed he would be physically harmed and his property would be damaged if

he did not fight Defendant Dennis J. Brown or comply with the Brown Defendants’ demands, or

if he called the police. Id. at ¶¶ 4-5, 25-29. Defendant Rasheek Burden allegedly threatened to

break out Plaintiff’s windows if he did not come outside and fight. Id. at ¶ 6. Plaintiff specifically

alleges that on May 23, 2020, Defendant Dennis J. Brown came to his house where he threatened

and shouted hostilities at him. Id. at ¶¶ 25-29. Plaintiff claims that due to Defendant Dennis J.

Brown’s actions and verbal threats of violence, he was in imminent fear of bodily injury and the

destruction of his property. Id. at ¶¶ 7, 26-29. Eventually, Plaintiff called the police and Defendant

Quanzell A. Lambert (“Lambert”), who the Court believes to be a police officer, arrived at the

scene. Id. at ¶¶ 30-31. Plaintiff further asserts that Lambert failed to take any reasonable action

and created a “forged instrument” which caused him physical harm and harmed his property. Id.

at ¶¶ 23, 31.

Seemingly, based on the above interactions between Plaintiff and the Brown Defendants,

a criminal action was initiated.2 The Court gleans from the Amended Complaint that Plaintiff’s

causes of action against Klavens, a Cumberland County Assistant Prosecutor, are solely in

connection with her role in the referenced criminal action. Specifically, Plaintiff alleges that

Klavens (1) retained possession of his property, which he asserts she refused to return and thus

continues to unlawfully possess and (2) trespassed upon his property and caused him harm when

she “uttered a forged instrument” in court on August 6, 2020 to entice Plaintiff to accept a plea

bargain. Id. at ¶¶ 24, 78-87.

2 The Court notes that nothing in this Opinion or the accompanying Order applies to the Brown Defendants or Lambert,

as those parties have not moved to dismiss the matter and therefore the claims against them are not addressed herein.

On June 30, 2021, Klavens filed the instant Motion to Dismiss, asserting four primary

arguments. Motion, ECF No. 8. First, Klavens argues that the constitutional claims against her

should be dismissed because she is not a “person” subject to suit under 42 U.S.C. § 1983. Second,

Klavens asserts that she is protected by absolute prosecutorial immunity thereby barring Plaintiff’s

claims. Id. at 8-11. Third, Klavens argues that even if she is not entitled to prosecutorial immunity,

Plaintiff’s claims should be dismissed because she is entitled to qualified immunity. Id. at 12-15.

Fourth, Klavens asserts that Plaintiff’s claims should be dismissed because Plaintiff failed to serve

a Notice of Tort Claim within 90 days of the accrual of his claims thereby failing to comply with

the notice requirements provided by New Jersey law. Id. at 15-17.

On August 5, 2021, Plaintiff filed a response which, like his Amended Complaint, is

unartfully pled and does not adequately address or respond to Klavens’ arguments. Opposition,

ECF No. 20.

On August 11, 2021, Klavens filed a Reply in the form of a letter, largely reiterating the

arguments presented in the Motion. Reply, ECF No. 21.

II. LEGAL STANDARD

In deciding a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), a district court is

required to accept as true all factual allegations in the complaint and draw all reasonable inferences

from those allegations in the light most favorable to the plaintiff, see Phillips v. Cnt’y of Allegheny,

515 F. 3d 224, 228 (3d Cir. 2008), but need not accept as true legal conclusions couched as factual

allegations. Papasan v. Allain, 478 U.S. 265, 286 (1986). A complaint need not contain “detailed

factual allegations” to survive a motion to dismiss, but must contain “more than an unadorned, the-

defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A

complaint “that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause

of action will not do,’” and a complaint will not “suffice” if it provides only “‘naked assertion[s]’

devoid of ‘further factual enhancement.’” Id. (quoting Bell Atlantic v. Twombly, 550 U.S. 544,

555, 557 (2007)). “To survive a motion to dismiss, a complaint must contain sufficient factual

matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Id. (quoting

Twombly, 550 U.S. at 570). “A claim has facial plausibility when the plaintiff pleads factual

content that allows the court to draw the reasonable inference that the defendant is liable for the

misconduct alleged.” Id. (quoting Twombly, 550 U.S. at 556). A complaint that provides facts

“‘merely consistent with’ the defendant’s liability [...] ‘stops short of the line between the

possibility and plausibility’” and will not survive review under Rule 12(b)(6). Id. (quoting

Twombly, 550 U.S. at 557).

While pro se pleadings are to be liberally construed in conducting this 12(b)(6) analysis,

such litigants must still “allege sufficient facts in their complaints to support a claim.” Mala v.

Crown Bay Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013).

III. DISCUSSION

In his Amended Complaint, Plaintiff asserts two claims against Klavens – a claim for

conversion and a claim for legal misrepresentation/fraud. Amended Complaint, ECF No. 6 at ¶¶

78-87.3 The Court will first address Plaintiff’s claim of conversion against Klavens. Because

there is no federal claim for conversion, the Court will apply New Jersey state tort law. Hollus v.

Amtrak Ne. Corridor, 937 F. Supp. 1110, 1114 (D.N.J. 1996), aff’d, 118 F.3d 1575 (3d Cir. 1997).

“Under New Jersey law, ‘conversion is essentially the wrongful exercise of dominion and control

over the property of another in a manner inconsistent with the other person’s rights in that

3 The Court notes that Plaintiff’s Amended Complaint includes a total of fourteen claims brought against the various

Defendants. Other than the two causes of action specifically asserted against Klavens, the remaining twelve counts

are either asserted against “said wrongdoer(s)” generally, or against other defendants. Accordingly, the Court is only

addressing the claims where Klavens is expressly identified.

property.’” Peloro v. United States, 488 F.3d 163, 173–74 (3d Cir. 2007) (quoting McAdam v.

Dean Witter Reynolds, Inc., 896 F.2d 750, 771 (3d Cir. 1990)). “The elements of common law

conversion under New Jersey law are (1) the existence of property, (2) the right to immediate

possession thereof belonging to plaintiff, and (3) the wrongful interference with that right by

defendant.” Corestar Int’l Pte. Ltd. v. LPB Commc’ns, Inc., 513 F. Supp. 2d 107, 127 (D.N.J.

2007) (citation omitted).

Here, Plaintiff asserts generalized legal conclusions concerning a claimed interference with

some unidentified property allegedly belonging to him. Crucially, the Amended Complaint does

not provide facts or information about the property at issue. Moreover, the Amended Complaint

is devoid of any facts: (1) identifying the property at issue, (2) demonstrating that Plaintiff had a

right to this unidentified property, or (3) showing how Klavens allegedly interfered with such

rights, wrongfully or otherwise, outside of generalized claims of improperly retaining the property.

Amended Complaint, ECF No. 6 at ¶¶ 78-83. As such, the Amended Complaint fails to set forth

any facts that raise the possibility, never mind the plausibility, of a claim for conversion, nor can

the Court discern the factual basis for such cause of action against Klavens. See Ashcroft, 556

U.S. at 678; Twombly, 550 U.S. at 556-57. Therefore, even when reading the pleadings in the light

most favorable to Plaintiff, the Court finds that he has failed to state a conversion claim against

Klavens.

Next, the Court gleans that Plaintiff’s legal misrepresentation/fraud claim against Klavens

appears to arise solely from her function as a county prosecutor. To this end, prosecutors are

immune from suit in federal civil rights matters for actions taken in connection with their role in

initiating and pursuing criminal prosecutions. See Imbler v. Pachtman, 424 U.S. 409, 410 (1976);

see also LeBlanc v. Stedman, 483 F. App’x 666, 669 (3d Cir. 2012). As the Supreme Court

explained in Buckley v. Fitzsimmons, “acts undertaken by a prosecutor in preparing for the

initiation of judicial proceedings or for trial, and which occur in the course of his [or her] role as

an advocate for the State, are entitled to the protection of absolute immunity.” 509 U.S. 259, 273

(1993). Such acts include “activity taken while in court, such as the presentation of evidence or

legal argument, as well as selected out-of-court behavior intimately associated with the judicial

phases” of litigation. Kulwicki v. Dawson, 969 F.2d 1454, 1463 (3d Cir. 1992). Moreover, courts

apply a functional analysis to determine whether a prosecutor’s conduct has occurred within his or

her function as an advocate. See Yarris v. County of Delaware, 465 F.3d 129, 135 (3d Cir. 2006);

Giuffre v. Bissell, 31 F.3d 1241, 1251 (3d Cir. 1994). While the Third Circuit has rejected “bright

line rules” to determine whether a prosecutor was acting as an advocate, certain conduct, including

presenting evidence in court and engaging in plea bargaining, have typically been found to be part

of the prosecutor’s role as an advocate and is thus afforded absolute prosecutorial immunity. See

Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993); Odd v. Malone, 538 F.3d 202, 210 (3d Cir.

2008); Kamienski v. Ford, No. 311CV03056PGSDEA, 2019 WL 4556917, at *5 (D.N.J. Sept. 17,

2019), aff’d, 844 F. App’x 520 (3d Cir. 2021).

Here, the Amended Complaint asserts that Klavens intentionally and knowingly

misrepresented certain information to “entice” Plaintiff to accept a plea bargain, and that she

relatedly “uttered a forged instrument in open court” which allegedly harmed Plaintiff. Amended

Complaint, ECF No. 6 at ¶¶ 84-87. Thus, Plaintiff’s allegations as to Klavens are clearly actions

taken while in court and related to plea bargaining. Therefore, it is crystal clear that Plaintiff’s

allegations as to Klavens relate to her role as a prosecutor and advocate and are entitled to the

protection of absolute immunity. Buckley, 509 U.S. at 273; Kulwicki, 969 F.2d at 1463; Kamienski,

2019 WL 4556917, at *5.4

IV. CONCLUSION

For the reasons set forth above, Klavens’ Motion to Dismiss is hereby GRANTED.

Plaintiff’s Counts 7 and 8 are hereby dismissed without prejudice with respect to Klavens.

Plaintiff may file an amended complaint within thirty (30) days to the extent he can address the

deficiencies noted and wishes to pursue any claims against Klavens.

Dated: April 22, 2022 s/ Karen M. Williams

KAREN M. WILLIAMS

United States District Judge

4 The Court is mindful that in her Motion Klavens sought dismissal on two other grounds. Having determined that

Klavens is entitled to prosecutorial immunity, any further discussion of the merits of these arguments is unnecessary.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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