Opinion

MILANES v. POWELL

Court
District Court, D. New Jersey
Filed
May 16, 2025
Cited by
0 cases
Authority
More cited than 35.4%

Eighth Amendment excessive force claim requires that Plaintiff show that force was not used against him in a good faith effort to restore order but was instead used “maliciously or sadistically to cause harm”

How later courts described this case

  • Eighth Amendment excessive force claim requires that Plaintiff show that force was not used against him in a good faith effort to restore order but was instead used “maliciously or sadistically to cause harm”

Written by the judges who cited it.

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

NESTOR MILANES,

Plaintiff, Civil Action No, 22-2225 (KMW) (MIS)

v. MEMORANDUM -OPINION

JOHN POWELL, et al.,

Defendants.

WILLIAMS, District Judge: .

This matter comes before the Court on Defendants’ motion seeking summary judgment in

this prisoner civil rights matter. (ECF No. 73.) By way of background, in Plaintiff's operative

amended complaint in this matter, Petitioner asserted two claims: an Eighth Amendment excessive

force claim raised against Defendants raised pursuant to 42 U.S.C. § 1983, and a state law assault

and battery claim against Defendants. (See ECF No. 61.) Both claims arose out of a confrontation

between Plaintiff and Defendant Gould which occurred in April 2020. Cd. at 2.)

Defendants filed their summary judgment motion on April 11, 2025. CECF No. 73.) In

their motion and statement of material facts, Defendants essentially contended that Plaintiff was

responsible for the confrontation between himself and Gould, goading Gould into a fight, and

thereafter pummeling Gould after Gould pushed Plaintiff away after a verbal spat. (See ECF no.

73-2 at 2-4.) Defendants therefore argued that, because Plaintiff was responsible for starting the

confrontation and in escalating it into violence, the force used against him to restore order was

reasonable and not maliciously deployed, and that Plaintiff therefore could net make out his

excessive force claim. (ECF No. 73-3 at 11-19.) Defendants also argued that they were entitled

to qualified immunity and entitled to summary judgment for that reason as well. (/d.)

In lieu of opposition, Plaintiff filed with this Court a letter. (ECF No. 76.) In that letter,

Plaintiff concedes that his “federal claims do not have merit; [and he therefore does] not object to

their dismissal.” (Ud.) Thus, Plaintiff's letter concedes that Defendants are entitled to summary

judgment as to his federal claims, and, in not opposing Defendants’ statement of material facts,

admits to their statement of facts for the purposes of the currently pending motion. See L. Civ. R.

56.1 (a).

Pursuant to Rule 56, a court should grant a motion for summary judgment where the record

“shows that there is no genuine dispute as to any material fact and the movant is entitled to

judgment as a matter of law.” Fed. R. Civ. P. 56(a}, The moving party bears the initial burden of

“identifying those portions of the pleadings depositions, answer's to interrogatories, and admissions

on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine

issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). A factual dispute is

material “if it bears on an essential element of the plaintiff's claim,” and is genuine if “a reasonable

jury could find in favor of the non-moving party.” Blunt vy. Lower Merion Sch. Dist., 767 F.3d

247, 265 (3d Cir, 2014). In deciding a motion for summary judgment a district court must “view

the underlying facts and all reasonable inferences therefrom in the light most favorable to the party

opposing the motion,” jd., but must not make credibility determinations or engage in any weighing

of the evidence. See Anderson vy. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). “Where the

record taken as a whole could not lead a rational trier of fact to find for the non-moving party,

[however,] there is no genuine issue for trial.” Matsuhita Elec, Indus. Co. vy. Zenith Radio Corp.,

475 U.S. 574, 587 (1986).

Once the moving party has met this initial burden, the burden shifts to the non-moving

party who must provide evidence sufficient to establish that a reasonable jury couid find in the

non-moving party’s favor to warrant the denial of a summary judgment motion. Lawrence v. Nat’]

Westminster Bank New Jersey, 98 F.3d 61, 65 (Gd Cir. 1996); Serodio v. Rutgers, 27 F. Supp. 3d

546, 550 (D.N.J. 2014).

“A nonmoving party has created a genuine issue of material fact if

it has provided sufficient evidence to allow a jury to find in its favor

at trial. However, the party opposing the motion for summary

judgment cannot rest on mere allegations, instead it must present

actual evidence that creates a genuine issue as to a material fact for

trial.”

Serodio, 27 F. Supp. 3d at 550.

In this matter, the parties are in agreement that Plaintiff's federal civil rights claims are

without merit and that Plaintiff cannot show that Defendants infringed his Eighth Amendment

rights in light of the evidence that Plaintiff instigated the confrontation between himself and Gould,

and that the force used against Plaintiff was in response to his brutally attacking Gould following

a verbal disagreement and Gould pushing Plaintiff away. Having reviewed the facts presented in

Defendants’ motion, and having considered Plaintiff's concessions, this Court finds that

Defendants are entitled (0 summary judgment as to all of Plaintiffs federal claims as Plaintiff

concedes that Defendants did not use excessive force against him and the facts presented support

that concession, See, e.g., Wilkins v. Gaddy, 559 U.S. 34, 37 (2010) (Eighth Amendment excessive

force claim requires that Plaintiff show that force was not used against him in a good faith effort

to restore order but was instead used “maliciously or sadistically to cause harm”), Defendants’

motion shall therefore be granted as to Plaintiff's federal excessive force claims, and judgment

shall be entered in favor of all Defendants as to Plaintiffs federal claims.

Because this Court will enter judgment in favor of all Defendants as to Plaintiff’s federal

claims, the Court is left with Plaintiff's state law assault and battery claims. Pursuant to 28 U.S.C.

§ 1367(c)(3), where a district court dismisses all claims over which it has original jurisdiction, the

court “may decline to exercise supplemental jurisdiction” over any pendent state law claims. The

Third Circuit has long held that where all federal claims are “dismissed before trial, the district

court must decline to decide the pendent state claims” absent sufficient affirmative justification for

doing otherwise, Hedges v. Musco, 204 F.3d 109, 123 (3d Cir. 2000). As this Court will enter

judgment in favor of Defendants as to all of Plaintiff's federal claims, this Court therefore must

decline supplemental jurisdiction over Plaintiffs state law assault and battery claims, Those

claims are therefore dismissed without prejudice at this time.!

In conclusion, Defendants’ motion seeking summary judgment (ECF No. 73) is granted as

to Plaintiffs federal claims, judgment shall be entered in favor of all Defendants as to Plaintiff's

federal claims, and Plaintiff's state law claims are dismissed without prejudice at this time as this

Court declines supplemental jurisdiction over those claims, An appropriate order follows.

a cs

a ‘\ ee

ie Karen M. Williams,

United States District Judge

To the extent Plaintiff wishes to pursue those claims, he may do so by filing a complaint in state

court. Pursuant to 28 U.S.C. § 1367(d), the limitation period for Plaintiff's state law claims is

deemed tolled for the time it was pending in this Court and for thirty days after the dismissal of

this matter.

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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