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Case 2:07-cv-01776-JAG-MCA Document 4 Filed 07/06/2007 Page 1 of 8
DIESEL M. BARNES, :
: Civil Action No. 07-1776 (JAG)
Plaintiff, :
:
v. : OPINION
:
PLAINSBORO TWP. POLICE :
DEPARTMENT, et al., :
:
Defendants. :
APPEARANCES:
Dockets.Justia.com
Case 2:07-cv-01776-JAG-MCA Document 4 Filed 07/06/2007 Page 2 of 8
relief. For the reasons set forth below, this Court concludes
I. BACKGROUND
1
Plaintiff’s Complaint was submitted on April 13, 2007.
On May 30, 2007, this Court administratively terminated the case
and denied Plaintiff’s in forma pauperis application, because the
application was incomplete. On June 18, 2007, Plaintiff
submitted a complete in forma pauperis application. Thus, his
case will be reopened and this Court will grant his application.
2
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United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). This Court
Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997).
3
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Gibson, 355 U.S. 41, 45-46 (1957)); Milhouse v. Carlson, 652 F.2d
363 F.3d 229 (3d Cir. 2004); Grayson v. Mayview State Hospital,
293 F.3d 103, 108 (3d Cir. 2002) (dismissal pursuant to 28 U.S.C.
§ 1915(e)(2)).
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under color of state law. See West v. Atkins, 487 U.S. 42, 48
1994).
IV. ANALYSIS
266, 274 (1994)(a section 1983 claim for false arrest may be
unreasonable seizures).
two elements: (1) that there was an arrest; and (2) that the
Philadelphia, 855 F.2d 136, 141 (3d Cir. 1988). Thus, a defense
acted with probable cause. See Sharrar v. Felsing, 128 F.3d 810,
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(3d Cir. 1995) (“an arrest based on probable cause could not
show “that at the time when the defendant put the proceedings in
not require that the officer have evidence to prove guilt beyond
480, 482-83 (3d Cir. 1995). Rather, probable cause exists when
2
The Supreme Court recently held that a cause of action
for false arrest and the imprisonment incident to that arrest
accrues as soon as the allegedly wrongful arrest occurs and that
the limitations period begins to run when that false imprisonment
comes to an end, that is, when the victim becomes held pursuant
to legal process - "when, for example, he is bound over by a
magistrate or arraigned on charges." Wallace v. Kato, 127 S. Ct.
1091, 1095 (2007).
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for the Third Circuit has enunciated three requirements that must
Port Auth. Police Benevolent Ass'n v. Port Auth. of New York and
New Jersey Police Dept., 973 F.2d 169, 173 (3d Cir. 1992)
(citing Schall v. Joyce, 885 F.2d 101, 106 (3d Cir. 1989)).
3
Plaintiff notes in attachments to the Complaint that as
of March 16, 2007, he had not yet been indicted, and was not yet
represented by a Public Defender.
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1915A(b)(1).4
V. CONCLUSION
order follows.
4
Plaintiff asks that this Court issue him “an injunction
ordering [the state court] to cease and desist all further
criminal proceedings against plaintiff.” (Complt., § 9, Relief).
To the extent that Plaintiff asks for release from imprisonment,
his request is not cognizable under § 1983, but rather, should be
raised in his state court proceedings, and then, after he has
exhausted his state court remedies, by way of a habeas
proceeding, pursuant to 28 U.S.C. § 2254, if he so chooses. See
Preiser v. Rodriguez, 411 U.S. 475 (1973).