MARCELO BUSTAMANTE VS. BOROUGH OF PARAMUS, ET ALS. (A-1869-08T2) 05-07-10
Plaintiff's complaint alleging violations of 42 U.S.C.A. §
1983, and common law assault and battery, was dismissed pursuant
to Rule 4:6-2(e). Plaintiff had been indicted for resisting
arrest and aggravated assault upon two of defendant police
officers. After pleading guilty to resisting, plaintiff entered
PTI and all charges against him were dismissed.
Defendants argued that plaintiff's civil complaint was
barred by the "unfavorable result" of his guilty plea and entry
into PTI, relying upon the holding in Heck v. Humphrey, 512 U.S.
477, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994), and Gilles v.
Davis, 427 F.3d 197 (3d Cir. 2005). The trial judge agreed and
dismissed the complaint with prejudice.
We concluded that plaintiff's civil claims are barred by
the disposition of his criminal charges only if a potential
verdict in the civil case was inconsistent with the underlying
criminal charges. Because plaintiff alleged that the officers
continued to assault him after he was in custody, his claims
were not barred as a matter of lawdismissed pursuant to Rule 4:6-2(e).
