RICHARD
GREENBERG VS. NEW JERSEY STATE POLICE TROOPER NICHOLAS J. PRYSZLAK, ET AL. A-5925-10T1
Following
a dispute between plaintiff and defendant Oil Station, Inc. (OSI), which had
performed an oil change on plaintiff's vehicle and allegedly damaged the
vehicle's battery
in
the process, plaintiff closed the bank account on which he had made the
original payment of $129.44 and provided OSI a check for $31.02, the amount
which plaintiff felt was due. OSI contacted
the State Police, which conducted an investigation and
ultimately
concluded there was probable cause to believe plaintiff violated the bad check
statute, N.J.S.A. 2C:21-5. Plaintiff
was arrested in his home and held at a state police
barracks
until he agreed to pay the full amount OSI claimed was due.
Plaintiff commenced this action,
alleging false arrest, false imprisonment, various constitutional violations,
and other common law torts. The
trial judge granted summary judgment in favor of the State Police and the other
State defendants, as well as OSI and its representative. The court reversed, concluding that an
arrest within the home was unlawful absent an arrest warrant or exigent
circumstances -- both of which were
absent
-- or consent, which turned on disputed questions of fact that could not be
decided at the summary judgment stage.
The court also held there were genuine questions of material fact regarding
the State defendants' claim that probable cause to arrest existed and on the
defense of qualified immunity, thereby precluding summary judgment.
In addition, the court reversed the
summary judgment entered in favor of OSI and its representative because that judgment
was based on the trial judge's dismissal of the claims
against
the State defendants. The court
also found there was evidence to support plaintiff's theory that OSI and its representative
conspired with the State defendants to falsely arrest and imprison plaintiff because,
among other things, OSI had previously enlisted the aid of the State Police in
the collection of OSI's unpaid bills. 06-26-12
