White v. Williams

179 F.Supp.2d 405

Thomas M. WHITE, John McKenzie, Frederick Hamiel, Tyrone Hamilton, and South Burlington County Branch, National Association for the Advancement of Colored People, Plaintiffs, v. Col. Carl A. WILLIAMS, individually, Department of Law and Public Safety — Division of State Police, Peter Verniero, individually, John J. Farmer, Jr., in his official capacity as Attorney General of the State of New Jersey, Col. Clinton Pagano, individually, Col. Michael Fedorko, in his official capacity as Acting Superintendent of the New Jersey State Police, New Jersey Turnpike Authority, John and Jane Does 1-99, individually and in their official capacities, John and Jane Roes 1-99, individually and in their official capacities, and John and Jane Moes 1-99, individually and in their official capacities, Defendants.

Civil Action No. 99-CV-2240(JAP).

United States District Court, D. New Jersey.

January 9, 2002.

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William H. Buckman, Moorestown, NJ, for plaintiffs.

Stefan Presser, ACLU Foundation of Pennsylvania, PA, Justin T. Loughry, Loughry and Lindsay, Moorestown, NJ, Alan L. Yatvin, Howard D. Popper, Popper & Yatvin, Philadelphia, PA, David Rudovsky, Kairys, Rudovsky, Epstein, Messing & Rau, Philadelphia, PA, Seth F. Kreimer, Philadelphia, PA, for Thomas White, John McKenzie.

Michael R. Cole, Benjamin Clarke, Paulette L. Pitt, DeCotiis, Fitzpatrick, Gluck, Hayden & Cole, Teaneck, NJ, for Division of State Police, Col. Clinton Pagano, Col. Michael Fedorko and Attorney General John J. Farmer.

George W. Fisher, Zuckerman & Fisher, Princeton, NJ, for Col. Carl A. Williams.

Samuel P. Moulthrop, Andrew M. Conteras, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for New Jersey Turnpike Authority.

Robert A. Mintz, Adam N. Saravay, McCarter & English, Newark, NJ, for Justice Peter G. Verniero.

OPINION

PISANO, District Judge.

I. INTRODUCTION

This case arises out of the ongoing scrutiny of the New Jersey State Police and its practice of racial profiling on the New Jersey Turnpike.¹ Plaintiffs Thomas White, John McKenzie, Frederick Hamiel, Tyrone Hamilton and the South Burlington County Branch, National Association for the Advancement of Colored People ("NAACP") filed this lawsuit alleging various claims against defendants, the Department of Law and Public Safety — Division of State Police ("State Police"), the New Jersey Turnpike Authority ("Turnpike Authority"), Col. Carl A. Williams, Col. Clinton Pagano, Col. Michael Fedorko, Justice Peter Verniero and Attorney General John J. Farmer, Jr., related to the racial profiling conducted by the State Police on the New Jersey Turnpike ("Turnpike").

Plaintiffs' amended complaint contains five counts. Count one is brought pursuant to 42 U.S.C. § 1983 and alleges that defendants, Williams, Pagano and Verniero abridged plaintiffs' constitutional rights; Count two alleges that defendants, Williams, Pagano and Verniero acted with racial animus and were motivated by their "desire to injure, oppress, and intimidate plaintiffs because of their race" in violation of 42 U.S.C. § 1981; Count three alleges that defendants Williams, Pagano and Verniero, conspired to violate plaintiffs' civil rights in violation of 42 U.S.C. § 1985; Count four alleges that defendants, Williams, Pagano, Verniero, the State Police and the Turnpike Authority, "had knowledge of the discrimination and other violations of constitutional rights perpetrated on minorities, including plaintiffs, by their subordinates, but neglected and failed to prevent said wrongful acts when they had the power to do so" in violation of 42 U.S.C. § 1986; and Count five seeks injunctive relief, pursuant to 42 U.S.C. § 2000d (Title VI) to preclude racial profiling and to impose broad restraints and remedial measures.

Plaintiffs seek the following relief: (1) class certification; (2) a declaratory judgment that the defendants' actions, policies and practices deprived plaintiffs of their rights under the Fourth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 2000d; (3) an order permanently enjoining defendants, their employees "and all persons acting in concert with them from stopping, searching, questioning and/or detaining motorists" without probable cause on New Jersey Highways based on their minority status; (4) an order compelling the State Police and the Turnpike Authority to "take prompt, appropriate and effective corrective measures ... to prevent any policies, patterns, or practices that encourage, teach, train, and/or condone" arrests, stops, searches and other law enforcement action based upon an individual's race or ethnic background; (5) an order directing the State Police and the Turnpike Authority to implement a disciplinary system to punish those who continue to engage in or condone arrests, stops or other law enforcement action based upon an individual's race or ethnic background; (6) an order compelling the State Police and the Turnpike Authority to implement a record keeping system to gather statistical information concerning the race of all individuals stopped, detained, searched and arrested by the State Police; (7) compensatory, punitive and treble damages, as well as damages allowed under 42 U.S.C. §§ 1981, 1983, 1985, 1986 and 2000d; (8) reasonable attorneys' fees and court costs, as well as fees and expenses under 42 U.S.C. § 1988; and (9) any other "award, equitable or prospective injunctive relief allowed by statute, or pursuant to the equitable and just power of the Court."

This Court exercises original jurisdiction over these federal subject matter claims pursuant to 28 U.S.C. § 1331.

Pending before this Court are motions submitted by various defendants including²: (1) a motion to dismiss by defendants State Police, Pagano, Fedorko and Farmer; (2) a motion to dismiss by defendant Verniero; and (3) a motion for judgment on the pleadings as to plaintiffs' disparate impact claims, and a motion for summary judgment on the injunctive relief claims by the Turnpike Authority.

Plaintiffs commenced this action on May 14, 1999. An Amended Complaint was filed on June 22, 1999. On November 3 1999, Judge Irenas placed this matter on administrative suspension pending the outcome of class certification issues in the related State Court case Morka v. State of New Jersey, No. L-8429-97 (N.J.Super.Ct.Law.Div. Oct. 5, 2000). After the Superior Court denied class certification in Morka, this case was reopened on January 25, 2001. On April 3, 2001, it was reassigned to the undersigned.

On November 14, 2001, this Court entered a consent order dismissing with prejudice Counts two (§ 1981), three (§ 1985) and four (§ 1986) as to defendant Pagano and Count four (§ 1986) as to defendant State Police. Finally, on November 19, 2001, counsel for defendant Williams entered an appearance.

The Court decides the remaining motions without oral argument pursuant to Fed.R.Civ.P. 78. Defendants' motions are granted in part and denied in part. Verniero's and Pagano's motions to dismiss Count one (§ 1983) are denied. Verniero's motion to dismiss Counts three and four (§§ 1985, 1986) is denied. Verniero's motion to dismiss count two (§ 1981) is granted. Finally, Count five (§ 2000d), seeking injunctive relief, is dismissed with prejudice as duplicative of the consent decree in United States v. State of New Jersey, No. 99-CV-5970(MLC).

II. STATEMENT OF FACTS

This is a putative class action in which the plaintiffs assert that defendants have engaged in a practice, policy and custom of racial profiling on the Turnpike. See Peter Verniero and Paul Zoubek, Interim Report of The State Police Review Team Regarding Allegations of Racial Profiling, (Apr. 20, 1999). ("Interim Report"). Racial profiling is defined as "any action taken by a state trooper during a traffic stop that is based upon racial or ethnic stereotypes and that has the effect of treating minority motorists differently than non-minority motorists." Id. at 5.

Plaintiffs Thomas White, John McKenzie and Frederick Hamiel are all African-American residents of Pennsylvania. White and McKenzie are both retired prison guards. Hamiel is a newspaper account executive. Plaintiff Tyrone Hamilton is an African-American resident of New Jersey, employed as Union County Juvenile Detention Officer. Plaintiff NAACP "is an association formed and operated to protect and defend the constitutional rights of its members and the community of persons of color in and around Burlington County, New Jersey." (amend. comp. ¶ 5)

Defendant Turnpike Authority is an independent public agency responsible for the operation and control of the Turnpike. Defendant State Police is the agency charged with the responsibility of patrolling the Turnpike. Defendant Col. Carl A. Williams, now retired, was the Superintendent of the State Police between March 1994 and February 1999. (def. brief at 2) Williams' predecessor was Defendant Col. Clinton Pagano, who was the Superintendent from October 1975 until February 1990; he is also retired. (def. brief at 2) Williams was replaced by Defendant Col. Michael Fedorko, who served as Acting Superintendent between February 1999 and November 1999; he is also retired. (def. brief at 2) Defendant Peter Verniero was the Attorney General of New Jersey from July 1996 through May 15, 1999. Verniero left that position when he was confirmed as an Associate Justice of the New Jersey Supreme Court. Defendant John J. Farmer, Jr. succeeded Verniero as New Jersey's Attorney General.

A. State v. Soto,

The State Police's practice of racial profiling became a predominant public issue after a Superior Court Judge in Gloucester County declared, in a published opinion, that the State Police endorsed, on at least a de facto basis, a policy of racial profiling. State v. Soto, 324 N.J.Super. 66, 84, 734 A.2d 350 (Law Div.1996). This finding was made in the context of suppression motions brought by...