Estate of Roman v. Newark

Newark police officers forcibly entered and searched the apartment of Roman’s girlfriend. They arrested Roman, who was present in the apartment after they found drugs in a common area that was shared by multiple tenants. Roman was imprisoned for over six months and indicted for various drug offenses. The New Jersey Superior Court found the search to be unlawful and the charges were dropped. Roman sued the City of Newark and various police officers under 42 U.S.C. 1983, alleging that the city had a pattern or practice of constitutional violations and failed to train, supervise, and discipline its officers. He also pleaded an unlawful search claim against the officers and contends they are liable for false imprisonment and malicious prosecution. The district court dismissed all of the claims as inadequately pled and held the city did not have an ongoing practice of unconstitutional searches and arrests. The Third Circuit vacated in part. While most of Roman’s claims do not withstand dismissal, he adequately alleged that the Police Department had a custom of warrantless searches and false arrests. He also sufficiently pled that the Department failed to train, supervise, and discipline its officers, specifically with respect to “the requirements of [the] Fourth Amendment and related law.” View "Estate of Roman v. Newark" on Justia Law