Police, The Fourth Amendment, Qualified Immunity

NJ State Trooper Nicholas J. Pryszlak allegedly acts as a collection agency

leave a comment »

Case:  GREENBERG v. NEW JERSEY STATE POLICE, A-5925-10T1 (N.J.Super. 6-26-2012)

What happened:  Peter Moran’s Oil Station, Inc. had a dispute with a customer over a broken battery terminal.  In response to this dispute with Moran the customer stopped payment on a check to the station and sent a letter with a reduced payment, explaining why the payment on the original check was stopped.  Trooper Pryszlak ultimately arrested plaintiff, at his home, for passing a bad check.  Plaintiff filed tort charges against the policeman for the arrest.

Decision:  The trial court initially gave the policeman summary judgment, but the NJ state appellate court reversed.  They basically said that the NJ state police should not be trying to act as a collection agency in what was essentially a civil dispute.  The appellate court was especially concerned by the fact that plaintiff was arrested by Pryszlak inside plaintiff’s home.

Side note: Plaintiff ended up winning against Moran in small claims court on the underlying dispute involving the station’s automobile repairs.

Written by Burgers Allday

July 4, 2012 at 6:51 am

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: