![]() ( Id.) While Plaintiff was looking at various pieces of furniture, she opened and closed the door of an armoire, and a table resting next to the armoire fell into another piece of furniture breaking the glass on that piece of furniture. 2.) Plaintiff was accompanied by a friend, Marianne Morris. D, Plaintiff's Answers to Interrogatories, No. On February 23, 2002, Plaintiff Joy Rene Bouldin ("Plaintiff") was shopping at the South Jersey Auction (the "Auction"), located in Swedesboro, New Jersey. For the reasons expressed below, Defendants' motion for summary judgment will be granted. McErlain and Patrol Officer Kupsey briefly detained and questioned Plaintiff regarding a broken piece of furniture. Plaintiff Joy Rene Bouldin's complaint arises out of a dispute at South Jersey Auction in which Defendants Sgt. ![]() This matter comes before the Court upon Defendants Logan Township, Logan Township Police Department, Sgt George McErlain and Patrol Officer Kupsey's motion for summary judgment. McErlain and Officer Kupsey are entitled to qualified immunity and summary judgment will be granted in their favor as to this issue. 19, 2001) (dismissal of § 1983 action against a police officer who threatened to arrest plaintiff unless she repaid a $400 debt because the officer's conduct "did not depict conduct so arbitrary and irrational as to violate substantive due process." Thus, this Court finds, as a matter of law, that it would not be clear to a reasonable police officer that his conduct would be unlawful. ![]() To the contrary, the Court notes a decision from the District of Connecticut suggesting that a plaintiff may not maintain a § 1983 action against a police officer who threatens to arrest a plaintiff in order to settle a private dispute. Indeed, the Court's own research also fails to find such precedent in the Supreme Court or Third Circuit. In their opposition papers, Plaintiff's counsel has failed to direct the Court to any case suggesting that the law is clear on this point. Here, the Court concludes that, on this issue, the law does not clearly prohibit a police officer from taking such action. ![]()
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