United States Third Circuit
Dique v. New Jersey State Police, 05-1159
In plaintiff's Fourteenth Amendment claim for selective-enforcement, arising from his 1990 traffic stop that led to his conviction for drug related offenses which was vacated in 2002 on the ground that colorable issues of racial profiling existed at the time of the arrest, district court's dismissal of the claim as time barred is affirmed where: 1) under Wallace v. Kato, 549 U.S. 384 (2007), in a case of selective-enforcement, it will no longer be required that the complainant have been convicted and have had that conviction reversed, expunged or invalidated, and the statute of limitations begins to run at the time the claimant becomes detained pursuant to legal process; and 2) plaintiff asserted his selective-enforcement claim over two years after July 2001, when his attorney became aware of the extensive documents describing the State's pervasive selective enforcement practices, that plaintiff discovered, or by exercise of reasonable diligence should have discovered that he might have a basis for an actionable claim.
Appellate Information
- Argued 05/11/2009
- Decided 05/06/2010
- Published 05/06/2010
Judges
- Before: AMBRO, ROTH and ALARCÓN , Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- David Rudovsky, Esquire (Argued), Kairys, Rudovsky, Messing and Feinberg, LLP, Philadelphia, PA, Benjamin Levine, Esquire, Lesnevich & Marzano-Lesnevich, Hackensack, NJ, for Appellant Walter Dique.
- For Appellees:
- Anne Milgram, Attorney General of New Jersey, Lewis A. Scheindlin, Esquire, Assistant Attorney General, Larry R. Etzweiler, Esquire (Argued), Senior Deputy Attorney General, Wendy A. Reek, Esquire, Richard J. Hughes Justice Complex, Trenton, NJ, Tamara L. Rudow, Esquire, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, Philadelphia, PA, for Appellees New Jersey State Police; State of New Jersey; D.L. Pagano; Carson Dunbar., Leonard C. Leicht, Esquire (Argued), Morgan, Melhuis, Abrutyn, Livingston, NJ, for Appellees John Mulvey and G. Vona.